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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