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2021-820 FILE ORDINANCE NO. 2021-820 An amendment to JGO 26-13 creating a permit and establishing a fee for the possession and consumption of fermented malt beverages and wines at the Cope-Ryan Pavilion in the Town Square on Water Street,when Water Street is closed during private events with penalties for violations thereof as set forth in JGO 6-21 and 26-13. The COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 6-21 E. of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 6-21 Drinking in public prohibited E. Also exempt from the prohibitions of this and related ordinances are for permits granted by the Recreation Director and/or his or her designee in accordance with JGO 26-13 allowing the possession and consumption of fermented malt beverages and wines in the designated areas of Traxler Park, Riverside Park, Palmer Park, the Town Square, and Festival Street (River Street from Milwaukee Street to Court Street) and all abutting public property when Festival Street is rented for a private event. SECTION II. Section 26-13 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Sec. 26-13.- Permits for possession and consumption of beer and wine permitted in certain areas of Traxler Park, Riverside Park, Palmer Park, the Town Square, Festival Street and Water Street. (a) Anything to the contrary elsewhere in this Code notwithstanding, the carry on, possession, and consumption of fermented malt beverages and wines is permitted but only in the approved designed areas of Traxler Park, Riverside Park, Palmer Park, the Town Square, Festival Street, and Water Street and only in strict accord with the provisions of this chapter. (b) Designated areas shall be the warming house and Lions Pavilion in Traxler Park, the north and south pavilions in Riverside Park, the Hilltop Pavilion in Palmer Park, the JP Cullen Pavilion in the Town Square, the Cope-Ryan Pavilion in the Town Square and the park area within ten feet around each of these pavilions, Festival Street(River Street from Milwaukee Street to Court Street), as well as Water Street from (Milwaukee St. to Court St.) and all abutting public property when Festival Street or Water Street is rented for a private event. (c) The possession and consumption of fermented malt beverages and wines shall only be permitted, possessed, and consumed within approved designated areas. (d) Only those persons of lawful drinking age may use the approved designated areas for permitted alcohol purposes. (e) The applicant shall be of lawful drinking age, apply for and pay a per-day fee in an amount as established by the City Council from time to time, and hold the appropriate park beer and wine permit. An applicant shall only be authorized to apply for the appropriate park beer and wine permit if the applicant has paid for and obtained the appropriate public facility reservation permit for the corresponding location and street closure permit per Section 34-175 if applicable. Park beer and wine permits may be granted by the Recreation Director and/or his or her designee. (f) The permit shall authorize and allow the permit holder and all members of the applicant's event, who are of lawful drinking age or otherwise permitted by law to possess and/or consume alcohol, to lawfully transport, carry on, possess, and consume the permitted alcohol in the designated areas. (g) Members of the applicant's event means all persons of lawful drinking age who, in the discretion of the permit holder sponsoring and/or conducting the event, are good faith invitees, guests or participants in the event, which is not an event open to the general public. Also included are underage persons who are good faith invitees, guests, or participants, but only if such underage person's parent or guardian accompanies the underage person and permits the possession or consumption of the permitted alcohol, as those terms are understood in Wisconsin alcohol laws, at the specific event and only in the designated areas. No underage person shall transport any alcohol to or from the designated areas. No underage person shall possess or consume any permitted alcohol without the parent or guardian present in the designated areas at the time of such underage person's consumption or without the express permission of such parent or guardian. (h) The permit holder shall be present during the possession and consumption of fermented malt beverages and wines in any designated areas. Possession and consumption of fermented malt beverages and wines in any designated areas without the permit holder present is prohibited. (i) The permit holder and every member of the permit holder's events shall abide by each and every provision set forth in this chapter and all other applicable ordinances and state laws. (j) In addition to the individual violators, the permit holder shall be vicariously liable and responsible for any and all violations of this chapter, state law, and other City ordinances and may be prosecuted and held subject to the penalties for said violations concurrently, jointly, or severally with the individual violators. (k) No person shall litter, permit littering, leave behind, or permit the leaving behind of any empty, full, or partially full alcohol containers in any part of any designated areas or elsewhere upon any public site or public way after an event, except for trash and refuse placed in City or lessee trash containers or lessee recycling containers placed at or near the designated areas for that purpose. In the event that the City Parks Division personnel or other City officials find litter or containers left behind after an event, the City shall remove the items and charge the full cost of said removal and clean-up to the permit holder. The permit holder shall pay the fee. (I) No person shall carry on, possess, or consume fermented malt beverages and wines in a glass bottle and/or container. (m) Consumption of fermented malt beverages and wines are prohibited after 11:00 p.m., except for the Palmer Park hilltop pavilion, which shall be prohibited after 9:00 p.m. consistent with established park hours. (n) No person may sell any permitted alcohol in any designated areas thereof at any time. This prohibition includes any caterer, food or beverage provider, independent contractor, or other person directly or indirectly retained, contracted, or hired by the permit holder. (o) The park beer and wine permit is not transferable. (p) The City Council hereby expressly and forever reserves unto itself the right, privilege and prerogative to amend, condition, modify, and otherwise limit, at any time, any park beer and wine permit granted or issued by the City to the permit holder after public hearing and public action thereon in open session, the public welfare and good so requiring. (q) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Beer, fermented malt beverages, fermented malt beverage based wine coolers, wine, and alcohol mean those beverages as defined in Wis. Stats. ch. 125, as from time to time amended, and/or as defined and/or interpreted by the Wisconsin Department of Revenue, as from time to time modified. City means the City of Janesville and its lawfully authorized officials, officers, employees, agents and representatives. (Code 1976, § 12.60.120; Ord. No. 2019-747, § II, 2-11-2019 ; Ord. No. 2019-753,§ I, 5-13-2019 ) ADOPTED: May 10, 2021 Motion by: Benson Second by: Miller APPROVED: Councilmember Aye Nay Pass Absent Benson X Jackson X Johnson X Mark A. reitag, City Manager Marklein X Marshick X ATTEST: Miller X Williams X Derrek He Interim City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Prepared by: Sec. 6-21. - Drinking in public prohibited. (a) No person shall drink or carry for the purpose of immediate consumption any alcohol beverage upon the streets, sidewalks, parks, public parking lots, public school property or other public property or upon any private parking lot or any other private areas that are open to public use. (b) Any person carrying any open cup, can, glass, bottle or similar drinking vessel containing alcohol beverages upon the streets, sidewalks, parks, public parking lots, public school property, or other public property, or upon any private parking lot or any other private areas that are open to public use shall be in violation of this section. (c) The City Council may grant exceptions to this section for municipal property, regularly established athletic fields and stadiums, school buildings or churches and sidewalk cafes operated in accordance with Section 12-165 that are lawfully included in the licensed premises description. (d) Also exempt from the prohibitions of this and related ordinances are those abutting streets and sidewalks in B5 and B6 zoning districts closed under Article VI of Chapter 34 (Street Closure Ordinance) or Article XVI of Chapter 34 (Financial Gain on Public Property Ordinance) for civic, community, or neighborhood events, or events licensed under Wis. Stats. § 125.51(10)(b) (wine walks). (1) In order to be exempt from the prohibitions of this and related ordinances, the sponsor of the event must apply by the 15th of the month prior to the event that the consumption of alcohol beverages be permitted during the event. The application for public consumption of alcohol must be accompanied by a non-refundable fee. The fee shall be in an amount as established by the City Council from time to time and set forth in the fee schedule that appears in this Code. (2) No glass bottles or glass containers are permitted on any public street, sidewalk, park, public parking lot, or other public property, or private parking lot exempt under Subsection (d) of this section. (3) During an authorized event, individuals may purchase fermented malt beverages, coolers,wines, and intoxicating liquors from Class B licensed establishments and carry and consume such alcohol beverages upon the closed public streets, sidewalks, and terraces in compliance with Subsection (d)(2) of this section. (4) Event sponsors must provide wristbands that must be worn by all individuals that will possess or consume alcohol during the event. All alcohol beverages must be in a clear plastic cup. (5) No individual may bring fermented malt beverages or intoxicating liquors onto the grounds of a special event covered by Subsection (d) of this section that were not purchased from a Class B licensed establishment. (6) All applications to allow the public consumption of alcohol under Subsection (d) of this section must be reviewed and approved by the Alcohol License Advisory Committee. If the Alcohol License Advisory Committee does not approve an event for exemption the applicant may appeal to the City Council by filing a written appeal with the City Clerk-Treasurer within 30 days. All decisions by the City Council are final. (e) Also exempt from the prohibitions of this and related ordinances are for permits granted by the Recreation Director and/or his or her designee in accordance with Section 26-13 allowing the possession and consumption of fermented malt beverages and wines in the designated areas of Traxler Park, Riverside Park, Palmer Park, the Town Square, Festival Street (River Street from Milwaukee Street to Court Street), Water Street from Milwaukee Street to Court Street, and all abutting public property when Festival Street or Water Street is rented for a private event. (Code 1976, § 5.06.170; Ord. No. 2017-700, § I, 11-13-2017 ; Ord. No. 2019-747, § I, 2-11-2019 ) ADOPTED: May 10, 2021 Motion by: Benson Second by: Miller APPROVED: Councilmember Aye Nay Pass Absent Benson X !'34 ' 1- Jackson X Johnson X Mark A. Freitag, City Manager Marklein X Marshick X ATTEST: Miller X Williams X Derrek Heise, Interim City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Prepared by: