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