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2002-157ORDINANCE NO. 2002 - 157 An ordinance amending Title 5, Business Licenses and Regulations and Title 18, Zoning, of the Code of General Ordinances to clarify those instances when consumption of alcoholic beverages within the public right-of-way is permissible, to require a public hearing for approval of a liquor license for an establishment proposing outdoor service of alcohol when adjacent to a residential use and to eliminate the requirement for a conditional use permit for outdoor cafes and beer gardens, with applicable penalties for violations thereof as set forth in Sections 5.06.470 and 18.28.010. THE COMMON COUNICL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: Section I. Section 5.06.170 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Section 5.06.170 Drinking in public prohibited. Ao No person shall drink or carry for the purpose of immediate consumption any alcohol beverage upon the streets, sidewalks, parks, public parking lots, public school property or other public property or upon any private parking lot or any other private areas that are open to public use. Any person carrying any open cup, can, glass, bottle or similar drinking vessel containing alcohol beverages upon the streets, sidewalks, parks, public parking lots, public school property, or other public property, or upon any private parking lot or any other private areas that are open to public use shall be in violation of this section. The common council may grant exceptions to this section for munici regularly established athletic fields and stadiums, school buildings or Section II. Section 5.06.162 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Section III. Section 18.36.040.B. 1.c.v. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows. Restaurants no greater than 7500 gross square feet in total building size and with no banquet or meeting rooms seating more than 50 people and also with no drive-up or drive-through facilities, or.~ ~ ~ ~m the to~ al Section IV. Section 18.36.040.B. 1 .c.vi. of the Code of General Ordinances of the City of Janesville is hereby deleted and the remaining subsections shall be renumbered accordingly. Section V. Section 18.36.040.B.2.b.xxxii. of the Code of General Ordinances of the City of Janesville is hereby inserted and the remaining subsections shall be renumbered accordingly. Section VI. Section 18.36.040.B.2.c.xi. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows. xi. Taverns and cocktail lounges,~'W~°r~ ab~ ~. Section VII. Section 18.36.040.B.2.c.xiii. and xiv. of the Code of General Ordinances of the City of Janesville are hereby deleted and the remaining subsections shall be renumbered accordingly. Section VIII. Section 18.36.040.B.3.b.xxi. of the Code of General Ordinances of the City of Janesville is hereby inserted and the remaining subsections shall be renumbered accordingly. Section IX. Section 18.36.040.B.3.c.xv. and xvi. of the Code of General Ordinances of the City of Janesville is hereby deleted and the remaining subsections shall be renumbered accordingly. Section X. Section 18.36.040.B.4.c.xii. and xiii. of the Code of General Ordinances of the City of Janesville are hereby deleted and the remaining subsections shall be renumbered accordingly. Section XI. Section 18.36.040.B.5.b.iii. of the Code of General Ordinances of the City of Janesville is hereby inserted and the remaining subsections shall be renumbered accordingly. Section XII. Section 18.36.040.B.5.c.iii. and iv. of the Code of General Ordinances of the City of Janesville is hereby deleted and the remaining subsections shall be renumbered accordingly. Section XIII. Section 18.36.040.B.6.c.xi. and xii. of the Code of General Ordinances of the City of Janesville are hereby deleted and the remaining subsections shall be renumbered accordingly. Section XIV. This ordinance shall take effect immediately upon adoption, the public welfare and good so requiring. ADOPTED: November 11, 2002 Steven E. Sheiffer, City Manager ATTEST~ <7 . /-- Jea~~hff, ei¢ ~l;rk-Treas~ Ci~A~omey ~' ~I ~ ~ t Proposed by: Pla~ing Depament Prepped by: Pla~ing Depament MOTION BY: O'Leary SECOND BY: Steeber COUNCILMEMBER AYE NAY PASS ABSENT DAMRON X WILLIAMS X O'LEARY X DEGARMO X BRIEN X MURPHY X STEEBER X