#2 Public hearing and action to revise beer and liquor sales hours in liquor stores (Re-Revised File Ord. #2012-508 and Re-REvised File Ord. #2012-508-S)
CITY ATTORNEY’S OFFICE MEMORANDUM
March 12, 2012
TO: Common Council
FROM: Klimczyk, City Attorney
SUBJECT: Class A Liquor Store -- Beer & Liquor Sales Hours
Second Reading, Public Hearing and Action
Proposed Re-Revised File Ordinance No. 2012-508 6:00 a.m. – 9:00 p.m.
Proposed Re-Revised File Ordinance No. 2012-508-S State Law Hours
Summary
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 8:00 a.m. – 9:00 p.m.
daily Class A liquor store beer sales. 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.
Both proposed Re-revised File Ordinance Nos. 2012-508 and 2012-508-S were given separate
first readings on Monday, February 27, 2012, and both are 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 midnight Class A closing
hours for fermented malt beverages.
City Manager Recommendation
Give a separate second reading, combined public hearing, and then take action on adopting
either proposed Re-Revised File Ordinance No. 2012-508 or No. 2012-508-S setting the sales
hours of fermented malt beverages and intoxicating liquors. Whatever the Common Council
may ultimately decide, furthermore, is acceptable to the City Manager. Previously, “The City
Manager support[ed] the position of the police department.”
Suggested Motion(s)
“I move the adoption of File Ordinance No. 2012-508 (6:00 a.m. – 9:00 p.m.)” or “I move the
adoption of File Ordinance No. 2012-508-S (6:00 a.m. – 9:00 p.m. for intoxicating liquor and
midnight for fermented malt beverages).”
Background
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 current State law as it pertains to the sale of alcohol in a Class “A” premise is as follows:
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.”
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. A majority of the Council at that time
thought that was the way to go. The amended 8:00 a.m. start time ordinance, however, was
considered and failed after the Council’s second reading and public hearing on Monday,
February 13, 2012, at which time Council Member Voskuil spoke up and said let’s go back to
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 agenda item request.
Attached proposed Re-revised File Ordinance No. 2012-508 accomplishes Council Members
Voskuil’s and Dongarra-Adams’ agenda-item desire. 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.
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 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 a.m. - 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) o’clock 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
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 a.m. - 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) o’clock 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 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