2020-796 FILE ORDINANCE NO. 2020-796
An ordinance temporarily suspending or amending certain City of Janesville Municipal Code
Sections as they apply to outdoor dining, sidewalk cafes, and Class B intoxicating liquor alcohol
licensed premises, with the penalty provisions for the respective ordinance sections applicable
for violations thereof_
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION 1. Sec. 1-26 of the Code of General ordinances of the City of Janesville is hereby created to
read as follows_
"Sec_ 1-26 Temporary Relief Facilitating Certain Business Activities.
WHEREAS, a novel strain of the coronavirus named COVIN-19 has spread throughout the United States
during the spring of 2020, resulting in State and Local Emergency declarations and Emergency orders
that have limited the ability of some businesses from operating, especially dine-in restaurants, bars, and
taverns. These facilities are now permitted to gradually reopen but in a manner that significantly affects
their ability to create revenues; and
WHEREAS, the Janesville Common Council at their May 26, 2020, meeting adopted the "COVIN-19
Pandemic Economic Recovery Plan" which demonstrated the Council's intent to assist businesses in
successfully and safely navigating this unprecedented event by offering assistance, programs, the intent
to modify City requirements and regulations in order to facilitate successful operations, recovery, and
adequate revenues to sustain their businesses; and
WHEREAS, the Janesville Common Council wish to provide temporary relief to restaurants, bars, and,
taverns by adjusting certain local code requirements pertaining to such businesses during the COVIN-19
pandemic and recovery period to allow those businesses to utilize additional outdoor areas, such as
private parking areas, open spaces, adjacent public and private sidewalks, and adjacent properties
during this temporary period to create additional seating to offset the loss of interior seating caused by
social distancing ad public health concerns; and
WHEREAS, the Common Council wish to empower a temporary approval that may be issued by the
Chief Building Official upon these businesses satisfying certain criteria and requirements, and eliminating
the time associated with the customary review and approval required; and
WHEREAS, the Common Council wish to authorize the Chief Building Official to temporarily expand
each Class B alcohol licensed premises and otherwise enable such outdoor uses and activities
temporarily until from now until October 30, 2020.
A. Section 6-19 of the Code of General Ordinances of the City of Janesville is hereby temporarily
suspended to permit expedited review and approval of outdoor spaces for restaurants, bars, and
taverns (Section 6-19 governs outdoor seating for alcohol license establishments by requiring review
by the Alcohol License Advisory Committee and approval by the City Council).
B. Section 12-165(6) of the Code of General Ordinances of the City of Janesville is hereby temporarily
suspended to permit expedited review and approval of outdoor spaces for restaurants, bars, and
taverns (Section 12-165(6) governs the review of the licensed premise for outdoor dining and food
service on the public terrace in the 135 and B6 Zoning Districts).
C_ Section 12-165 (8) of the Code of General Ordinances of the City of Janesville is hereby temporarily
amended to read as follows=
(8) Any and all tables, chairs, equipment, and other appurtenances must be located entirely
within the sidewalk cafe area, may not be placed or in any manner encroach upon the
pedestrian right-of-wayLor other public area, or upon any other property (except property
contiguous to this area that is owned or possessed by the same person or with the written
consent of the property owner), and, when on the sidewalk, shall be placed within the extended
property lines which run at straight line, right angles to the vehicular portion of the street or
sidewalk edge adjoining the applicable business establishment associated with the sidewalk
cafe. Any and all tables, chairs, equipment, and other appurtenances in the sidewalk cafe area
may remain thereon when not in use •. .- -• _ . -_ -_ _ __ _ • -- _ _ - _ e- '—
before
before 6:00 a-m—respectively, each day. The recitals and time frame set forth in JGO Sec. 1-26
are each reiterated and incorporated herein as if fully set forth verbatim.
D. Section 42-273 of the Code of General Ordinances of the City of Janesville is hereby temporarily
suspended to permit expedited review and approval of outdoor spaces for restaurants, bars and
taverns (Section 42-273 requires site plan review for any exterior change on private property for any
commercial site).
E. The Chief Building Official shall require a written request of the applicant including a sketch
illustrating the area to be expanded upon, the number and configuration of tables and chairs,
distance between said tables and chairs, egress path, five foot pedestrian paths for spaces in the
public right-of-way, the number of eliminated parking spaces (if applicable), and written permission
from the property owner of any adjoining property (if applicable). Upon a complete submittal meeting
the requirements established by the Chief Building Official, written approval of the use of the
expanded space shall be provided to the applicant.
F. This ordinance shall take effect immediately upon adoption, the public health, welfare, safety, and
economic good order of the City so requiring. This ordinance and all empowerments set forth herein
shall expire at noon on October 30, 2020.
ADOPTED: June 22, 2020 Motion by: Wolfe
Second by: Benson
APPROVED: / Councilmember Aye Nay Pass Absent
/ Benson X
Conley X
Mark A. F itag, City Manager Farrell X
Johnson X
ATTES Marklein X
Williams X
/ , v / 7 Wolfe X
David T. Godek, City Clerk- reasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Economic Development Office
Prepared by: Economic Development Office/City Attorney