2015-599 ORDINANCE NO. 2015 -599
An ordinance amending the language regarding limitation quota on the number of Class
A Alcohol Licenses in the City of Janesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 5.06.270 of the Code of General Ordinances of the City of
Janesville is hereby amended (this section governs fermented malt beverages sales in
original packaging and containers for consumption off - premises)):
5.06.270 Class A licenses — Issuance based on population — Exceptions - --
Exceeding quota -- Location restrictions
A. The city may issue Class A licenses for the sale of fermented malt beverages
for premises within the municipality. A Class A license authorizes the retail sales of
fermented malt beverages for consumption off the premises where sold and in original
packages and containers.
B. Not more than one Class A fermented malt beverage license may be issued
for each 3,500 or fraction thereof of the population of the city according to the most
recent official annual population estimate of the Wisconsin Department of
Administration, except as otherwise provided in this chapter.
C. Licenses issued to hotels having more than thirty rooms which are equipped
and in use for rental to guests as sleeping quarters shall not be counted in the number
permitted under the limitation in this section.
D. Notwithstanding the provisions of this chapter, the Common Council may, by at
least a majority vote of all the members of the Common Council, grant a new retail Class A
fermented malt beverage license in excess of the quota set forth in subsection (B) above.
Such license is not intended to perpetually increase the quota, but rather to exceed the quota
- - _ _ _ - - - . _ - when issuance of a license would promote
redevelopment of an underutilized commercial property or establishment of a new
business within the community until such time as a Class A license is available as set forth
in subsection (B) above. The quota may be exceeded if the establishment meets all other
provisions as set forth in this chapter and the following criteria shall be met:
1. The applicant shall submit to the City Clerk a petition for exceeding quota. The
petition shall include a business plan of operation and the relevant experience,
background, and signatures of the individual, partners or directors, officers and
agent of a corporation or limited liability company, as well as the signature of the
owner or owners of the building or land and any and all other information required
in Section 5.06.050;
2. The applicant shall supply proof of ownership, lease, or an option to
purchase or lease land or a building that is properly zoned for the proposed
venture;
3. The Alcohol License Advisory Committee shall review the application, the
reports of impacted departments, and all other information before it and make a
recommendation to the Common Council.
E. A Class A fermented malt beverage license may be issued only to a person who
is also applying for a retail Class A license to sell intoxicating liquor.
SECTION II. Section 5.06.410 of the Code of General Ordinances of the City of Janesville is
hereby amended (this section govems intoxicating liquor sales in original packaging and
containers for consumption off - premises):
5.06.410 Class A licenses — Issuance based on population — Exceptions ---
Exceeding quota -- Location restrictions
A. The city may issue Class A licenses for the sale of intoxicating liquor for premises
within the municipality. A Class A license authorizes the retail sales of intoxicating liquor for
consumption off the premises where sold and in original packages and containers.
B. Not more than one Class A intoxicating liquor license may be issued for each 3,500
or fraction thereof of the population of the city according to the most recent official annual
population estimate of the Wisconsin Department of Administration, except as otherwise
provided in this chapter.
C. Licenses issued to hotels having more than thirty rooms which are equipped and in
use for rental to guests as sleeping quarters shall not be counted in the number permitted
under the limitation in this section.
D. Notwithstanding the provisions of this chapter, the Common Council may, by at
least a majority vote of all the members of the Common Council, grant a new retail Class A
intoxicating liquor license in excess of the quota set forth in subsection (B) above. Such
license is not intended to perpetually increase the quota, but rather to exceed the quota fef
.. . - e _ e • - - . - - when issuance of a license would expand the trade
impact of an existing business, or promote redevelopment of an underutilized
commercial property or establishment of a new business within the community until such
time as a Class A license is available as set forth in subsection (B) above. The quota may be
exceeded if the establishment meets all other provisions as set forth in this chapter and the
following criteria shall be met:
1. The applicant shall submit to the City Clerk a petition for exceeding quota. The
petition shall include a business plan of operation and the relevant experience,
background and signatures of the individual, partners or directors, officers and
agent of a corporation or limited liability company, as well as the signature of the
owner or owners of the building or land and any and all other information required
in Chapter 5.06.050;
2. The applicant shall supply proof of ownership, lease, or an option to
purchase or lease land or a building that is properly zoned for the proposed
venture;
3. The Alcohol License Advisory Committee shall review the application, the
reports of impacted departments, and all other information before it and make a
recommendation to the Common Council.
E. A Class A intoxicating liquor license may be issued only to a person who is also
applying for a retail Class A license to sell fermented malt beverages.
SECTION III. This ordinance shall take effect immediately upon adoption, the
public health, welfare, safety, peace and tranquility of the City so requiring.
ADOPTED: April 13, 2015 Motion by: Marklein
Second by: Fitzgerald
APPROVED: Councilmember Aye Nay Pass Absent d t Bobzien X
Farrell X
Mark A reitag, City Manage Fitzgerald X
Gruber X
ATTEST: Liebert X
Marklein X
Severson X
Je Ann Wulf, City Clerk- Tr
APPROVED AS TO FORM:
/ L-J '2.-Sd
Assistant City Attorney
Proposed by: Economic Development Department
Prepared by: Economic Development Department