2013-530 REVISED ORDINANCE NO. 2013 -530
An ordinance creating a permit and establishing a fee to allow the possession and consumption
of fermented malt beverages and wines at designated areas and times in Traxler Park, Riverside
Park, and Palmer Park with a penalty for violations thereof as set forth in Janesville General
Ordinance Sections 12.60.130 and 5.06.470.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 12.60.127 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"12.60.127 Possession and consumption of beer and wine permitted in certain areas of
Traxler Park, Riverside Park, and Palmer Park.
A. Anything to the contrary elsewhere in the Code of General Ordinances of the City
of Janesville notwithstanding, the carry on, possession, and consumption of fermented malt
beverages and wines is permitted but only in the approved "designated areas" of Traxler Park,
Riverside Park, and Palmer Park, and only in strict accord with the provisions of this ordinance.
B. "Designated areas" shall be the warming house and Lions Pavilion in Traxler
Park, the north and south pavilions in Riverside Park, and the Hilltop Pavilion in Palmer Park,
and the park area within 10 feet around each of these pavilions.
C. The possession and consumption of fermented malt beverages and wines 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 Applicant shall be of lawful drinking age, apply for and pay the $50.00 per
day fee, and hold the appropriate Park Beer and Wine Permit. An Applicant shall only be
authorized to apply for the appropriate Park Beer and Wine Permit if the Applicant has paid for
and obtained the appropriate public facility reservation permit for the corresponding location.
Park Beer and Wine Permits may be granted by the Recreation Director and /or his or her
designee.
F. The Permit shall authorize and allow the Permit Holder and all "members of the
applicant's event" who are of lawful drinking age or otherwise permitted by law to possess
and /or consume alcohol to lawfully transport, carry on, 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 permit holder 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. The Permit Holder shall be present during the possession and consumption of
fermented malt beverages and wines in any "designated areas." Possession and consumption of
fermented malt beverages and wines in any "designated areas" without the Permit Holder present
is prohibited.
I. The Permit Holder and every member of the Permit Holder'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 Permit Holder 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 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 Division 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 Permit Holder. The Permit Holder shall pay the fee.
L. No person shall carry on, possess, or consume fermented malt beverages and
wines in a glass bottle and/or container.
M. Consumption of fermented malt beverages and wines are prohibited after 9:00
o'clock p.m.
N. No person may sell any permitted alcohol in any "designated areas" thereof at any
time. This prohibition includes any caterer, food or beverage provider, independent contractor,
or other person directly or indirectly retained, contracted, or hired by the Permit Holder.
0. The Park Beer and Wine Permit 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 Park Beer and Wine Permit granted or issued by the City to the
Permit Holder 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) "Beer ", "fermented malt beverages ", "fermented malt beverage based
wine coolers ", "wine ", 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 5.06.234 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"5.06.234 Possession and consumption of beer and wine permitted in certain areas of
Traxler Park, Riverside Park, and Palmer Park.
A. Anything to the contrary elsewhere in the Code of General Ordinances of the City
of Janesville notwithstanding, the carry on, possession, and consumption of
fermented malt beverages and wines is permitted but only in the approved
"designated areas" of Traxler Park, Riverside Park, and Palmer Park, and only in
strict accord with the provisions of this ordinance.
B. The provisions set forth in Section 12.60.127, as from time to time amended or
renumbered, are reiterated and incorporated herein as if fully set forth verbatim.
ADOPTED: Februar 11 •12 Motion by: Steeber
Second by: Dongarra - Adams
APPROVED: Councilmember Aye Nay Pass Absent
Eric J. Levitt, City Man - %1'r Dongarra - Adams X
Farrell X
ATTES • / Kealy X
Ile d 1 � Liebert X
Jean nn Wulf, City Jerk- Treasurer Severson X
Steeber X
APPROVED AS TO FORM: Voskuil X
v U
Tim Wellnitz, Assistant City Attorney
Proposed by: Leisure Services
Prepared by Assistant City Attorney -=