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CP066A (Alcohol License Advisory Committee)CITY OF JANESVILLE Policy No. 66-A Page 1 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office PURPOSE To clarify and record the composition and responsibilities of the Alcohol License Advisory Committee (ALAC)and the Council’s policy regarding review, approval, granting, issuance, non-issuance, and holding of alcohol beverage licenses and procedures for suspension, revocation and non-renewal of alcohol licenses. STATEMENT OF POLICY 1. In order to provide for an effective system of alcohol beverage licensing that protects the public safety and is applied in a uniform and equitable manner, the City Council has adopted the following written policy to govern alcohol beverage licensing in Janesville and, without limitation, the granting, suspension, revocation, or non-renewal of licenses. 2. This policy is intended as a supplement to assist the City Council and the Alcohol License Advisory Committee in the City Council’s statutory authority to issue and administer the alcohol beverage licensing process consistent with city ordinances, state statutes, and the Wisconsin Constitution. This policy in no manner abrogates, waives, or voids any of the rights, privileges, or authority vested by law in the Common Council or the Alcohol License Advisory Committee. I. Alcohol License Advisory Committee A. The committee shall consist of seven persons. The membership and appointment of the committee shall be as follows: 1. Four members shall be residents of the City of Janesville, shall have no particular relationship to the alcohol industry, and shall represent the public at large. These members shall be appointed by the Council President subject to confirmation by the CITY OF JANESVILLE Policy No. 66-A Page 2 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office Common Council following consultation from the Advisory Committee on Appointments. The members shall be appointed to three-year terms. 2. One member shall be a resident of the City of Janesville who has substantial and ongoing involvement with the alcohol industry in the City of Janesville. This member shall be appointed by the Council President, subject to confirmation of the Common Council following consultation from the Advisory Committee on Appointments, and may be removed at any time and without cause by the Council President at their sole discretion, and without the prior or other review or action by the Common Council or the ALAC. This member shall be appointed for a term of three years. 3. Two members shall be Councilmembers appointed annually by the Common Council President. 4. The Police Chief, or their designee, shall attend all meetings of the Alcohol License Advisory Committee to provide information and guidance to the Committee. This individual is a non-voting attendee. B. The purpose of the Alcohol License Advisory Committee is to assist the Common Council in an advisory capacity in the matters relating to applications for alcohol and related licenses and also to provide a research source for the purpose of investigation of difficulties that may arise in this area and recommendations for their resolution. C. The main function of the ALAC will be to review, CITY OF JANESVILLE Policy No. 66-A Page 3 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office evaluate, and make recommendations to the Common Council through the City Manager. D. The committee may establish, from time to time, procedures deemed necessary by the committee to carry out its responsibilities. E. It is recognized the Common Council has and will maintain final jurisdiction over all matters related to and considered by the committee including, but not limited to, license issuance, non-issuance, suspension, revocations, and policy and ordinance amendments. II. Granting and Issuance of Class A and Class B Fermented Malt Beverage and Intoxicating Liquor Licenses A. The Common Council is not obligated to, and need not, grant an alcohol beverage license simply because there is one or more available for issuance under the quota system. In their review of applications for Class A, Class B, Class B beer only, and Class C wine only licenses, the committee and the Common Council shall: 1. Determine whether the proposed business establishment is located in an area in which alcohol beverage activities, operation, and appearance would be compatible with the surrounding uses and neighborhood. 2. Consider the health, welfare, peace, safety, tranquility, and good order of the City, neighborhood, and location. 3. In making the above determinations, the committee and the Common Council shall consider location of CITY OF JANESVILLE Policy No. 66-A Page 4 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office the *premises, description of premises, type of business, financing of the business, qualifications of the applicant, and qualifications of corporate officers and alcohol license agent. 4. For new alcohol license applications and all amendments thereof, the sole proprietor, member, partner, or officer listed on the application or representative who can legally bind the entity must attend both the Alcohol Licensing Advisory Committee meeting and the Common Council meeting in person or telephonically. B. Class A Licenses Exempted From the Separation Requirement 1. It is the intention of the Common Council to encourage diversification of business development in, and to promote the orderly growth of, the City of Janesville, consistent with the health, welfare, peace, safety, and good order of the City and its residents, guests, and businesses. Therefore, the City Council may grant Class A fermented malt beverage and/or intoxicating liquor licenses exempt from the separation requirement otherwise mandated by JGO 6-13(a)but only for grocery stores and supermarkets whose business is other than the sale of petroleum products or pharmaceutical products, provided the total floor area for display and sales of all Class A products therein does not exceed eighty square feet (80 sq. ft.) and only if one of the following criteria will be fully satisfied: (a) Issuance of this license would promote redevelopment of an underutilized commercial property or the establishment of a new CITY OF JANESVILLE Policy No. 66-A Page 5 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office business within the community; or (b) Issuance of this license would expand the trade impact of an existing business not already lawfully selling and dispensing alcohol beverages. 2. It is the Council’s intent to define pharmaceuticals as any medication requiring a prescription from a duly licensed medical professional in the State of Wisconsin. 3. It is the Council’s intent to define petroleum- based products as the sale of gasoline, diesel fuel, or similar type products used in internal combustion engines. C. Applying for a License 1. Applications for a license shall be on forms issued and approved by the City of Janesville. 2. Accurately, honestly, and fully-completed signed applications, together with all required supportive information and documentation, must be returned to and filed with the City Clerk-Treasurer’s Office no later than 4:30 p.m. on the 15th of the month immediately preceding the meeting of the Alcohol License Advisory Committee for consideration at the next committee meeting. Failing to meet this deadline will postpone consideration of such application to the next regularly scheduled committee meeting. 3. The Alcohol License Advisory Committee may review CITY OF JANESVILLE Policy No. 66-A Page 6 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office but shall not act on any application which is submitted without all required supportive information and documentation. D. The following information must be filed with every application for an alcohol license: 1. A detailed floor plan of the premises including any and all indoor and outdoor areas, including but not limited to the location of the bars and counters from which alcoholic beverages are proposed to be dispensed or sold, and their relation to any other activities, the location of any and all areas in which food is to be prepared or served and the location of any and all areas in which entertainment including amusement devices are proposed, and a business plan that conforms to the standards set by the Administration. E. The requirements and standards established herein are in addition to those set forth in Wisconsin Statutes, City of Janesville Ordinances, and other Council Policy Statements. F. No Class A, Class B, or Class C alcohol beverages license granted by the Common Council may be issued by the City Clerk-Treasurer until such time as all City code requirements have been met to the satisfaction of the Building Inspector, Fire Marshall, and the Rock County Health Department. G. The provisions of Section II shall apply to applications for a change in the location of the business, applications connected with the purchase or lease of an existing business, and applications for a new business. CITY OF JANESVILLE Policy No. 66-A Page 7 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office H. The provisions of Section II shall not apply to Temporary Special Event licenses issued pursuant to JGO Section 6- 62. III. Transfer of License A. From Place to Place: The Alcohol License Advisory Committee will not recommend and the Common Council will not approve the transfer of a Class A, Class B, or Class C alcohol beverage license to a different location within a period of two years from the time of the original issuance of the license unless the license holder satisfies the committee and the Common Council that the request for transfer was necessitated by unusual and unforeseen circumstances. The license holder must satisfy the committee and the Common Council that such request for transfer to a new location is not made solely to gain an economic advantage. It is the intention of the Common Council that licenses once issued should not be indiscriminately transferred solely for economic advantage. B. From Person to Person: The Alcohol License Advisory Committee and the Common Council may approve the transfer of a Class A, Class B, and Class C alcohol beverage license from person to person if the licensee dies, becomes disabled, becomes bankrupt, or makes an assignment for the benefit of creditors during the licensing year. If one of these events occurs, the personal representative, the spouse, the trustee or the receiver, as applicable and in accord with state law, may continue, sell, or assign the business. The license may then be transferred to the successor owner or assignee at CITY OF JANESVILLE Policy No. 66-A Page 8 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office no charge for the remainder of the license year if such person complies with and satisfies all of the requirements applicable to original applicants but only if such license transfer is approved by the Common Council. IV. Refunds of License Application Fees A. It is the Common Council’s policy not to refund any alcohol or operator license application fees regardless of the reason(s) or extenuating circumstances underlying the requests. B. The only exception to Paragraph A will be that situation in which for Class A, Class B, or Class C license applications: 1. The license applicant receives a favorable recommendation from the Alcohol License Advisory Committee, and 2. The license applicant has their license application denied by the Common Council. C. It is the Common Council’s policy that at no time, for any reason, will the Council or the City ever refund any fees necessary for the notice publication in the local media. V. Temporary Class B Special Event License A. A temporary Class B Special Event license may be issued to any qualified non-profit organization. The following CITY OF JANESVILLE Policy No. 66-A Page 9 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office criteria define a qualified non-profit organization: 1. Bona fide clubs that have been in existence for at least six months prior to the date of application. 2. State, county, or local fair associations or agricultural societies. 3. Church, lodge, or society that has been in existence for at least six months prior to the date of application. 4. Posts now or hereafter established of ex- serviceperson’s organizations. B. First time applicants for a Temporary Class B Special Event License must appear before the Alcohol License Advisory Committee and the City Council. Subsequent applications can be approved administratively unless there is a significant change to the location or event. C. An event may be held on City property provided the following conditions are met: A. The applicant organization shall provide a benefit to the City of Janesville or its citizens. B. The proceeds from the sale of the alcoholic beverages shall be used for a public purpose or to benefit the City of Janesville or its citizens. The applicant shall provide a written statement with the application explaining how the proceeds will be used. C. The applicant shall comply with all regulations and policies of the City of Janesville Parks Division and shall pay any deposit required for use of public facilities. CITY OF JANESVILLE Policy No. 66-A Page 10 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office VI. Approval and Issuance of Original Operators (Bartenders) Licenses A. Applying for a License 1. Application for operator’s licenses shall be on forms issued and approved by the State of Wisconsin Department of Revenue. 2. Completed and signed applications must be returned to and filed with the City Clerk-Treasurer’s Office. 3. Any and all required fees must be paid in full at the time the application is returned and filed with the City Clerk-Treasurer’s Office. B. The Police Department will conduct a records check of all applicants. C. The Police Chief, or their designee, shall consider the following factors when making a recommendation to approve or deny an operator’s license. 1. A history of alcohol related convictions as long as the most current conviction or arrest is within the last twenty-four months. 2. Any drug related arrests or convictions or pending charges within the last twelve months. 3. Any conviction or pending charges which involve CITY OF JANESVILLE Policy No. 66-A Page 11 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office resisting arrest, battery to a police officer, or obstructing justice. 4. At least two convictions or pending charges in the last twenty-four months for disorderly behavior type offenses if they occurred in conjunction with activity at a licensed alcohol establishment. 5. Any felony conviction unless duly pardoned. 6. Any misleading or falsified application when the misleading or falsified information provided by the applicant pertains to either the identification of the applicant or to any matter occurring within five years prior to the date of application. 7. When hearing an appeal of an operator’s license denial, the ALAC will consider the following: a. Did the incident which led to the license denial occur in a licensed facility. b. Were alcohol or drugs a factor in the incident which led to the license denial. c. The history of the applicant as a licensed operator when applicable. d. It is recognized the committee has and will maintain jurisdiction over license appeals and will use the above factors as guidelines and may also consider other factors as the committee deems relevant, necessary, and appropriate. CITY OF JANESVILLE Policy No. 66-A Page 12 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office VII. License Administration A. General Policy 1. The Common Council expects all alcohol license holders to maintain their establishments in an orderly manner and in compliance with state statutes and city ordinances, and further, that each bartender is also responsible for ensuring that their actions are in compliance with state statutes and city ordinances. a. For the purpose of Section B., the conviction of an operator (bartender) or other employee of a Class A or B license holder while that operator or employee is on duty or otherwise acting on behalf of the licensee at the time of the incident shall constitute and be construed as constituting a conviction against the Class A or B license holder. b. For each incident in which arrests of the licensee, agent, owner(s), operator(s), employee(s), related other(s), or any combination thereof, pertain to the same incident, such multiple arrests and/or convictions pertaining thereto shall, for purposes of this policy, be construed as constituting one conviction. 2. This policy in no manner limits, restricts, or prevents the Alcohol License Advisory Committee from making a recommendation for revocation, CITY OF JANESVILLE Policy No. 66-A Page 13 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office suspension, or non-renewal of any license holder for any health, welfare, safety, peace, tranquility, or related community best interest reason(s) other than those set forth elsewhere in this policy even when no convictions or arrests pertaining thereto have transpired. Such recommendation(s) may also be made upon any first or second incident when the Alcohol License Advisory Committee determines that particular facts and/or circumstances warrant such recommendation. B. Maintenance of Orderly Establishment and Consistent with Health, Welfare, Safety, Peace, Good Order, and Tranquility of Community 1. Whenever an alcohol licensed establishment becomes a nuisance, disorderly, riotous, indecent, or otherwise operated and/or maintained in any manner contrary to the health, welfare, safety, peace, good order, or tranquility of the community, including, but not limited to, as evidenced by repeated incidents, arrests, and/or convictions of any persons thereupon for disorderly or disturbing behavior, fights, assaults, damage to property, and/or other form(s) of anti-social behavior or ordinance violations of any kind, the Chief of Police shall, in writing, inform the owner or agent of such activity(ies) and/or condition(s). If there is no substantial improvement in the operation, management, and/or activity(ies) pertaining to and/or occurring upon the licensed premises within thirty (30) days, the Chief of Police shall bring the matter to the attention of the Alcohol License Advisory Committee. After reviewing and considering such report(s) of the CITY OF JANESVILLE Policy No. 66-A Page 14 of 14 CITY COUNCIL POLICY STATEMENT Date Issued 8/19/91 General Subject: Alcohol Licenses Revised 7/22/02,11/15/05, 3/10/08, 4/29/08,1/13/09, 5/26/15, 1/11/16, 1/25/21 5/10/21 Effective Date 5/11/21 Specific Subject: Alcohol License Advisory Committee, Cancellation Date Approval and Suspension and Supersedes No. 66-A Responsible Clerk-Treasurer’s Dept/Div: Office Chief of Police, the Alcohol License Advisory Committee may order the licensee, alcohol licensed agent, bartender(s), and/or all other involved person(s) to appear at the next meeting of the Alcohol License Advisory Committee for a personal interview and review of the matter. The ALAC may grant up to sixty (60) days for the licensee, alcohol licensed agent, bartender(s), and/or other persons to adequately remedy the matter. In the event that the matter is not adequately remedied to the satisfaction of the Alcohol License Advisory Committee within the time limit provided, the Alcohol License Advisory Committee may recommend the Common Council hold a suspension, revocation, or non-renewal hearing, as applicable.