#4 Public hearing and action to allow liquor and beer sales starting at 8AM (Revised File Ord. #2012-508)POLICE DEPARTMENT MEMORANDUM
February 7, 2012
TO: City Council
FROM: Police Chief Dave Moore
SUBJECT: Second Reading, Public Hearing and Action on a Proposed
Ordinance Amending City of Janesville Alcohol Regulations to
Allow Class A liquor and Beer Sales Starting at 8:00 o’clock a.m.
(Revised 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.
This matter was brought before the Alcohol License and Advisory Committee -
ALAC on January 3, 2012. The ALAC recommended to the City Council that the
sales of fermented malt beverages should be allowed at 6:00 o’clock a.m.
At the January 23, 2012 City Council meeting, Council moved and passed to
amend the first reading so that the public notice upon the introduction was that
the sale of both fermented malt beverages and intoxicating liquors would
commence at 8:00 o’clock a.m. each day at Class A alcohol licensed
establishments in the City of Janesville.
As a result of this motion to amend the introduction of proposed Council File
Ordinance No. 2012-508, the Common Council changed the language in the
ordinance that is being forwarded for the second reading, public hearing, and
Council action, on Monday, February 13, 2012, with the change from 6:00 o’clock
a.m. sales of both beer and intoxicating liquor to 8:00 o’clock a.m.
Police Department Recommendation
The police department recommends that the sales of fermented malt beverage
and intoxicating liquors occur at the same time whether it is at 6:00 o’clock a.m.
or 8:00 o’clock a.m. The department takes an impartial position on the time of
day that the sales should occur. The Police Department recommends adoption
of ordinance 2012-508
City Manager Recommendation
The City Manager supports the position of the police department
REVISED ORDINANCE NO. 2012 - 508
An ordinance permitting Class A alcohol licensed stores to sell beer and intoxicating liquor starting at 8:00
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 5.06.242 A. 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 eight o’clock (8:00) a.m. the following morning. No intoxicating liquor may
be sold between the hours of 9:00 p.m. and 8:00 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