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2014-567 ORDINANCE NO. 2014 – 567 An ordinance exempting downtown events from fencing requirements for Class B temporary special event licenses with penalties as set forth in J.G.O. 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.06.350 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 5.06.350 Class B temporary special event licenses — single 4 ft. fencing required- Posting required. A. If the fermented malt beverages, wine and beer coolers, wines and wine products permitted by the temporary event license /permit are to be dispensed, served or consumed on public property, the entire outside licensed premises shall be enclosed within a single fence or similar enclosure with a minimum height of four feet, or other similar enclosure acceptable to the Chief of Police, to control access and egress to and from the outdoor licensed /fenced area. The licensee shall make an even greater effort to prevent the sale, possession and consumption of alcohol by underage persons outdoors than s/he would indoors. 1. Exempt from all of the fencing provisions of subsection A. above are lawfully licensed alcohol special events occurring downtown or entirely upon private property, such as church property, private schools, and land owned by non - profit or benevolent organizations /entities. The alcohol licensed activities, however, cannot take place upon any private property, including but not limited to adjoining property, or in the downtown u,:less not specifically set forth in the special event application or license. Signs still must be posted as elsewhere required. A wristband that is tamper- resistant and nontransferable shall be applied by the licensee after ascertaining that a purchaser and /or anyone receiving alcoholic beverages are of legal age. B. If the temporary special event is occurring partially or entirely outdoors, the licensee shall post at least two signs with large letters in conspicuous places within the confines of the licensed premises directing all patrons to consume the fermented malt beverages only within the licensed premises or outdoor permitted area(s), and warning all patrons that to consume the fermented malt beverages outside such area(s) is a violation of city ordinance. ADOPTED: June 23, 2014 Motion by: Kealy Second by: Bobzien APPROVED: / Councilmember Aye Nay Pass Absent Ala/ L Bobzien X Mar A reitag, City Manager Farrell X Fitzgerald X ATTEST: Kealy X Liebe X c Z'Cl Marklein X an Ann Wulf, City Clerk- Treas Severson X APPROVED AS TO FORM: Tim Wellnitz, Assistant City Attorney Proposed by: City Administration Prepared by: Assistant City Attorney