#4 Schedule public hearing to permit consumption of alcohol at Tallman House grounds (File Ord. #2012-517)
CITY MANAGER’S OFFICE MEMORANDUM
July 17, 2012
TO: Council President Voskuil and City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance
Permitting the Sale, Possession, and Consumption of Fermented Malt
Beverages, Fermented Malt Beverage Based Wine Coolers, Wine,
Champagne, and Intoxicating Liquor in Certain Designated Areas at the
Tallman House, Helen Jeffris Wood Museum Center, and Associated
Grounds. (File Ordinance 2012-517)
BACKGROUND
In 2009, the City began the process of developing a business plan in collaboration with
the RCHS Board. This process began to enable the operation to become more self-
sustaining in the future. It also, began due to the fact that the City would be initiating a
renovation of the Tallman House.
The RCHS has determined that an Ordinance Change permitting an Alcohol License
will be in line to fulfill the Business Plan.
The City has put approximately $900,000 in repairs to the Tallman House to date as a
part of the Renovation Plan.
REQUEST
The City Manager’s office received the attached letter requesting the City amend its
ordinances to allow for alcohol to be served at events at the Tallman House. This
Ordinance revision is necessary due to the Tallman House being a City owned facility
prior to submitting for a liquor license.
CITY MANAGER’S RECOMMENDATION
:
The City Manager recommends introduction of Ordinance Number 2012-517 for a
th
Public Hearing on August 13.
SUGGESTED ACTION
Introduce Ordinance 2012-517 and schedule for a public hearing on August 13, 2012.
ATTACHMENT
Letter from RCHS
ORDINANCE NO. 2012-517
An ordinance permitting the sale, possession, and consumption of fermented malt beverages,
fermented malt beverage based wine coolers, wine, champagne, and intoxicating liquor in
certain designated areas at the Tallman House, Helen Jeffris Wood Museum Center, and
associated grounds, with a penalty for violations thereof as set forth in Janesville General
Ordinance Section 12.60.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS
:
SECTION I
. Section 12.60.128 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“12.60.128 Sale, possession and consumption of beer, FMB wine coolers, wines and
champagnes, and intoxicating liquor permitted in certain areas of the Tallman House, Helen
Jeffris Wood Museum & Visitor Center, and grounds.
A. Anything to the contrary elsewhere in the Code of General Ordinances of the City
of Janesville notwithstanding, the carry on, sale, possession, and consumption of fermented malt
beverages, fermented malt beverage based wine coolers, wines, champagne, and other
intoxicating liquor and alcohol beverages is permitted but only in the approved “designated
areas” of the Tallman House, Helen Jeffris Wood Museum & Visitor Center, and associated
grounds of both, and only in strict accord with the provisions of this ordinance.
B. “Designated areas” shall be those specific geographic areas established by the
Common Council.
C. The possession and consumption of fermented malt beverages, fermented malt
beverage based wine coolers, wine, champagne, other intoxicating liquors, and alcohol shall only
be permitted, possessed, and consumed within approved “designated areas.”
D. Only those persons of lawful drinking age may use the approved “designated
areas” for permitted alcohol purposes.
E. The Rock County Historical Society shall apply for, pay the fee for, and hold the
appropriate alcohol license.
F. The Permit shall authorize and allow the licensee and all “members of the
approved licensee event” to lawfully transport, carry on, sell, possess, and consume the permitted
alcohol in the “designated areas.”
G. “Members of the applicant’s event” means all persons of lawful drinking age
who, in the discretion of the licensee sponsoring and/or conducting the event, are good faith
invitees, guests or participants in the event. Also included are underage persons 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
alcohol laws, at the specific event and only in the “designated areas.” No underage person shall
transport any alcohol to or from the “designated areas.” No underage person shall possess or
consume any permitted alcohol without the parent or guardian present in the “designated areas”
at the time of such underage person’s consumption or without the express permission of such
parent or guardian.
H. Only the RCHS may sell beer or any other alcohol in any “designated areas.”
I.The RCHS and every member of the licensee’s events shall abide by each and
every provision set forth in this ordinance and all other applicable ordinances and state laws.
J. In addition to the individual violators, the RCHS shall be vicariously liable and
responsible for any and all violations of this ordinance, state law, and other city ordinances and
may be prosecuted and held subject to the penalties for said violations concurrently, jointly, or
severally with the individual violators.
K. No person who shall litter, permit littering, leave behind, or permit the leaving
behind of any empty, full, or partially full alcohol containers in any part of any “designated
areas” or elsewhere upon any public site or public way after an event, except for trash and refuse
placed in City or lessee trash containers or lessee recycling containers placed at or near the
“designated areas” for that purpose. In the event that the City Parks Department personnel or
other City officials find litter or containers left behind after an event, the City shall remove the
items and charge the full cost of said removal and clean-up to the RCHS. The applicant shall
pay the fee.
L. No person may sell any permitted alcohol in any “designated areas” 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 the RCHS.
M. The RCHS may, if it decides to do so, apply for, pay the fee for, be issued and
hold a City of Janesville Class B fermented malt beverage and intoxicating liquor alcohol
beverage license(s) for the “designated areas.” In such event, the RCHS may sell permitted
alcohol under the terms of said Class B license(s) in the “designated areas.” In the event of
licensing, the lessee shall abide by and be governed by Wisconsin alcohol statutes, laws and city
ordinances
N. In no event shall the RCHS directly or indirectly contract with any independent
contractor or other person to conduct or engage in any alcohol sales or operate the alcohol
beverage sales upon the licensed premises or “designated areas” either on behalf of the RCHS or
for the benefit and behalf of such contractee, independent contractor, or person. Only the RCHS
shall be the alcohol licensee and only employees and volunteers of the RCHS may sell, dispense,
permit, or provide permitted alcohol upon the licensed premises in the “designated areas” and
only in strict accord with all alcohol and other state laws and City ordinances.
O. The alcohol license is not transferable.
P. The Common Council of the City of Janesville hereby expressly and forever
reserves unto itself the right, privilege and prerogative to amend, condition, modify, and
otherwise limit, at any time, any alcohol license granted or issued by the City to the RCHS after
public hearing and public action thereon in open session, the public welfare and good so
requiring.
Q. For purposes of this section, the following terms shall be defined as follows:
(1) “City” means the City of Janesville and its lawfully authorized officials,
officers, employees, agents and representatives.
(2) “RCHS” means the Rock County Historical Society.
(3) “Beer”, “fermented malt beverages”, “fermented malt beverage based
wine coolers”, “wine”, “champagne”, “intoxicating liquor”, and “alcohol” mean those 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, as from time to time
modified.”
SECTION II
. Section 5.40.150 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“5.40.150 Sale of fermented malt beverages and FMB based wine coolers in public
parks. Any fermented malt beverages, fermented malt beverage based wine coolers, and
intoxicating liquors sold pursuant to Section 5.40.140 may be possessed, sold and consumed only
within the public parks, public properties, and municipal facilities specifically designated and
authorized by the Common Council in Chapter 12.60 of the Code of General Ordinances of the
City of Janesville, as from time to time amended.”
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Farrell
Kealy
ATTEST:
Liebert
Severson
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Council Members
Prepared by: City Attorney