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