2019-747 FILE ORDINANCE NO. 2019-747
An ordinance creating a permit and establishing a fee for the possession and
consumption of fermented malt beverages and wines at the JP Cullen Pavilion in the
Town Square and on River Street between Milwaukee Street and Court Street, also known
as the City Festival Street, when the Festival Street is closed during private events with
penalties for violations thereof as set forth in JGO 5.06.470, 12.60.130, and 12.60.460.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 5.06.170 E. 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
E. Also exempt from the prohibitions of this and related ordinances are for permits granted
by the Recreation Director and/or his or her designee in accordance with JGO 12.60.127
allowing the possession and consumption of fermented malt beverages and wines in the
designated areas of Traxler Park, Riverside Park, Palmer Park, the Town Square, and Festival
Street (River Street from Milwaukee Street to Court Street) and all abutting public property when
Festival Street is rented for a private event.
SECTION II. Section 12.60.127 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
12.60.127 Permits for possession and consumption of beer and wine permitted in
certain areas of Traxler Park, Riverside Park, Palmer Park, the Town Square, and Festival
Street.
A. Anything to the contrary elsewhere in the Code of General Ordinances of the City
of Janesville notwithstanding, the carry on, possession, and consumption of fermented malt
beverages and wines is permitted but only in the approved "designed areas" of Traxler Park,
Riverside Park, Palmer Park, the Town Square, and Festival Street, and only in strict accord
with the provisions of this ordinance.
B. "Designated areas" shall be the warming house and Lions Pavilion in Traxler
Park, the north and south pavilions in Riverside Park, the Hilltop Pavilion in Palmer Park, the JP
Cullen Pavilion in the Town Square, and the park area within 10 feet around each of these
pavilions, as well as Festival Street (River Street from Milwaukee Street to Court Street) and all
abutting public property when Festival Street is rented for a private event.
C. The possession and consumption of fermented malt beverages and wines shall
only be permitted, possessed, and consumed within approved "designated areas."
D. Only those persons of lawful drinking age may use the approved "designated
areas" for permitted alcohol purposes.
E. The Applicant shall be of lawful drinking age, apply for and pay the $50.00 per
day fee, and hold the appropriate Park Beer and Wine Permit. An Applicant shall only be
authorized to apply for the appropriate Park Beer and Wine Permit if the Applicant has paid for
and obtained the appropriate public facility reservation permit for the corresponding location and
street closure permit per JGO 12.20.030 if applicable . Park Beer and Wine Permits may be
granted by the Recreation Director and/or his or her designee.
F. The Permit shall authorize and allow the Permit Holder and all "members of the
applicant's event" who are of lawful drinking age or otherwise permitted by law to possess
and/or consume alcohol to lawfully transport, carry on, possess, and consume the permitted
alcohol in the "designated areas."
G. "Members of the applicant's event" means all persons of lawful drinking age who,
in the discretion of the permit holder sponsoring and/or conducting the event, are good faith
invitees, guests or participants in the event, which is not an event open to the general public.
Also included are underage persons who are good faith invitees, guests, or participants, but
only if such underage person's parent or guardian accompanies the underage person and
permits the possession or consumption of the permitted alcohol, as those terms are understood
in Wisconsin alcohol laws, at the specific event and only in the "designated areas." No
underage person shall transport any alcohol to or from the "designated areas." No underage
person shall possess or consume any permitted alcohol without the parent or guardian present
in the "designated areas" at the time of such underage person's consumption or without the
express permission of such parent or guardian.
H. The Permit Holder shall be present during the possession and consumption of
fermented malt beverages and wines in any "designated areas." Possession and consumption
of fermented malt beverages and wines in any "designated areas" without the Permit Holder
present is prohibited.
I. The Permit Holder and every member of the Permit Holder's events shall abide
by each and every provision set forth in this ordinance and all other applicable ordinances and
state laws.
J. In addition to the individual violators, the Permit Holder shall be vicariously liable
and responsible for any and all violations of this ordinance, state law, and other city ordinance
and may be prosecuted and held subject to the penalties for said violations concurrently, jointly,
or severally with the individual violators.
K. No person shall litter, permit littering, leave behind, or permit the leaving behind
of any empty, full, or partially full alcohol containers in any part of any "designated areas" or
elsewhere upon any public site or public way after an event, except for trash and refuse placed
in City or lessee trash containers or lessee recycling containers placed at or near the
"designated areas" for that purpose. In the event that the City Parks Division personnel or other
City officials find litter or containers left behind after an event, the City shall remove the items
and charge the full cost of said removal and clean-up to the Permit Holder. The Permit Holder
shall pay the fee.
L. No person shall carry on, possess, or consume fermented malt beverages and
wines in a glass bottle and/or container.
M. Consumption of fermented malt beverages and wines are prohibited after 9:00
o'clock p.m.
N. No person may sell any permitted alcohol in any "designated areas" thereof at
any time. This prohibition includes any caterer, food or beverage provider, independent
contractor, or other person directly or indirectly retained, contracted, or hired by the Permit
Holder.
0. The Park Beer and Wine Permit is not transferable.
P. The Common Council of the City of Janesville hereby expressly and forever
reserves unto itself the right, privilege and prerogative to amend, condition, modify, and
otherwise limit, at any time, any Park Beer and Wine Permit granted or issued by the City to the
Permit Holder after public hearing and public action thereon in open session, the public welfare
and good so requiring.
Q. For purposes of this section, the following terms shall be defined as follows:
(1) "City means the City of Janesville and its lawfully authorized officials,
officers, employees, agents and representatives.
(2) "Beer", "fermented malt beverages", "fermented malt beverage based
wine coolers", "wine", and "alcohol" mean those beverages as defined in Chapter 125 of the
Wisconsin Statutes, as from time to time amended, and/or as defined and/or interpreted by the
Wisconsin Department of Revenue, as from time to time modified."
SECTION III. Section 12.60.130 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
12.60.130 Penalty for Section 12.60.120. The forfeiture imposed for violation of
Section 12.60.120 shall not be as set forth in Section 12.60.460, but shall be not less than one
hundred dollars together with the cost of prosecution for each offense. In default of the payment
of such penalty, the court shall impose imprisonment for not less than seven days. (Ord. 78-100
s. 1, 1978).
ADOPTED: February 11, 2019 Motion by: Gruber
Second by: Conley
APPROVED: Councilmember Aye Nay Pass Absent
Conley X
Farrell X
Mark A. reitag, City Manager Gruber X
Jorgensen X
ATT / Marklein X
.i Williams X
i ?"v / � Wolfe X
avid T. Godek, Cit ' lerk-Treasurer
APPROVED AS TO FORM:
Li, '•l.
As .stant City Attorney, 1% Wellnitz
Proposed by: City Clerk-Treasurer/Parks Director
Prepared by: City Clerk-Treasurer/Parks
Director/Assistant City Attorney
•
..,gay, .
.� -�-