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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