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2012-510 ORDINANCE NO. 2012 -510 An Ordinance Permitting the Sale, Use, and Consumption of Fermented Malt Beverages and Intoxi•ating Liquors at the Janesville Senior Center, with penalties and injunctive relief for violations thereof as -t 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 ne ly 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 heresy created to read as follows: "5.06.232 Sale, possession and consumption of beer, FMB wine coolers, wines and cha pagnes, 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 J. nesville ( "City ") notwithstanding, the transport to, storage, possession, sale, distribution, provision, use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers, wines, ch : mpagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the Wisconsin Statutes as frim 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 i strict accord with the provisions of this ordinance. B. "Designated areas" shall be these specific geographic areas established and permittes 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 onl 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 Bu (ding, 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 Janesvil e Senior Center and then only in designated areas. F. No person shall carry on, possess, transport, store, sell, use, or consume any Alcoh•I Beverages at the Janesville Senior Center contrary to any provision of this ordinance, any other ord nance or statute governing alcohol, or contrary to any conditions or permissions provided by the Senior Cent: r Director, Recreation Director, City Manager, and /or his or her designees.. G. The storage, sale, possession, use, and consumption of Alcohol Beverages at the J esville Senior Center shall only be permitted in strict accord with the requirements, terms, conditions, restri tions, permitting, fee payment, and regulations set forth in this ordinance, and those set forth at any time •y 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 n 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 . t 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 Se for Center only in the manner provided by law for Underage Persons. 1 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 ar d 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: March 12, 2012 Motion by: Voskuil APPRO i= Second by: Rashkin „I. � U� J � Councilmember Aye Nay Pass Abs ant Eric J / evitt, Manager Dongarra -Adams X Liebert X ATTEST: McDonald X Rashkin X 740 0,41 / Steeber X Jean An ulf, City C frk- Treasurer Voskuil X APPROVED AS TO FORM: City Attorney Proposed by Council Members and Prepared by City Attorney Wald Klimczyk i 2 --