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2003-172ORDINANCE NO. 2003 - 172 An ordinance creating a Class C wine only intoxicating liquor alcohol license in accordance with the state statutes, with an annual fee of $100, and penalties for violations thereof as set forth in JGO Section 5. 06. 470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.06.451 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "5.06.451 Class C licenses -- Wine only - Fees - Requirements -- No quota. A. In this subsection, "barroom" means a room that is primarily used for the sale of consumption of alcohol beverages. B. A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold. C. A "Class C" license may be issued to a person qualified under Section 125.04(5) of the Wisconsin Statutes for: 1. A restaurant in which the sale of alcohol beverages accounts for less than 50% of gross annual receipts and which does not have a barroom; or 2. A restaurant in which the sale of alcohol beverages accounts for less than 50% of gross annual receipts and which does have a barroom in which wine is the only intoxicating liquor sold. D. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another. E. A "Class C" license and application shall particularly describe the premises for which it is issued. F. The annual fee for a "Class C" license shall be $100, or such higher amount as the Wisconsin statutes, from time to time, may permit. The fee shall be the same for all "Class C" licenses. There shall be no pro-rating the annual fee. G. There shall be no quota for the number of "Class C" license issued in the City. H. 1. After the first ninety days of operation following initial issuance of the license, the licensee shall file with the city clerk an affidavit prepared by a certified public accountant. Such affidavit shall state the percent of gross revenue from the sale of food and non-alcohol beverages and the percent of gross revenue from the sale of fermented malt beverages, if any, and separately for wine for such initial ninety-day period. After the second ninety days of operation following initial issuance of the license, the licensee shall file with the city clerk his/her notarized statement showing the percent of gross revenue from the sale of food and nonalcoholic beverages and the percent of gross revenue from the sale of fermented malt beverages, if any, and separately for wine for such second ninety-day period. Thereafter, such notarized statement of the licensee shall be filed with the renewal application and shall include sales information for the entire previous calendar year. The liquor license advisory committee may, at any time it is deemed necessary, request the licensee to file an affidavit of a certified public accountant to verify the percent of gross revenues for such categories set forth above, for any time period, and/or as shown on the licensee's notarized statement. o The licensee, by application for and receipt of this license, agrees to an examination of her/his business records, for the purpose of verification of the percent of food, fermented malt beverage and wine sales by the city manager or his delegated representative at all reasonable times. ° Failure to file the required affidavit, failure to maintain the required percent of food sales, or failure to comply with any of the requirements for the Class C wine license for restaurants shall be grounds for non-renewal, suspension, or revocation of the Class C wine license for restaurants. I. All other applicable provisions of the City's alcohol ordinances and state alcohol statutes including, but not limited to, alcohol beverage licenses, hours of operation, licensed bartender on duty, license posting, premises operating in orderly manner, no after hours unauthorized persons on premises, fiscal license year, renewals, revocations/suspensions, and distancing requirements are hereby adopted, reiterated by reference and incorporated herein as if fully set forth verbatim." SECTION II. The penalty for violations of this newly created subsection shall be as set forth in Section 5.06.470 of the Code of General Ordinances of the City of Janesville, as from time to time amended or renumbered. SECTION III. This ordinance shall take effect upon adoption, the public welfare, peace and good order so requiring. ADOPTED: May 27, 2003 APPROVED: Steven E. Sheiff~r, City Manager ATTEST: J~l'~ Ann Wulf, City Clerk-Trea~/er APPROVED AS TO FORM: City Attorney '~'" ' - Proposed by: Council Members Murphy & DeGarmo Prepared by: City Attorney MOTION BY: Steeber SECOND BY: Murphy COUNCILMEMBER AYE NAY PASS ABSENT ADDLE X MURPHY x DEGARMO X STEEBER X WILLIAMS X BRIEN X WELLNITZ X