#11 Introduce and schedule public hearing to allow sale, use and consumption of fermented malt beverages at Senior Center and Dawson Complex (File Ord. #2012-510 and #2012-511)
LEISURE SERVICES MEMORANDUM
February 17, 2012
TO: City Council
FROM: Shelley Slapak, Acting Recreation Director
SUBJECT: Introduce and Schedule Public Hearings on Proposed Ordinances
Allowing the Sale, Use, and Consumption of Fermented Malt
Beverages at the Senior Activity Center & Dawson Softball
Complex (File Ordinances No. 2012-510 & 2012-511)
Summary
The Recreation Division submitted a budget enhancement for the 2012 budget to
Allow alcohol in parks and certain recreation programs or facilities, including
Pavilion Rentals, Dawson Softball Complex, Main Street Entertainment Concert
Series, and Senior Activity Center Building Rentals. The City Council supported
the sale/consumption of fermented malt beverages but limited it to the Senior
Activity Center and Dawson Softball Complex only.
Recommendation
The Recreation Division recommends the City Council Introduce Ordinance No.
2012-510 permitting the sale, possession, and consumption of beer, wine
coolers, and champagnes, and intoxicating liquor at the Senior Activity Center
and Ordinance No. 2012-511 permitting the sale, use, and consumption of beer
and FMB wine coolers at Dawson Softball Complex and schedule both ordinance
for a public hearing on March 12, 2012.
City Manager Recommendation
The two proposed ordinances are consistent with the 2012 budget appropriation.
Background
A proposal was considered in 2005 to amend City Ordinance # 12.60.120 which
prohibits the consumption of fermented malt beverages in Janesville’s park
system. Staff did not recommend this proposal and it did not go any further with
the Council. The Janesville Senior Center and Dawson Softball Complex are not
covered by any specific ordinance concerning alcohol licensing. However,
Rotary Gardens, and Blackhawk & Riverside Golf Courses are governed by a
special alcohol license ordinance.
In 2010, staff conducted a survey to all current adult softball league managers.
We received a response from 77 individuals. Out of the respondents, 83% were
in favor of beer sales at Dawson Field. We later asked if they would still
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patronize their sponsor after games if beer sales were available. 92% said they
would still patronize their sponsor. We also asked which rules would they like to
see in place should beer sales be allowed. Many of the suggestions, staff would
implement.
The Senior Center regularly receives calls regarding holding birthday parties,
wedding rehearsal dinners or small wedding receptions in our upstairs Riverview
Room, which seats a capacity of 150 people. When they hear that alcohol
cannot be consumed, they will often search elsewhere. The Senior Activity
Center would only permit the fermented malt beverages during evening or
weekend building rentals and in designated areas. Staff recommends the
individual reserving the building apply and purchase a permit at City Hall in the
Clerk Treasurer’s office, have a licensed bartender present, and provide a
security guard at the their expense.
Dawson Softball Complex would only permit fermented malt beverages during
Leisure Services’ sponsored adult softball leagues and at any organized
tournament. Staff recommends the sale of fermented malt beverages at Dawson
Softball Complex to be under the management of our current concessionaire and
be included in their contract with the City. The concessionaire would apply for a
permit. Security personnel at the Senior Center and the concessionaire would
ensure that fermented malt beverages stay inside the Senior Center building and
within the gates at Dawson Field.
There will pros and cons regarding the adoption of these ordinances. Pros are
providing additional revenue streams to the City and satisfying a desire of some
members of the community. Cons may be increased police surveillance and
participants consuming too much.
cc: Eric Levitt, City Manager
Jay Winzenz, Dir. of Administrative Services/Assistant City Manager
Wald Klimczyk, City Attorney
David Moore, Chief of Police
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ORDINANCE NO. 2012-510
An Ordinance Permitting the Sale, Use, and Consumption of Fermented Malt Beverages and Intoxicating
Liquors at the Janesville Senior Center, 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 5.06.232 of the Code of General Ordinances of the City of Janesville:
“5.06.232 Sale, possession and consumption of beer, FMB wine coolers, wines,
champagnes, and intoxicating liquor permitted at the Janesville Senior Center.”
SECTION II.
Section 5.06.232 of the Code of General Ordinances of the City of Janesville is hereby created
to read as follows:
5.06.232 Sale, possession and consumption of beer, FMB wine coolers, wines and champagnes,
“
and intoxicating liquor permitted at the Janesville Senior Center.
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 Senior Center but only in “designated areas” and only in strict
accord with the provisions of this ordinance.
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 Senior Center Building,
unless the Common Council of the City expressly so permits.
E
. Only the City may sell or allow the consumption of Alcohol Beverages at the Janesville Senior
Center 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 Senior Center contrary to any provision of this ordinance, any other ordinance or
statute governing alcohol, or contrary to any conditions or permissions provided by the Senior Center Director,
Recreation Director, City Manager, and/or his or her designees..
G.
The storage, sale, possession, use, and consumption of Alcohol Beverages at the Janesville
Senior Center shall only be permitted in strict accord with the requirements, terms, conditions, restrictions,
permitting, fee payment, and regulations set forth in this ordinance, and those set forth at any time by the
Senior Center Director, Recreation Director, City Manager, and/or his or her designees.
H
. In the event of any conflict between any provision of this ordinance and any set forth in any
condition or permission of the Senior Center Director, Recreation Director, City Manager, and/or his or her
designees, the more restrictive provision shall take precedence and govern.
I
. The City may sell Alcohol Beverages at the Janesville Senior Center at any time and in the
manner permitted by law.
J
. There shall always be present at least one City licensed alcohol beverage operator
(“Bartender”) on duty at all times that any alcohol activities occur.
K. Only those persons of lawful alcohol drinking age may purchase Alcohol Beverages at the
Janesville Senior Center.
L.
Persons who have not attained the Wisconsin lawful alcohol beverage drinking age (“Underage
Persons”) may be provided, possess, use, and/or consume Alcohol Beverages at the Janesville Senior Center
only in the manner provided by law for Underage Persons.
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M.
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
permission and/or alcohol beverage license or permit granted or issued by the City, the public peace, health,
safety, welfare, and good so requiring.”
SECTION III.
The Introductory Table of Contents to Chapter 12.60 is hereby amended to include newly
created Section 12.60.123 of the Code of General Ordinances of the City of Janesville:
“12.60.123 Sale, possession and consumption of beer, FMB wine coolers, wines,
champagnes, and intoxicating liquor permitted in certain areas of the Janesville Senior Center.”
SECTION IV.
Section 12.60.123 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
12.60.123 Sale, possession, and consumption of beer, FMB wine coolers, wines and
“
champagnes, and intoxicating liquor permitted in certain areas of Janesville Senior Center.
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 Senior Center 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 set forth in Janesville General Ordinance 5.06.232, as
from time to time amended or renumbered; and
4. 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:
APPROVED:
Second by:
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:
City Attorney
Proposed by: Council Members _______ and _______
Prepared by: City Attorney Wald Klimczyk
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ORDINANCE NO. 2012-511
An ordinance permitting the sale, consumption, and possession of beer and hard liquor at Dawson Field, with
penalties for violations thereof as set forth in JGO 5.06.470.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO ORDAIN AS FOLLOWS:
SECTION I
: Section 5.06.223 of the Code of General Ordinances of the City of Janesville is hereby adopted to read
as follows:
“5.06.223 Possession, sale and consumption of beer and FMB wine coolers permitted at Dawson
Park and Fields – Designated Areas
A.
Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville
notwithstanding, the possession, sale, and consumption of fermented malt beverages, fermented malt beverage based
wine coolers, and intoxicating liquor is permitted in certain designated areas of Dawson Park and Fields but only in
strict accord with the requirements, conditions, restrictions, and regulations set forth in this section. No person shall
carry on, transport, sell, or consume any fermented malt beverages, fermented malt beverage base wine coolers, or
any other alcohol beverage upon any part of Dawson Park or Dawson Fields contrary to any provision set forth in this
ordinance or any other ordinance or statute governing alcohol licensing, use, or consumption consistent herewith.
B.
Only those fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating
liquor sold by the City and/or the City’s Dawson Park/Dawson Fields lessee may be possessed or consumed in the
clubhouses or outdoors at Dawson Park and Fields. No fermented malt beverages, fermented malt beverage based
wine coolers, or intoxicating liquors of any kind may be brought, transported, possessed, consumed, or sold by any
person other than the City or the City’s lessee.
C.
No person may take, possess, or consume any fermented malt beverage, fermented malt beverage
based wine cooler, or intoxicating liquor sold or provided by the City or the City’s lessee off of or away from the
designated areas of Dawson Park or Fields. All beer, wine coolers, and intoxicating liquor must be consumed in the
designated areas and the containers properly disposed of at Dawson Park and Fields.
D.
All fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor
shall be sold, possessed, and consumed only in non-glass disposable containers.
E.
The City and/or the City’s lessee may sell fermented malt beverages, fermented malt beverage based
wine coolers, and intoxicating liquor at Dawson Park and Fields.
F.
The City at any time may sell, and the City’s lessee under the following conditions, may sell fermented
malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor at Dawson Park and Fields only
if: (1) the lessee applied for, paid the fee for, was granted, issued, and holds a valid Class B fermented malt beverage
and intoxicating liquor license(s) from the City of Janesville for Dawson Park and Fields; (2) such lessee is
permitted to do so in the lessee’s then applicable lease with the City of Janesville; and (3) all such sales are made
solely by licensed operators (bartenders).
G.
Only those persons of lawful drinking age may possess and consume the permitted alcohol under this
ordinance, and underage persons may also possess and consume the permitted alcohol but only if such underage
person’s parent or guardian accompanies the underage person and permits the possession or consumption of the
permitted alcohol, as those terms are understood in Wisconsin’s alcohol beverage laws and/or City ordinances. No
underage person shall purchase, consume, or possess any permitted alcohol without the parent or guardian present at
the time of such underage person’s consumption or possession, and not without the express permission of such parent
or guardian.
H.Designated areas
“” shall be those specific geographic areas established by the City and/or the lessee.
In no event shall a designated area include any area outside the leased premises unless the Common Council of the
City expressly so permits.
I.
No person may sell any permitted alcohol at Dawson Park or Fields, or in any “designated area”
thereof, at any time without the prior express written authorization of or licensing by the City of Janesville. This
prohibition includes any caterer, food or beverage provider, independent contractor, or other person directly or
indirectly retained, contracted, or hired by any applicant, licensee, or lessee, or other person.
J. 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.”
K. 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, except that which is placed in City or Lessee and/or recycling containers placed at or near
the “designated area” for that purpose.
L. In the event that City personnel find litter or Alcohol Beverage Container(s) 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.
M. 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.”
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Common Council Budget
Prepared by: City Attorney