2002-159ORDINANCE No. 2002 - 159
An ordinance establishing an economic development grant related to initial $10,000 "Reserve
Class B" Intoxicating Liquor Alcohol Beverage License Fees, with a penalty for violations as set
forth in JGO 5.06. 4 70.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 5.06.055 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"5.06.055 Reserve "Class B" $10,000 Initial Issuance Intoxicating Liquor License Fee -
Economic Development Grant.
A. The Common Council finds that:
1. 1997 Wisconsin Act 27 established, effective December 1, 1997, a new
alcohol beverage license called a "Reserve Class B" License; and
2. The initial $10,000 additional fee for "Class B" Intoxicating Liquor
Licenses deters new businesses from establishing, discourages Downtown reinvestment
and redevelopment, and exceeds the cost of regulating Reserve "Class B" licensees and
their premises; and
3. Establishing a grant program to refund all or part of the initial $10,000
minimum fee to be in the public interest including increasing the City's property tax base,
providing employment opportunities, attracting tourists and generally enhancing the
economic, redevelopment and cultural climate of the community; and
4. Businesses such as restaurants, hotels and taverns make important
contributions to the City's economy. These establishments serve important public
purposes including increasing the City's property tax base, providing employment and
promoting tourism. Excessive license fees deter new business and are contrary to the
above stated public purposes. The 1997 Wisconsin Act 27 requires municipalities to
establish a minimum fee of $10,000 for each Reserve "Class B" license issued. Since the
new fee far exceeds the actual cost of licensing the activity, additional revenue will be
available to the City. It is the purpose of this section to utilize revenue generated by 1997
Wisconsin Act 27 to assist new Reserve "Class B" licensees to achieve the important
public purposes identified herein.
B. Reserve "Class B" Intoxicating Liquor Alcohol Beverage $10,000 License -- Fee.
This section pertains solely to the $10,000 initial issuance additional license fee set by the
Wisconsin Legislature in Section 125.51 (3)(e) 2. of the Wisconsin Statutes, as from time to time
amended or renumbered, for a Reserve "Class B" Intoxicating Liquor Alcohol Beverage License.
Every new initial issuance of a "Class B" reserve intoxicating liquor alcohol beverage license
shall include the payment of the $10,000 minimum additional fee by the applicant to the City.
C. Following the (1) issuance of such license and (2) payment of the initial issuance
Reserve "Class B" Intoxicating Liquor Alcohol Beverage License by the applicant, and after the
submission by the applicant of a written application with the City Clerk for this grant, the
Common Council may provide an economic development grant to the licensee in an amount not
to exceed $10,000 following review and recommendation from the Alcohol Licensing Advisory
Committee.
D. The Common Council may consider the following criteria in varying weight and
importance in their determination whether and in what amount to grant all or part of the $10,000
grant to a particular applicant:
The extent to which the license and/or the grant will promote a redevelopment or
rehabilitation project in the Downtown or other commercial areas, the amount of
investment, the extent of rehabilitation, historic preservation, and public
improvement effectuated, and related revitalization, health, welfare, peace and
public good order factors.
The applicant demonstrates that their investment in the establishment issued the
"Class B" Reserve intoxicating liquor alcohol beverage license is equal to or
greater than the dollar amount of the grant request.
o
The "Class B" Reserve establishment is located at least 300 feet from any
residential zoned area.
E. This ordinance subsection and grant shall apply forthwith to all initial "Class B"
Reserve Intoxicating Liquor Alcohol Beverage License applications first filed after the date of
adoption."
SECTION II. This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and
police power so requiring, and shall apply to all initial "Class B" Reserve Intoxicating Liquor
Alcohol Beverage License applications first filed after the date of adoption."
ADOPTED: December 9, 2002
~Steven E. Sheif er, City Manager ('/J
ATTEST:
Jean,,~nn Wul~, City Clerk-Trea~ur,~:
APPROVED AS TO FORM:
City ,~ttorne~, c./ ' /
MOTION BY: Steeber
SECOND BY: Williams
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
De GARMO X
BRIEN X
O'LEARY X
Proposed by: Council Member Steeber, DeGarmo
Prepared by: City Attorney