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2004-210ORDINANCE NO. 2004 - 210 ,'In ordinance granting an economic rebate to Reserve "Class B" intoxicating liquor licensees in the City who previously paid the $1 O, O00 fee in addition to regular license fees prior to the adoption of Section 5.06. 055 of the Code of General Ordinances of the City of danesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.06.056 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "5.06.056 Reserve "Class B" $10,000 Initial Issuance Intoxicating Liquor License Retroactive Economic Development Grant. Bo Co The Common Council of the City of Janesville hereby find that encouragement of economic development and tourism, development of the community, and the creation of employment opportunities provide direct advantages and benefits to the public at large and the City. The Common Council further find that, in addition to the legitimate and beneficial economic incentives set forth for new businesses in Section 5.06.055 of the Janesville Code of General Ordinances, it is fitting, proper, in the best interests and of benefit to the public welfare and City to provide economic incentives for businesses previously granted "Class B" reserve intoxicating liquor licenses since such businesses have helped redevelop and/or maintain the commercial vitality of the community, have made significant ongoing beneficial investments in the community, have significantly increased the property tax base, have provided and provide substantial employment opportunities, have attracted and attract tourists, have demonstrated that their individual investments in the establishments issued the "Class B" Reserve intoxicating liquor alcohol beverage licenses was equal to or greater than the dollar amount of the grant set forth herein, and generally have and continue to enhance the economic and cultural climate and vitality of the community. This ordinance and grant shall (1) apply forthwith only to all "Class B" Reserve Intoxicating Liquor Alcohol Beverage Licensees who were issued such licenses prior to adoption of JGO Section 5.06.055, who have actually already paid to the City the additional initial $10,000 Reserve "Class B" Intoxicating Liquor License application fee, and who do not qualify for an actual or potential economic development rebate grant under JGO Section 5.06.055 at the date of the adoption of this ordinance and (2) permit aforementioned licensees to apply for an economic development grant as outlined in JGO section 5.06.055 (C) and (D). Notwithstanding anything in any ordinance or other provision of law to the contrary, no alcohol licensee in the City may ever receive more than $10,000 in aggregate economic incentive rebate grants from the City under any alcohol license economic incentive rebate grant ordinance. The City can only approve and pay the grant under this subsection to an applicant if the property/premises for which the grant is sought, prior to the City's award and/or payment of such grant, is restricted by the owner of the property/premises with a perpetual binding recorded restriction prohibiting the use of the property/premises by the current owner(s) and all future successors, assigns, conveyees and tranferees from using the property/premises as an adult entertainment establishment as that term is defined and understood in the Janesville Ordinances and/or directly or indirectly for any licensed or unlicensed adult oriented purposes" ADOPTED: March 8, 2004 APPROVED: St~en E. Sheiffer, City Manage~ ATTEST: J~e~Ann Wulf, Oiiy Clerk-Treasure~'/ APPROVED AS TO FORM: City Attorney Proposed by: Council Members Wellnitz & Murphy Prepared by: City Attorney MOTION BY: Williams SECOND BY: DeGarmo COUNCILMEMBER AYE NAY PASS ABSENT ADDLE X MURPHY X DEGARMO X STEEBER X WILLIAMS X BRIEN X WELLNITZ X Ord Draft/Alcohol $10000 Retro Rebate Ord