#1 Introduce and schedule a public hearing to alcohol regulations to allow sales starting at 6AM (File Ord. #2012-508)
CITY ATTORNEY’S OFFICE MEMORANDUM
January 3, 2012
TO: Common Council
FROM: Wald Klimczyk, City Attorney
SUBJECT: Introduction and Schedule a Public Hearing on a Proposed Ordinance
Amending City of Janesville Alcohol Regulations to Allow Class A liquor
and Beer Sales Starting at 6:00 o’clock a.m. (File Ord. 2012-508)
BACKGROUND
Governor Scott Walker recently signed into state law 2011 Wisconsin Act 97 adopted by
the Wisconsin Legislature. That new law allows the sale of beer (fermented malt
beverages) and alcohol (intoxicating liquor) by liquor stores (Class A alcohol licensed
establishments) after 6:00 o’clock a.m. each day, two (2) hours earlier than the 8:00
o’clock a.m. later opening time previously mandated.
2011 Act 97 applies only to Class A off-premises consumption sales – meaning “liquor
stores” that sell beer and liquor for consumption off of the premises. It does not apply to
bars or taverns licensed Class B for on-premises consumption.
City of Janesville ordinances (5.06.240) currently only allow the sale of fermented malt
beverages after 8:00 o’clock a.m., but are silent regarding the sale of intoxicating liquor.
Therefore, with the change in State law, intoxicating liquor may be sold after 6:00
o’clock a.m. whereas, fermented malt beverages may not be sold until 8:00 o’clock a.m.
REQUEST
Dawn Wenner, Liquor Sales Manager at Logli’s, 1501 Creston Park Drive, emailed the
City on December 15, 2011 (see below), requesting that the Common Council amend
its alcohol ordinances accordingly.
RECOMMENDATION
Staff believes that the hours of sale for intoxicating liquor and fermented malt beverages
should be consistent. The Alcohol License Advisory Committee (ALAC) reviewed this
request at their meeting on January 3 and recommended that the sale of fermented malt
beverages be allowed after 6:00 o’clock a.m.
CITY MANAGER’S RECOMMENDATION
:
It is my understanding that the change of fermented malt beverages to 6:00 a.m. is to
make it consistent with the change in State law permitting the sale of intoxicating liquor
at 6:00 a.m. This would make the time of the sale of both items consistent.
The City Council may also consider a new ordinance to restrict the sale of intoxicating
liquor until 8:00 a.m. This action would require bringing forward an ordinance change at
a future meeting.
Also, this action requires 4 votes.
SUGGESTED ACTION
Introduce Ordinance 2012-508 and schedule for a public hearing on February 13, 2012.
ANALYSIS
BEER SALES
Under the new state law, Wis. Stats. § 125.32(3)(b), a Class A alcohol licensed retail
establishment store may sell BEER (fermented malt beverages) from 6:00 o’clock a.m.
to midnight daily unless a city establishes more restrictive hours by ordinance.
Janesville does so under JGO 5.06.240 A. & B. – No BEER sales are permitted from
9:00 o’clock p.m. until 8:00 o’clock a.m. daily.
State Law
“125.32(3)(b) Class "A" premises may remain open for the conduct of their regular
business but may not sell fermented malt beverages between 12 midnight and 8 a.m.
Subsection (2) does not apply to Class "A" premises between 12 midnight and 8 a.m. or
at any other time during which the sale of fermented malt beverages is prohibited by a
municipal ordinance adopted under par. (d).”
“125.32(3)(d) A municipality may, by ordinance, impose more restrictive hours than
those provided in par. (am) or (b), but may not impose different hours than those
provided in par. (a) or (c).”
BEER
Janesville Class A Sales HOURS Ordinance
5.06.240 Sale of Fermented Malt Beverages After 9:00 p.m.
A.
The sale of fermented malt beverages upon the premises of a Class
“A” (liquor store) fermented malt beverage alcohol licensed premises shall cease daily
at nine o’clock (9:00) p.m. and shall not resume until eight o’clock (8:00) a.m. the
following morning. No fermented malt beverages may be sold between the hours of
9:00 p.m. and 8:00 a.m. upon any Class “A” fermented malt beverage alcohol licensed
premises. This restriction by ordinance is authorized by Sections 125.32(3)(b) and (d)
of the Wisconsin Statutes, as from time to time amended, and is hereby enacted in
conformity therewith.
B.
By enacting this ordinance the Common Council for the City of
Janesville hereby find that this ordinance and the enactment of more restrictive
fermented malt beverage sales hours is for the betterment of the community; directly
facilitates the health, welfare, peace, safety and tranquility of the community; directly
and indirectly will reduce the probability and/or problem of the purchase of fermented
malt beverages by underage persons within the community; and will directly and
indirectly reduce the consumption of fermented malt beverages by underage persons
within the community.”
ALCOHOL INTOXICATING LIQUOR SALES
State Law
Under the new state law, Wis. Stats. § 125.68(4)(b), a Class A alcohol licensed retail
establishment may sell ALCOHOL (intoxicating liquor) from 6:00 o’clock a.m. to 9:00
o’clock a.m. unless a city establishes more restrictive hours by ordinance.
(4)
“125.68 (b) "Class A" retailers. No premises for which a "Class A" license or
permit has been issued may remain open for the sale of intoxicating liquor between the
hours of 9 p.m. and 8 6 a.m. A municipality may, by ordinance, impose more restrictive
hours than those provided in this paragraph.“ [the new law amendments are
underlined]
INTOXICATING LIQUOR
Janesville Class A Sales HOURS Ordinance
Previously, a city could not make the closing hours for Class A intoxicating liquor sales
more restrictive than state law. With the recent amendment of the state statutes, a city
may now impose hours more restrictive than state law for intoxicating liquor sales.
Currently, Janesville has no special ordinance regulating the hours of Class A
intoxicating liquor sales. Janesville follows the state’s alcohol laws when the City’s
alcohol ordinances (JGO Chapter 5.06) do not provide a specific regulation.
5.06.010 State statutes adopted
“JGO
A.
Except as prohibited by law, all provisions of Chapter 125 inclusive of the
Wisconsin Statutes describing and defining regulations and procedures
with respect to alcohol beverages are adopted and by reference made a
part of this chapter as if fully set forth herein. Any act required to be
performed or prohibited by any statutes so incorporated by reference is
required or prohibited by this chapter. Any future amendments, revisions,
or modifications of the statutes incorporated by this chapter are also
adopted and incorporated as a part of this chapter.”
Class A (liquor store) intoxicating liquor sales in Janesville, therefore, may lawfully occur
between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily in Janesville once this new law
takes effect because that is what the new state law provides and because Janesville
does not have a more restrictive ordinance governing the hours of intoxicating liquor
sales in Class A alcohol licensed establishments.
SUMMARY
Under the new state law taking effect Wednesday, December 21, 2011, and current
Janesville City Ordinances:
Class A alcohol licensed establishments (liquor stores) in Janesville may lawfully:
intoxicating liquor
SELL between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily.
beer
SELL (fermented malt beverages) between 6:00 o’clock a.m. and 9:00
o’clock p.m. daily.
From:
Wenner, Dawn [mailto:dwenner@Schnucks.com]
Sent:
Thursday, December 15, 2011 9:50 AM
To:
Wellnitz, Tim
Cc:
Klimczyk, Wald
Subject:
Law changing the start time for alcohol sales
Mr. Wellnitz
Governor Walker signed Act 97 changing the starting time for alcohol sales form 8:00
a.m. to 6:00 a.m. I am following up on this to see if your municipality is going to honor
this new law?
I am with Schnucks and we have a store located at 1501 Creston Park Dr., Janesville,
WI.
Thanks,
Dawn
Dawn Wenner| License Clerk | Schnuck Markets Inc.
11420 Lackland Rd. | St. Louis, MO 63146 | 314.994.4411 | dwenner@schnucks.com
ORDINANCE NO. 2012 - 508
An ordinance permitting Class A alcohol licensed stores to sell beer and intoxicating liquor starting at 6:00
o’clock a.m. until 9:00 p.m. daily, with penalties 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.
Section 5.06.240 A. of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“5.06.240 Sale of Fermented Malt Beverages in Class A Stores After 9:00 p.m.
A.
The sale of fermented malt beverages upon the premises of a Class “A” (liquor
store) fermented malt beverage alcohol licensed premises shall cease daily at nine o’clock (9:00)
p.m. and shall not resume until eight six o’clock (86:00) a.m. the following morning. No fermented
malt beverages may be sold between the hours of 9:00 p.m. and 86:00 a.m. upon any Class “A”
fermented malt beverage alcohol licensed premises. This restriction by ordinance is authorized by
Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended, and is hereby
enacted in conformity therewith.”
SECTION II.
Section 5.06.242 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
“5.06.242 Sale of Intoxicating Liquor in Class A Stores After 9:00 p.m.
A.
The sale of intoxicating liquor upon the premises of a Class “A” (liquor store)
intoxicating liquor alcohol beverage licensed premises shall cease daily at nine o’clock (9:00) p.m.
and shall not resume until six o’clock (6:00) a.m. the following morning. No intoxicating liquor may be
sold between the hours of 9:00 p.m. and 6:00 a.m. upon any Class “A” intoxicating liquor alcohol
beverage licensed premises. This restriction by ordinance is authorized by Sections 125.68(4)(b) and
(d) of the Wisconsin Statutes, as from time to time amended, and is hereby enacted in conformity
therewith.”
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Clerk-Treasurer
Prepared by: City Attorney
CITY ATTORNEY’S OFFICE MEMORANDUM
January 3, 2012
TO: Common Council
FROM: Wald Klimczyk, City Attorney
SUBJECT: Class liquor and beer sales starting at 6:00 o’clock a.m.
Governor Scott Walker recently signed into state law 2011 Wisconsin Act 97 adopted by the Wisconsin
Legislature. That new law allows the sale of beer (fermented malt beverages) and alcohol (intoxicating liquor)
by liquor stores (Class A alcohol licensed establishments) after 6:00 o’clock a.m. each day, two (2) hours
earlier than the 8:00 o’clock a.m. later opening time previously mandated.
2011 Act 97 applies only to Class A off-premises consumption sales – meaning “liquor stores” that sell beer
and liquor for consumption off of the premises. It does not apply to bars or taverns licensed Class B for on-
premises consumption.
Dawn Wenner, Liquor Sales Manager at Logli’s, 1501 Creston Park Drive, emailed the City on December 15,
2011 (see below), requesting that the Common Council amend its alcohol ordinances accordingly. Janesville
Chief of Police Dave Moore finds the proposal acceptable, as does Janesville City Clerk-Treasurer Jean Ann
Wulf.
This ordinance is presented at this time for a first reading and to schedule a second reading, public
hearing, and Council action.
CITY MANAGER’S RECOMMENDATION: Bring Janesville’s alcohol ordinances into conformity with the
extended state sales hours for Class A alcohol licensed establishments.
DETAILED DISCUSSION:
BEER SALES
Under the new state law, Wis. Stats. § 125.32(3)(b), a Class A alcohol licensed retail establishment store may
sell BEER (fermented malt beverages) from 6:00 o’clock a.m. to midnight daily unless a city establishes more
restrictive hours by ordinance. Janesville does so under JGO 5.06.240 A. & B. – No BEER sales are permitted
from 9:00 o’clock p.m. until 8:00 o’clock a.m. daily.
State Law
“125.32(3)(b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented
malt beverages between 12 midnight and 8 a.m. Subsection (2) does not apply to Class "A" premises between 12 midnight
and 8 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance
adopted under par. (d).”
“125.32(3)(d) A municipality may, by ordinance, impose more restrictive hours than those provided in par. (am) or (b),
but may not impose different hours than those provided in par. (a) or (c).”
BEER
Janesville Class A Sales HOURS Ordinance
5.06.240 Sale of Fermented Malt Beverages After 9:00 p.m.
A.
The sale of fermented malt beverages upon the premises of a Class “A” (liquor store) fermented malt beverage
alcohol licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until eight o’clock (8:00) a.m. the following
morning. No fermented malt beverages may be sold between the hours of 9:00 p.m. and 8:00 a.m. upon any Class “A” fermented malt
beverage alcohol licensed premises. This restriction by ordinance is authorized by Sections 125.32(3)(b) and (d) of the Wisconsin
Statutes, as from time to time amended, and is hereby enacted in conformity therewith.
B.
By enacting this ordinance the Common Council for the City of Janesville hereby find that this ordinance and the
enactment of more restrictive fermented malt beverage sales hours is for the betterment of the community; directly facilitates the health,
welfare, peace, safety and tranquility of the community; directly and indirectly will reduce the probability and/or problem of the purchase
of fermented malt beverages by underage persons within the community; and will directly and indirectly reduce the consumption of
fermented malt beverages by underage persons within the community.”
ALCOHOL INTOXICATING LIQUOR SALES
State Law
Under the new state law, Wis. Stats. § 125.68(4)(b), a Class A alcohol licensed retail establishment may sell
ALCOHOL (intoxicating liquor) from 6:00 o’clock a.m. to 9:00 o’clock a.m. unless a city establishes more
restrictive hours by ordinance.
(4)
“125.68 (b) "Class A" retailers. No premises for which a "Class A" license or permit has been issued
may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 6 a.m. A municipality
may, by ordinance, impose more restrictive hours than those provided in this paragraph.“ [the new law
amendments are underlined]
INTOXICATING LIQUOR
Janesville Class A Sales HOURS Ordinance
Previously, a city could not make the closing hours for Class A intoxicating liquor sales more restrictive than
state law. With the recent amendment of the state statutes, a city may now impose hours more restrictive than
state law for intoxicating liquor sales.
Currently, Janesville has no special ordinance regulating the hours of Class A intoxicating liquor sales.
Janesville follows the state’s alcohol laws when the City’s alcohol ordinances (JGO Chapter 5.06) do not
provide a specific regulation.
5.06.010 State statutes adopted
“JGO
A.
Except as prohibited by law, all provisions of Chapter 125 inclusive of the Wisconsin Statutes describing and defining
regulations and procedures with respect to alcohol beverages are adopted and by reference made a part of this
chapter as if fully set forth herein. Any act required to be performed or prohibited by any statutes so incorporated by
reference is required or prohibited by this chapter. Any future amendments, revisions, or modifications of the statutes
incorporated by this chapter are also adopted and incorporated as a part of this chapter.”
Class A (liquor store) intoxicating liquor sales in Janesville, therefore, may lawfully occur between 6:00 o’clock
a.m. and 9:00 o’clock p.m. daily in Janesville once this new law takes effect because that is what the new state
law provides and because Janesville does not have a more restrictive ordinance governing the hours of
intoxicating liquor sales in Class A alcohol licensed establishments.
SUMMARY
Under the new state law taking effect Wednesday, December 21, 2011, and current Janesville City
Ordinances:
Class A alcohol licensed establishments (liquor stores) in Janesville may lawfully:
intoxicating liquor
SELL between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily.
beer
SELL (fermented malt beverages) between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily.
Wald
2011 WISCONSIN ACT 97
AA
N CT
relating to:
to amend 125.32 (3) (b) and 125.68 (4) (b) of the statutes; closing hours for certain alcohol
beverage retailers.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S1.
97, s. 1 125.32 (3) (b) of the statutes is amended to read:
ECTION
(3)
125.32 (b) Class "A" premises may remain open for the conduct of their regular business but may not sell
fermented malt beverages between 12 midnight and 8 6 a.m. Subsection (2) does not apply to Class "A" premises between
12 midnight and 8 6 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a
municipal ordinance adopted under par. (d).
S2.
97, s. 2 125.68 (4) (b) of the statutes is amended to read:
ECTION
(4)
125.68 (b) "Class A" retailers. No premises for which a "Class A" license or permit has been issued may remain
open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 6 a.m. A municipality may, by ordinance,
impose more restrictive hours than those provided in this paragraph.
From: Wenner, Dawn [mailto:dwenner@Schnucks.com]
Sent: Thursday, December 15, 2011 9:50 AM
To: Wellnitz, Tim
Cc: Klimczyk, Wald
Subject: Law changing the start time for alcohol sales
Mr. Wellnitz
Governor Walker signed Act 97 changing the starting time for alcohol sales form 8:00 a.m. to 6:00 a.m. I am following up
on this to see if your municipality is going to honor this new law?
I am with Schnucks and we have a store located at 1501 Creston Park Dr., Janesville, WI.
Thanks,
Dawn
Dawn Wenner| License Clerk | Schnuck Markets Inc.
11420 Lackland Rd. | St. Louis, MO 63146 | 314.994.4411 | dwenner@schnucks.com