2020-810 FILE ORDINANCE NO. 2020-810
An ordinance re-establishing the temporary suspension or amendment of 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 I. 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 a coronavirus named SARS Coronavirus 2 and its concomitant disease
COVID-19 have spread throughout the United States during the spring and summer of 2020 in pandemic
proportions, resulting in State and Local Emergency Declarations and Emergency Orders that have
significantly limited the manner and ability of certain businesses from operating, especially dine-in
restaurants, bars, and taverns. These facilities have been permitted to reopen but in a manner that
significantly disrupts and hinders their ability to generate adequate revenues; and
WHEREAS, the Janesville Common Council at their May 26, 2020, meeting adopted the "COVID-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 and programs with
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 at their June 22, 2020, meeting approved File Ordinance
No. 2020-796 establishing the temporary suspension or amendment of certain City of Janesville
Municipal Code Sections as they applied to outdoor dining, sidewalk cafes, and Class B intoxicating
liquor alcohol beverage licensed premises to create additional seating to offset the loss of interior seating
caused by social distancing and public health concerns; and
WHEREAS, the temporary suspension or amendment of those certain City of Janesville Municipal Code
Sections expired on October 30, 2020, and
WHEREAS, the Janesville Common Council desire to re-establish the temporary suspension or
amendment of certain City of Janesville Municipal Code Sections to allow those businesses to continue
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, public health concerns, and related
governmental Orders and restrictions; and
WHEREAS, the Common Council desire to empower a temporary approval and suspension or City
ordinances and regulations that may be issued by the Chief Building Official for these businesses which
satisfy certain criteria and requirements, and eliminating the time associated with the customary review
and approval required; and
WHEREAS, the Common Council desire to authorize the Chief Building Official to continue to temporarily
suspend ordinance and other City regulations, and expand each Class B alcohol licensed premises to
otherwise enable such outdoor uses and activities from the moment of adoption of this ordinance until
rescinded by the City Council.
Ordinance No. 2020-810
Page 2
NOW, THEREFORE, this ordinance until rescinded by the Council, temporarily provides as
follows:
A. Each of the above recitals is reiterated and incorporated herein as if fully set forth verbatim.
B. 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).
C. 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 B5 and B6 Zoning Districts).
D. 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-way, or 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. The recitals and time frame set forth in JGO Sec. 1-26 are
each reiterated and incorporated herein as if fully set forth verbatim."
E. 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).
F. 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.
G. The Chief Building Official is empowered by the Common Council with all power and authority
necessary to grant and issue such waivers and suspensions, and to otherwise effectuate the letter
and intent of this ordinance.
H. This ordinance shall take effect immediately upon adoption, the public health, welfare, safety, and
economic good order of the City so requiring.
I. This ordinance and all special empowerments set forth herein shall remain in place until rescinded by
the Council.
Ordinance No. 2020-810
Page 3
ADOPTED: November 9, 2020 Motion by: Benson
Second by: Marklein
APPROVED: Councilmember Aye Nay Pass Absent
Benson X
Conley X
Mark A. Fr tag, City Manager Farrell X
Johnson X
ATTEST. Marklein X
Williams X
Wolfe X
David T. Godek, City Clerk-Treasurer
APPROVED AS TO FORM:
Gr/(W
Wald Klimczyk, City Attorney
Proposed by: Economic Development Office
Prepared by: Economic Development Office/City Attorney