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2017-700 FILE ORDINANCE NO. 2017-700 An ordinance permitting the possession and consumption of fermented malt beverages and intoxicating liquors on the public streets and sidewalks abutting streets closed under JGO Chapters 12.20 (Street Closure Ordinance) or 12.62 (Financial Gain On Public Property Ordinance)for civic, community, or neighborhood events in B5 and B6 zoning districts, with penalties 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 5.06.170 D. of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 5.06.170 Drinking in public prohibited A. No person shall drink or carry for the purpose of immediate consumption any alcohol beverage upon the streets, sidewalks,parks, public parking lots,public school property or other public property or upon any private parking lot or any other private areas that are open to public use. B. Any person carrying any open cup, can, glass, bottle, or similar drinking vessel containing alcohol beverages upon the streets, sidewalks,parks,public parking lots,public school property, or other public property, or upon any private parking lot or any other private areas that are open to public use shall be in violation of this section. C. The common council may grant exceptions to this section for municipal property, regularly established athletic fields and stadiums, school buildings or churches and sidewalk cafes operated in accordance with Section 5.20.020 that are lawfully included in the licensed premises description. D. Also exempt from the prohibitions of this and related ordinances are those abutting streets and sidewalks in B5 and B6 zoning districts closed under JGO Chapters 12.20 (Street Closure Ordinance) or 12.62 (Financial Gain On Public Property Ordinance) for civic, community, or neighborhood events, or events licensed under Wisconsin State Statute 125.51(10)(b) (wine walks). 1. In order to be exempt from the prohibitions of this and related ordinances, the sponsor of the event must apply by the 15th of the month prior to the event that the consumption of alcohol beverages be permitted during the event. The application for public consumption of alcohol must be accompanied by a non-refundable $150.00 fee. 2. No glass bottles or glass containers are permitted on any public street, sidewalk,park,public parking lot, or other public property, or private parking lot exempt under subsection 5.06.170 (D). 3. During an authorized event, individuals may purchase fermented malt beverages, coolers, wines, and intoxicating liquors from Class B licensed establishments and carry and consume such alcohol beverages upon the closed public streets, sidewalks, and terraces in compliance with subsection 5.06.170(D)(2). 4. Event sponsors must provide wristbands that must be worn by all individuals that will possess or consume alcohol during the event. All alcohol beverages must be in a plastic container. 5. No individual may bring fermented malt beverages or intoxicating liquors on to c the grounds of a special event covered by section D of this ordinance that were not purchased from a Class B licensed establishment. 6. All applications to allow the public consumption of alcohol under subsection D must be reviewed and approved by the Alcohol License Advisory Committee. If the Alcohol License Advisory Committee does not approve an event for exemption the applicant may appeal to the City Council by filing a written appeal with the City Clerk-Treasurer within 30 days. All decisions by the City Council are final. SECTION II. Section 12.60.120 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 12.60.120 Public facility--Fermented malt beverages and intoxicating beverages prohibited. The possession or consumption of fermented malt beverages, coolers, and intoxicating liquors are prohibited within the limits of any public parks, facility, or other public property included in this chapter, except as specifically permitted by other City ordinance. ADOPTED: November 13, 2017 Motion by: Wolfe Second by: Marklein APPROV D: Councilmember Aye Nay Pass Absent Conley X Farrell X Mark A. F eitag, City Manager Gruber X Jorgensen X ATT ': Marklein X orAMOY Williams X j// Wolfe X D vid T. Godek, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: Interested Members of the Community Prepared by: City Clerk-Treasurer and City Attorney