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Missoula County approves $90,000 settlement, amends fairgrounds alcohol contract with Rhinoceros Inc.
Summary
Commissioners approved a $90,000 settlement in a vendor lawsuit and amended a professional services agreement to designate Rhinoceros Inc. as the preferred alcohol caterer at the Missoula County Fairgrounds through Aug. 31, 2026, with carve-outs for the Zoo Town Music Festival and events involving Always On LLC.
Missoula County commissioners on Thursday approved a $90,000 settlement to resolve a lawsuit brought by Rhinoceros Inc. and voted to amend the companys professional services agreement so Rhinoceros is promoted as the countys preferred alcohol caterer at the fairgrounds through Aug. 31, 2026.
The county attorney told the board the litigation grew out of two county contracts. A December 2023 agreement with Always On LLC included a clause allowing Always On to retain its own alcohol vendor for the Zoo Town Music Festival, while a later contract with Rhinoceros identified Rhinoceros as the exclusive alcohol provider for events at the Missoula County Fairgrounds. "Under certain circumstances, Missoula County would not have been able to perform under both of those contracts," the county attorney said. The attorney said Rhinoceros sued after Always On used a different vendor and that the county reached a settlement at a Dec. 9 conference.
"Under the terms of the settlement Missoula County is going to pay the Rhinoceros $90,000," the county attorney said. He added the parties "have agreed to an amendment of our contract with the Rhinoceros for the remaining term of that contract, which goes through 08/31/2026."
The PSA amendment approved by the board promotes Rhinoceros as the exclusive alcohol caterer for the 2026 Western Montana Fair and as the preferred alcohol caterer for other events at the Missoula County Fairgrounds through Aug. 31, 2026. The amendment explicitly excludes the 2026 Zoo Town Music Festival and any events involving Always On LLC or any entity in which Scott Osborne is a member, manager, or director.
Commissioners moved and seconded the motions to approve first the mutual release and settlement agreement and then the PSA amendment. Both motions passed by voice vote with commissioners answering "Aye." No individual vote tallies by name were recorded in the transcript.
The county attorney said the county office recommended the settlement and expressed that the agreement "is in the best interest of Missoula County." The board took the action during its regular business meeting; there were no recorded dissents.
