#10 Introduce and schedule public hearing on proposed ordinances revising beer & liquor sales hours (File Re-revised Ord. No. 2012-508 & File Re-revised Ord. No. 2012-508-S)
CITY ATTORNEY’S OFFICE MEMORANDUM
February 27, 2012
TO: Common Council
FROM: Wald Klimczyk, City Attorney
SUBJECT: Introduction and Schedule a Public Hearing on Proposed Ordinances
Revising Beer and Liquor Sales Hours in Class A Liquor Stores (Re-
Revised File Ordinance No. 2012-508 and Re-Revised File Ordinance No.
2012-508-S)
Background
Wisconsin state law under 2011 Wisconsin Act 97 currently permits Class A alcohol
license establishments – Liquor Stores – to sell beer from 6:00 o’clock a.m. to midnight
daily, and intoxicating liquor from 6:00 o’clock a.m. to 9:00 o’clock p.m. daily. State law
permits cities to adopt ordinances with more restrictive hours of sales.
Janesville’s current fermented malt beverage (beer) ordinance permits beer sales
between 8:00 a.m. – 9:00 p.m. daily in Class A liquor stores. Janesville has no
ordinance regulating intoxicating liquor sales. As a result, in Janesville, Class A liquor
stores can currently sell intoxicating liquor starting at 6:00 a.m. through 9:00 p.m. but
beer only from 8:00 a.m. to 9:00 p.m.
Dawn Wenner, License Clerk at Schnucks Markets, Inc., d/b/a Logli’s at 1501 Creston
Park Dr., Janesville, WI., wants the hours for beer sales consistent with the new state
law’s start time of 6:00 a.m. for both.
The Janesville Common Council introduced such an ordinance and then modified it
during first reading on Monday, January 23, 2012, to make it 8:00 a.m. for both beer
and liquor sales instead of 6:00 a.m. as originally proposed and drafted. The amended
8:00 a.m. start time ordinance was considered and failed after the Council’s second
reading and public hearing on Monday, February 13, 2012. Following the vote Council
Member Voskuil suggested allowing sales to begin at 6:00 a.m. for both but keep the
closing time at 9:00 o’clock p.m. for both, too. Council Member Dongarra-Adams then
co-sponsored Council Member Voskuil’s suggestion.
Attached proposed Re-revised File Ordinance No. 2012-508 accomplishes Council
Members Voskuil’s and Dongarra-Adams’ request. Because the change from 8:00 a.m.
to 6:00 a.m. is “substantial,” a new first reading is necessary with a new scheduled
second reading, public hearing, and action in order to provide adequate due process
notice to persons interested in appearing and commenting before the Council
concerning the 6:00 a.m. start time for beer rather than the previously noticed 8:00 a.m.
Council President Steeber recently requested that an ordinance be drafted and noticed
that followed the Class A liquor store state law hours for sales of both fermented malt
beverages and intoxicating liquors. Current state law permits Class A beer store sales
from 6:00 a.m. – midnight daily, and intoxicating liquor sales from 6:00 a.m. to 9:00 p.m.
daily. Proposed Re-revised File Ordinance No. 2012-508-S accomplished Council
President Steeber’s alternate proposal AND changes automatically when state law
changes, without the need for future Council ordinance amendment.
Suggested Action
Both proposed Re-revised File Ordinance Nos. 2012-508 and 2012-508-S should be
given separate first readings and both could be scheduled for second readings,
combined public hearing, and action for Monday, March 12, 2012.
Alcohol License Advisory Committee Recommendation: The matter was brought
before the Alcohol License Advisory Committee on January 3, 2012. The ALAC
recommended to the City Council that the sales of fermented malt beverages be
allowed to start at 6:00 o’clock a.m. in Class A liquor stores, just like intoxicating liquor
currently is. The ALAC did not comment upon the 12 midnight state law closing hours
for fermented malt beverage sales.
Police Department Recommendation: Janesville Chief of Police Dave Moore
suggests that whatever the start time is for liquor stores, that it be uniform for both
fermented malt beverages (beer) sales and intoxicating liquor sales. “The police
department takes an impartial position on the time of day that the sales should occur.”
The Police Department previously recommended adoption of Revised File Ordinance
No. 2012-508 with 8:00 o’clock a.m. – 9:00 o’clock p.m. sales hours. The Police
Department has not yet considered nor made any recommendation concerning 12
midnight Class A closing hours for fermented malt beverages.
City Manager Recommendation: The City Manager recommends that the City Council
th
hold two separate first readings and set a second public hearing on March 12 for the
ordinance that the Council prefers to consider passing. If the Council is undecided at
this time, I recommend tabling both ordinances. The ordinance can be modified at the
second hearing, but the modification needs to be reasonable in nature so that an
individual in the public receives reasonable notice of what the potential action the
Council is considering.
Current State Law
FERMENTED MALT BEVERAGE (Beer) CLASS “A” SALES HOURS
“
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 6 a.m.
Subsection (2) does not apply to Class "A" premises between 12 midnight and 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).”
“
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).”
INTOXICATING LIQUOR “CLASS A” SALES HOURS
“125.68(4)(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 6 a.m. A municipality may, by ordinance, impose more restrictive hours
than those provided in this paragraph.”
RE-REVISED 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 o’clock 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 6:00 o’clock a.m.
- 9:00 o’clock 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 o’clock p.m. and 86:00 o’clock 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
or renumbered, 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 6:00 o’clock a.m. - 9:00 o’clock
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 o’clock p.m. and 6:00 o’clock a.m. upon any “Class A” intoxicating
liquor alcohol beverage licensed premises. This restriction by ordinance is authorized by Section
125.68(4)(b) of the Wisconsin Statutes, as from time to time amended or renumbered, and is hereby
enacted in conformity therewith.”
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: Council Members Voskuil and
Dongarra-Adams
Prepared by: City Attorney
RE-REVISED ORDINANCE NO. 2012–508-S
An ordinance permitting Class A alcohol licensed stores to sell beer starting at 6:00 o’clock a.m. until 12
midnight daily, and intoxicating liquor starting at 6:00 o’clock a.m. until 9:00 o’clock 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 -- 6:00 o’clock a.m.
to 12 midnight daily. 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 be permitted during the same hours as
permitted by state law, and prohibited during the same hours as prohibited by state law, both as from
time to time amended or renumbered. cease daily at nine o’clock (9:00) p.m. and shall not resume
until eight o’clock (8:00) o’clock 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 permission and restriction by local ordinance are authorized by
Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended or
renumbered, and are 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 – 6:00 o’clock a.m. to 9:00
o’clock p.m. daily
A.
The sale of intoxicating liquor upon the premises of a “Class A” (liquor store)
intoxicating liquor alcohol beverage licensed premises shall be permitted during the same hours as
permitted by state law, and prohibited during the same hours as prohibited by state law, both as from
time to time amended or renumbered. This permission and restriction by local ordinance are
authorized by Section 125.68(4)(b) of the Wisconsin Statutes, as from time to time amended or
renumbered, and are hereby enacted in conformity therewith.”
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: Council Members Voskuil and
Dongarra-Adams
Prepared by: City Attorney