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2012-517 REVISED 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 12.60.126 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "12.60.126 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 5.06.233 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "5.06.233 Sale, possession and consumption of beer, FMB wine coolers, wines and champagnes, and intoxicating liquor permitted at 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. The provisions set forth in Section 12.60.128, as from time to time amended or renumbered, are reiterated and incorporated herein as if fully set forth verbatim. C. No requirements for minimum food or non - intoxicating liquor sales that are applicable to certain licenses held upon private property do not apply to any alcohol licenses granted or issued under this subsection or to these properties." SECTION III. Section 12.60.125 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "12.60.125 Sale, possession and consumption of beer and FMB wine coolers permitted at Dawson Park and Fields — Designated Areas. A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville notwithstanding, the carry on, possession, sale and consumption of fermented malt beverages and fermented malt beverage based wine coolers is permitted, but only in the "designated areas" of Dawson Field and only in strict accord with the provisions of JGO 5.06.223." Motion by: Steeber ADOPTED: August 13, 201 Second by: Kealy / Councilmember Aye Nay Pass Absent APPROVED /' Dongarra -Adams X Eric J. Levi it M' ger Farrell X /' Kealy X q� Liebert X M fr Severson X Jea nn Wulf, ity Clerk- Steeber X Voskuil X PPROVED AS TO FORM: f1.01-1 Wald Klimczyk, City Attorney Proposed by Council Members Prepared by: City Attorney —`-'