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2019-764 REVISED FILE ORDINANCE NO. 2019-764 An ordinance amending the time requirements to apply for an extension for a granted alcohol license in the City of Janesville, 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 5.06.050 D. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: D. Each applicant who has been granted an original license to sell alcohol by the Common Council shall have a period of 240 days to open. After the initial 240-day period the licensee may request one or more extensions of time within which to satisfy all conditions precedent and/or subsequent established by statute, ordinance, policy statement, and/or special condition(s) imposed by the alcohol license advisory committee and/or Common Council for issuance of the license. Each extension request shall be in writing accompanied by a non-refundable extension request fee as follows: 1st Extension Request $65.00 2nd Extension Request $130.00 3rd Extension Request $500.00 The fee shall be payable to and filed with the City Clerk-Treasurer. No extension request shall be considered or acted upon without a filed written application, payment of the extension fee, and payment in full of all alcohol fee(s). Granting an extension is completely discretionary, is a privilege, is not a right and may be granted if good cause and reasonable necessity are found by the alcohol license advisory committee, in which body the authority to review and grant extensions shall be vested. An extension may be granted for a period of time not to exceed 90 consecutive days, the exact duration subject to the discretion of the alcohol license advisory committee. A total of three extensions may be requested and granted if the applicant follows the procedure set forth herein and timely applies and pays the fee for consideration no later than the 15th day of the month preceding the current extension's expiration date. The alcohol license advisory committee may grant extensions beyond the total of three if the alcohol license advisory committee finds the precedent or subsequent conditions cannot be met because of a natural disaster. In the event that: (a) an applicant fails to comply with any provision of this chapter; or (b) an extension expires without the issuance of a granted license or without a timely applied for and approved subsequent extension, such granted license shall be void and rendered of no further force or effect, without the necessity of any further action, review or notice by the Common Council. Any applicant whose granted license has been voided under the provisions of this subsection may not rely upon any previously submitted application for the same premises but shall reapply de novo and follow the procedure required for a new license application. SECTION II. Section 5.06.180 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Any licensee holding a license to sell alcohol beverages who abandons such business shall forfeit any right or preference he may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of an alcohol beverage license. The closing of the licensed premises for at least 90 days shall be prima facie evidence of an abandonment. Notwithstanding the provisions of this chapter and chapter 5.06.050 of the code of general ordinances any newly licensed premise is not required to open initially for a period of 240 days. ADOPTED: October 14, 2019 Motion by: Wolfe Second by: Marklein APPROVED: Councilmember Aye Nay Pass Absent Benson X Conley X Mark A. F itag, City Manager Farrell X Gruber X ATTE . Marklein X Williams X /�//Ali _�' Wolfe X T. Godek, City lerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, eity Attorney Proposed by: Council VP Wolfe and Councilmember Marklein Prepared by: City Clerk-Treasurer