2004-231
ORDINANCE NO. 2004-231
An ordinance amendment exempting combination grocery store/restaurants with a Class B beer only and/or
Class C wine only license from the separate business requirements of the City's alcohol ordinances so as to
permit the use of single restroom facilities in such establishments, with a penalty, injunctive relief revocation
and other remedies for violations thereof as set forth in JGG Section 5.06.470.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO ORDAIN AS FOLLOWS:
SECTION I. Section 5.06.120 A. of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
"5.06.120 Access requirements-Licensed premises separate from retail stores-No other
business on licensed premises-Exceptions. A. No Class A or Class B license may be granted or
issued unless there is access to the licensed premises directly from the street or sidewalk or from public
hallways or stairways of any public building or area open to the public. No access to the licensed premises may
be permitted through the premises of any other business, whether owned by the licensee or a different
individual. If the licensed premises is located in a complex of retail stores, the licensed premises shall be
separated from the other retail areas by solid walls of rigid construction. No openings are allowed in such
walls.
1. This restriction shall not apply to hotels and motels having more than thirty rooms which are
equipped and in use for rental to guests as sleeping quarters nor to bowling alleys.
2. Also exempt are combination grocery stores/restaurants not exceeding a total combined area of
five thousand square feet (5,000 sq. ft.) of floor space, but only the restaurant portion may hold an alcohol
license and then only a Class B beer only and/or Class C wine only license. The grocery store/activities must be
separate from the restaurantlalcohollicensed portion and activities by solid walls that may have one passage
between the two uses so as to permit the use of a single restroom facility by all patrons. All alcohol sales and
consumption shall only occur on the licensed restaurant premises. Storage of alcohol shall occur only upon a
licensed portion of the premises which may include a non-contiguous area apart from the restaurant portion. No
sales shall occur for off-premises consumption, notwithstanding anything in the statutes or ordinances to the
contrary."
SECTION II. Section 5.06.120 B. and C. of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
"5.06.120 B. No other business may be conducted on the licensed premises. This restriction shall not
apply to:
1. Food service on a Class B premises;
2. Selling wrapped food pursuant to a city food license on Class A licensed premises;
3. A bowling alley, pool hall, dart lanes for hand thrown darts, or enclosed archery lanes;
4. Hotels and motels having more than thirty rooms which are equipped and in use for rental
to guests as sleeping quarters; and
a. Combination grocery store/restaurants not exceeding a total combined area of five
thousand square feet (5,000 sq. ft.) of floor space that hold a Class B beer only and/or
Class C wine only license for the restaurant portion, but only the restaurant portion may
hold an alcohol license. The grocery store/activities must be separate from the
restaurantlalcohollicensed portion and activities by solid walls that may have one
passage between the two uses so as to permit the use of a single restroom facility by all
patrons. Storage of alcohol shall occur only upon a licensed portion of the premises
which may include a non-contiguous area apart from the restaurant portion. All alcohol
sales and consumption shall only occur on the licensed restaurant premises. No sales
shall occur for off-premises consumption, notwithstanding anything in the statutes or
ordinances to the contrary.
5.06.120 C. Temporary special event fermented malt beverage and wine licensees are exempt from
the requirements of this section."
ADOPTED:
APPROVED:
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Steven E. Sheiffer, City Manager
SEPTEMBER 13, 2004
MOTION BY: DeGarmo
SECOND BY: Addie
COUNCILMEMBER AYE NAY PASS ABSENT
WELLNITZ, Tim X
BRIEN X
WILLIAMS X
WELLNITZ, Tom X
STEEBER X
DeGARMO X
ADDIE X
ATTEST:
APPROVED AS TO FORM:
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City Attorney
Proposed by: Council President Steeber
Prepared by: City Attorney
Ord Draft! Alcohol Separate Business Grocery Revised Amendment