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2012-511 ' 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 FOL OWS: SECTION I: Section 5.06.223 of the Code of General Ordinances of the City of Janesville is hereby al opted to read as follows: "5.06.223 Possession, sale and consumption of beer and FMB wine coolers permitted a Dawson Park and Fields — Designated Areas A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Jan • sville notwithstanding, the possession, sale, and consumption of fermented malt beverages, fermented malt be erage based wine coolers, and intoxicating liquor is permitted in certain designated areas of Dawson Park and Field 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 oolers, or any other alcohol beverage upon any part of Dawson Park or Dawson Fields contrary to any provision s-t forth in this ordinance or any other ordinance or statute governing alcohol licensing, use, or consumption consistent I erewith. B. Only those fermented malt beverages, fermented malt beverage based wine coolers, and ntoxicating liquor sold by the City and/or the City's Dawson Park/Dawson Fields lessee may be possessed or cons ed in the clubhouses or outdoors at Dawson Park and Fields. No fermented malt beverages, fermented malt bevy age based wine coolers, or intoxicating liquors of any kind may be brought, transported, possessed, consumed, or old 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 • everage based wine cooler, or intoxicating liquor sold or provided by the City or the City's lessee off of or awa from the designated areas of Dawson Park or Fields. All beer, wine coolers, and intoxicating liquor must be con umed 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 be erage 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 .1d Fields only if: (1) the lessee applied for, paid the fee for, was granted, issued, and holds a valid Class B fermented alt beverage and intoxicating liquor license(s) from the City of Janesville for Dawson Park and Fields; (2) such les • ee is permitted to do so in the lessee's then applicable lease with the City of Janesville; and (3) all such sale- are made solely by licensed operators (bartenders). G. Only those persons of lawful drinking age may possess and consume the permitted alco of under this ordinance, and underage persons may also possess and consume the permitted alcohol but only if such nderage person's parent or guardian accompanies the underage person and permits the possession or consumpti . n of the permitted alcohol, as those terms are understood in Wisconsin's alcohol beverage laws and/or City ordi ances. No underage person shall purchase, consume, or possess any permitted alcohol without the parent or guard an present at the time of such underage person's consumption or possession, and not without the express permission • f such parent or guardian. H. "Designated areas" shall be those specific geographic areas established by the City an• or the lessee. In no event shall a designated area include any area outside the leased premises unless the Common Co ncil 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 Janesv lle. This prohibition includes any caterer, food or beverage provider, independent contractor, or other person dir ctly or indirectly retained, contracted, or hired by any applicant, licensee, or lessee, or other person. B J. The Lessee shall at all times place, maintain, and empty not less than ten (10) adequate s ze trash and t. recycling containers inside the "designated areas." K. No person shall litter or leave behind, and the Lessee shall prohibit persons from litterin: or leaving behind any empty, full, or partially full Alcohol Beverage Container(s) in the "designated area" or else here inside or outside upon the grounds, except that which is placed in City or Lessee and /or recycling containers plac-d 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 . fter an event, the City shall remove the items and charge the full cost of said removal and clean-up to the Lessee. Th.. Lessee shall timely pay that charge to the City Clerk- Treasurer. Failure to pay said charge shall constitute a materia breach of the Lease Agreement. M. The Common Council of the City hereby expressly and forever reserve unto themselves :11 rights, privileges, and prerogatives to amend, condition, modify, and otherwise limit, at any time, any alcohol ' everage license or permit granted or issued by the City to the Lessee, but only after public hearing and public ac ion thereon in open session, the public peace, health, safety, welfare, and good so requiring." ADOPTED: March 12, 2012 Motion by: Rashkin Second by: Steeber , APPROVED / Councilmember Aye Nay Pass Absent V / i Dongarra -Adams X i Liebert X Eric J. Levitt, Ci %' - nager McDonald X Rashkin X ATTEST: Steeber X Voskuil X 1111 /41 Jean An ulf, City Clerk- Treasurer APPROVED AS TO FORM: , Wald Klimczyk, City Attorney - _ 4 e = — Proposed by Common Council Budget - - Prepared by City Attorney , a • Wulf,Jean From: Klimczyk, Wald Sent: Thursday, March 22, 2012 8:15 AM To: Trumpy, Jill; Salus, Carri Cc: Wulf,Jean Subject: RE: ord 2012 -511 It's okay as written. The limitation will be in its application by staff. From: Trumpy, Jill Sent: Thursday, March 22, 2012 7:54 AM To: Klimczyk, Wald; Salus, Carri Cc: Wulf,Jean Subject: RE: ord 2012 -511 Wald, I have updated this in our Word document as it was originally written but Carri thought tI• at the wording had changed some because it's only allowed for tournament play at Dawson. I haven't updated the website or any of our hard copy books yet because I wanted to make sure I had the wording right first. Thanks. Jill From: Klimczyk, Wald Sent: Wednesday, March 21, 2012 8:12 PM To: Salus, Carri; Trumpy, Jill Cc: Wulf,Jean Subject: RE: ord 2012 -511 Jill, did you get a chance to update this yet? Wald From: Salus, Carri Sent: Wednesday, March 21, 2012 4:23 PM To: Klimczyk, Wald; Trumpy, Jill Cc: Wulf,Jean Subject: RE: ord 2012 -511 Wald, I don't see an attachment. Thanks, Carri Carri Salus City of Janesville 18 N. Jackson. St 1 P.O. Box 5005 1 Janesville, WI 53547 -5005 608- 755 -3070 1 608-755-3196 (fax) www.ci.janesville.wi.us 1