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2016-638 s Revised File Ordinance No. 2016 -638 [Alcohol License Advisory Committee ALAC Extension Grant] An ordinance enabling the temporary premise extension of a Fermented Malt Beverage and /or Intoxicating Liquor Class B alcohol licensed premises, with penalties and other relief for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: Section I. Section 5.06.165 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 5.06.165 EXTENSION OF PREMISES - TEMPORARY (OUTDOOR PARTIES). A. Notwithstanding anything in these ordinances to the contrary, the temporary extension of the alcohol licensed premises for a lawfully issued and held Class B Fermented Malt Beverage and /or Intoxicating Liquor alcohol beverage license may be permitted at the discretion of the of the Alcohol License Advisory Committee (ALAC), upon prior review and recommendation of the Site Plan Review Coordinator, but upon the timely and full compliance by the licensee /applicant with each and every of the requirements set forth in this subsection. The grant and issuance of a Class B Alcohol Premises Extension Permit is a privilege, discretionary, and not a right. Denials may be appealed to the Common Council. B. No person may use or permit the use of any area for the possession, storage, sale, or consumption of fermented malt beverages and /or intoxicating liquors without being granted and holding the appropriate alcohol beverage license(s) and extension(s). C. The licensee(s) desiring a temporary extension of their alcohol licensed premises shall apply on forms prepared and furnished by the City Clerk- Treasurer's Office. The form must be filed and the application fee paid by the applicant by the 15 of the month prior to ALAC meeting. The applicant shall answer each question on the form fully and truthfully. D. The application fee is $175 and must be paid to the City Clerk- Treasurer's Office prior to the ALAC taking any action on the application. The fee is non - refundable for any reason, even if the extension of premises is not granted. The fee includes the cost of publication, notification of neighbors, Clerk's Office processing, JPD review, other staff review, and enforcement. E. Prior to approval, grant, or issuance, the applicant or duly authorized principal shall appear before the ALAC after a review and recommendation by the Site Plan Review Coordinator on the dates, times, and places furnished by the Clerk's Office, and shall provide all information requested timely and truthfully. F. As part of the application for a temporary extension of premises the applicant must provide a site plan for review. G. The ALAC may require the applicant to provide additional information and to furnish additional documentation as they each may request or require. The ALAC may impose such similar and /or 1 b different conditions, restrictions, and requirements as each governmental body decides in their own discretion, including, but not limited to, notice to neighbors, private security, no beer or alcohol outdoors, no outside live music or other sound amplification, hours of operation, designation of the extended premises, and /or such other and additional restrictions, conditions, and /or requirements as each separately may discretionarily deem appropriate and in the best interest of the City, and its residents. H. The ALAC's decision may be appealed to the Common Council, whose decision is binding and final. The following conditions and restrictions shall apply to the grant, issuance, and use of an Alcohol Beverage Temporary Extension of Premises Permit: (1) No premises may be granted or issued more than two (2) separate occasion extension permits per year. (2) Each extension of premises permit shall be allowed during a single calendar day only and no 2 -day or multiple -day permits, functions, or events shall be licensed or permitted hereunder. (3) Each extension of premises permit shall allow the possession, sale, and consumption of fermented malt beverages and intoxicating liquors within the hours set by the Common Council but in no event longer than the hours otherwise allowed by law. (4) The outdoor use and occasion shall be confined to the temporarily extended premises and originally licensed premises and shall be contiguous with the licensed premises and solely upon such privately owned premises. An extension permit shall not include any public streets, walks, or other public property, unless permitted to do so in strict compliance with the conditions of the extension permit and the requirements of this ordinance. (5) There shall be no amplified music or other amplified sound outside upon the extended licensed premises without express permission from the Alcohol License Advisory Committee. There shall be no other disturbing noise or disorderly conduct. All outside music shall cease no later than 10:00 o'clock p.m. on the day of the event. (6) Outdoor activities must stop not later than 10:00 o'clock p.m. and all clean up must be completed not later than 11:00 o'clock p.m. on the day of the event. 2 ADOPTED: June 13, 2016 Motion by: Tidwell Second by: Deupree APPROVED: Councilmember Aye Nay Pass Absent ,/ Deupree X �?�r/�L Manager Gruber X Mark A. reitag, City nager Jorgensen x Liebert X ( / 41/71r ATT / Marklein X Tidwell X ��� �� , Williams X David T. Godek, City Cle ' - Treasurer APPROVED AS TO FORM: lialg Wald Klimczyk, City Attorney Proposed by: City Manager's Office Prepared by: City Attorney and City Clerk- Treasurer 3