#5 Introduce ordinance to allow alcohol at Ice Center (File Ord. #2009-432)
CLERK-TREASURER MEMORANDUM
March 13, 2009
TO: City Council
FROM: Jean Ann Wulf, City Clerk-Treasurer
SUBJECT: Introduction, Refer to the Alcohol License Advisory Committee, and
Schedule a Public Hearing for a Proposed Ordinance Permitting the
Lessee of the Janesville Ice Arena to Apply for and Hold a Class B
Combined Fermented Malt Beverage and Intoxicating Liquor Alcohol
Beverage License, with Penalties and Injunctive Relief of Violations
Thereof as Set Forth in JGO 5.046.470
An ordinance has been drafted to allow the sale and consumption of alcohol at the
Janesville Ice Arena. This item for consideration is in conjunction with the proposal the
City received to lease the Ice Arena to the Wisconsin Hockey Partners, LLC facility.
The proposed ordinance was written to allow the Council flexibility in allowing this
activity. The Council may amend the ordinance to allow only fermented malt
beverages, to restrict hours of sale and consumption, and to restrict areas of sale and
consumption.
If the Council approves the lease (previous agenda item), then the Clerk-Treasurer’s
Office recommends that this ordinance be introduced, referred to the Alcohol License
Advisory Committee for recommendation, and scheduled for public hearing on April 13,
2009.
If the Council rejects the lease, then the Clerk-Treasurer’s Office recommends that this
ordinance not be introduced.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
Wald Klimczyk, City Attorney
ORDINANCE NO. 2009-432
An Ordinance Permitting the Lessee of the Janesville Ice Arena to Apply For and Hold a Class B
Combined Fermented Malt Beverage and Intoxicating Liquor Alcohol Beverage License, with
penalties and injunctive relief for violations thereof as set forth in JGO 5.06.470.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
The Introductory Table of Contents to Chapter 5.06 is hereby amended to include newly
created Section 5.06.231 of the Code of General Ordinances of the City of Janesville:
“5.06.231 Sale, possession and consumption of beer, FMB wine coolers, wines,
champagnes, and intoxicating liquor permitted in certain areas of the Janesville Ice
Arena.”
SECTION II.
Section 5.06.231 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
5.06.231 Sale, possession and consumption of beer, FMB wine coolers, wines and
“
champagnes, and intoxicating liquor permitted in certain areas of Janesville Ice Arena.
A.
Anything to the contrary elsewhere in the Code of General Ordinances of the City of
Janesville (“City”) notwithstanding, the transport to, storage, possession, sale, distribution, provision,
use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers,
wines, champagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the
Wisconsin Statutes as from time to time amended and/or as defined and/or interpreted by the
Wisconsin Department of Revenue (“Alcohol Beverages”) are permitted at the Janesville Ice Arena
but only in “designated areas” and only in strict accord with the provisions of this ordinance and the
Lease between the City and the Lessee of the Janesville Ice Arena (“Lessee”).
B.
“Designated areas” shall be these specific geographic areas established and permitted
by the Common Council of the City. Designated areas shall constitute the “alcohol licensed
premises.”
C
. The storage, possession, use, sale, and consumption of Alcohol Beverages shall only
be permitted, stored, possessed, used, and/or consumed within a designated area.
D
. In no event shall a designated area include any area outside of the leased premises
unless the Common Council of the City expressly so permits.
E
. Only the City or the Lessee may transport to, store, possess, sell, distribute, provide,
use, or allow the consumption of Alcohol Beverages at Janesville Ice Arena, and then only in
designated areas.
F
. No person shall carry on, possess, transport, store, sell, use, or consume any Alcohol
Beverages at the Janesville Ice Arena contrary to any provision of this ordinance, any other ordinance
or statute governing alcohol, or any provision of the Lease Agreement.
G
. No person may take, possess, or consume any Alcohol Beverages outside of the
Janesville Ice Arena or outside any designated area(s).
H
. The storage, sale, possession, use, and consumption of Alcohol Beverages at the
Janesville Ice Arena shall only be permitted in strict accord with the requirements, terms, conditions,
restrictions, permitting, fee payment, and regulations set forth in this ordinance, and provisions set
forth in the Lease Agreement between the City and the Lessee (“Lease”).
I
. In the event of any conflict between any provision of this ordinance and any set forth in
the Lease, or between those and any Lessee promulgated restriction, term, requirement, rule or
regulation, the more restrictive provision shall govern.
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J
. The Lessee may not modify, waive, amend, or fail to enforce any provision of this
ordinance or provisions concerning Alcohol Beverages set forth in the Lease.
K
. The City may sell Alcohol Beverages at the Janesville Ice Arena at any time unless the
City agrees otherwise during a Lease with a Lessee.
L
. The Lessee may transport to, carry upon, possess, store, sell, distribute, dispense, and
allow the consumption of Alcohol Beverages at the Janesville Ice Arena but only in strict accord with
each and every of the following conditions:
(1) the Lessee applied for, paid the fee for, was granted, issued, and holds a valid Class
B combined fermented malt beverage and intoxicating liquor alcohol beverage license
from the City for the Janesville Ice Arena; and
(2) the Lessee enters into a Lease with the City approved by the Common Council; and
(3) the Lessee complies and abides with all applicable provisions of law; and
(3) the Lessee complies and abides with all provisions set forth in the Lease.
M.
The Lessee shall NOT transfer to any other person or place any fermented malt
beverage or intoxicating liquor alcohol beverage license granted by the City.
N
. The Lessee shall NOT directly or indirectly contract with or permit any independent
contractor(s) or other person(s) to conduct or engage in any alcohol sales or other alcohol activities
anywhere at the Janesville Ice Arena, or operate or engage in the Alcohol Beverage sales upon the
licensed premises, either on behalf of the Lessee or for the direct or indirect benefit or behalf of such
contractee(s), independent contractor(s), or person(s). Only the Lessee may be the alcohol licensee
and only employees of the Lessee may sell, dispense, or provide permitted Alcohol Beverages upon
the licensed premises or anywhere at the Janesville Ice Arena, and only in strict accord with all
alcohol and other state laws and City ordinances.
O.
Only employees of the Lessee may conduct alcohol activities at the Janesville Ice Arena
and then only in designated areas. The Lessee shall always have at least one City licensed alcohol
beverage operator (“Bartender”) on duty at all times alcohol activities occur.
P
. Only those persons of lawful alcohol drinking age may purchase, be provided, possess,
use, or consume Alcohol Beverages at the Janesville Ice Arena.
Q.
Persons who have not attained the Wisconsin lawful alcohol beverage drinking age
NOT
(“Underage Persons”) shall be provided, purchase, possess, use, or consume Alcohol
even if
Beverages at the Janesville Ice Arena accompanied by or granted permission by such
Underage Person’s accompanying parent or guardian.
R
. The Lessee shall at all times place, maintain, and empty not less than ten (10) adequate
size trash and recycling containers inside the “designated areas.”
S
. No person shall litter or leave behind, and the Lessee shall prohibit persons from
littering or leaving behind any empty, full, or partially full Alcohol Beverage Container(s) in the
“designated area” or elsewhere inside or outside upon the grounds of the Janesville Ice Arena, except
that which is placed in City or Lessee trash and/or recycling containers placed at or near the
“designated area” for that purpose.
T.
In the event that City personnel find litter or Alcohol Beverage containers left behind
after an event, the City shall remove the items and charge the full cost of said removal and clean-up
to the Lessee. The Lessee shall timely pay that charge to the City Clerk-Treasurer. Failure to pay
said charge shall constitute a material breach of the Lease Agreement.
U
. The Common Council of the City hereby expressly and forever reserve unto themselves
all rights, privileges, and prerogatives to amend, condition, modify, and otherwise limit, at any time,
any alcohol beverage license or permit granted or issued by the City to the Lessee, but only after
public hearing and public action thereon in open session, the public peace, health, safety, welfare,
and good so requiring.”
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SECTION III.
The Introductory Table of Contents to Chapter 5.06 is hereby amended to include
newly created Section 12.60.122 of the Code of General Ordinances of the City of Janesville:
“12.60.122 Sale, possession and consumption of beer, FMB wine coolers, wines,
champagnes, and intoxicating liquor permitted in certain areas of the Janesville Ice
Arena.”
SECTION IV.
Section 12.60.122 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
12.60.122 Sale, possession and consumption of beer, FMB wine coolers, wines and
“
champagnes, and intoxicating liquor permitted in certain areas of Janesville Ice Arena.
A.
Anything to the contrary elsewhere in the Code of General Ordinances of the City of
Janesville (“City”) notwithstanding, the transport to, storage, possession, sale, distribution, provision,
use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers,
wines, champagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the
Wisconsin Statutes as from time to time amended, and/or as defined, and/or interpreted by the
Wisconsin Department of Revenue (“Alcohol Beverages”) are permitted at and upon the Janesville
Ice Arena but only:
1. In “designated areas;” and
2. In strict accord with the provisions of this ordinance; and
3. In strict accord with the provisions, terms, and conditions set forth in the Lease
between the City and the Lessee of the Janesville Ice Arena (“Lessee”); and
4. In strict accord with the provisions set forth in Janesville General Ordinance
5.06.231, as from time to time amended or renumbered; and
5. In strict accord with other Janesville alcohol ordinances and state alcohol laws.”
SECTION V.
This ordinance shall take effect the day after publication.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
Loasching
McDonald
ATTEST:
Rashkin
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
City Attorney
Proposed by: Council Members Steeber and Rashkin
Prepared by: City Attorney Wald Klimczyk
J:\Attorney\Word\Shared\Alcohol Ice Arena Enabling Ordinance.doc
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