2021-832 Revised File Ordinance No. 2021-832
An Ordinance amending Ordinances 6-13 and 6-17, repealing 6-103 eliminating certain
but not all separation requirements for Class B Alcohol Licensed establishments, and
elimination of the Pharmacist's License, with penalties and other relief for violations
thereof as set forth in JGO Section 6-104.
THE COMMON COUNCIL OF THE CITY OF JANESVLLE DO ORDAIN AS FOLLOWS:
Section I. The caption heading for Section 6-13 of the Code of General Ordinances of the City
of Janesville is hereby amended to read as follows:
Sec. 6-13. Access requirements; licensed premises separate from retail stores; no other
business on licensed premises; exceptions.
Section II. Section 6-13 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
(a) No Class A or Class B license may be granted, issued, or lawfully held unless there is
access to the licensed premises directly from the parking lot, street or sidewalk or from
public hallways or stairways of any public building or area open to the public. No access to
the licensed premises may be permitted through the premises of any other business,
whether owned by the licensee or a different individual. If the licensed premises is are
located in a complex of retail stores, the Class A and/or Class B alcohol licensed premises
shall be separated from the other retail areas by solid walls of rigid construction. No
openings are allowed in such walls.
(1) This restriction shall not apply to hotels and motels having more than 30 rooms which
are equipped and in use for rental to guests as sleeping quarters nor to bowling alleys.
(2) Also exempt are combination grocery stores/restaurants where the premises is
operated primarily as a grocery store, meaning that 65% or greater of sales are
classified as grocery and alcohol for off-premises consumption. but only the
restaurant-RaFtio4rfay--holel--a44--a4Gebel--lisense-an4-theh-e-hly-a--Class-6--beer-on-ly
and/or Cla:s C wine only license. The grocery store/activities must be separate from
the restaurant/alsehet licensed portion through arrangement of seating. furniture or
partitions which define the space. The ingress/egress to the restaurant area space at
all times shall be signed "no alcohol beyond this point" and must be monitored by the
operator. -the--twe
uses so as to permit the use of a :i . All on site
alcohol sales and for on-site consumption shall only occur on the licensed restaurant
premises. St sur only upon a lisensed••port+
ordinances to the contrary. No sales shall occur for off-premise consumption except
for that portion of the alcohol licensed premises operated as a separate alcohol
licensed sales establishment.
(3) Also exempt are grocery stores and supermarkets that hold a Class A license and
whose principal business is other than the sale of petroleum based products or
pharmaceutical products, provided that the total floor area for display and sales of all
Class A products for sale in the establishment does not exceed 80 square feet, is
contiguous and confined to said area, and with the ability to be physically and
effectively separate and lock that portion of the premises so as to render it
inaccessible to customers and other non-privileged persons during non-sale hours, as
those are defined in Sections 6-53 and 6-54.
(b) No other business may be conducted on the licensed premises. This restriction shall not
apply to:
(1) Food service on Class B premises;
(2) Selling wrapped food. pursuant to a City food license on Class A licensed premises
(3) A bowling alley, movie theater, pool hall, dart lanes for hand thrown darts, golf
simulators, axe throwing lanes, video arcades, or enclosed archery lanes;
(4) Hotels and motels having more than 30 rooms which are equipped and in use for
rental to guests as sleeping quarters;
(5) Combination grocery store/restaurants that hold a Class B beer only and/or Class C
wine-only—alcohol license--#--tlhe--restaurant-po+t+ot -but—or lyy=t-he restaurant portion
may hold an alcohol license. The grocery store/activities must be separate from the
restaurant/alcohol alcohol licensed portion as outlined in Section 6-13(a)(2) and sales
for off site consumption shall occur in a separately defined space similar to a Class A
premises as required by Section 6-13(a).
All alcohol sales and consumption shall only occur on the- licensed restaurant
premises. No sales shall occur for off-premises consumption, notwithstanding
(6) Retail establishments that have as their principal business the sale of materials,
supplies, and ingredients directly related to home-brewing of fermented malt
beverages and winemaking that hold a Class A license;
(7) Grocery stores and supermarkets that hold a Class A license and whose principal
business is other than the sale of petroleum based products or pharmaceutical
products, provided that the total floor area for display and sales of all Class A products
for sale in the establishment does not exceed 80 square feet, is contiguous and
confined to said area, and with the ability to be physically and effectively separate and
lock that portion of the premises so as to render it inaccessible to customers and other
non-privileged persons during non-sale hours, as those are defined in Sections 6-53
and 6-54.
(c) Temporary special event fermented malt beverage licensees are exempt from the
requirements of this section.
Section III. Section 6-17 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
Sec. 6-17. Presence on licensed premises prohibited during closing hours.
(a) No person may permit anyone except the license holder, agent, or employees on duty to
remain on the premises of any Class A or Class B licensed establishment during the
closing hours required by ordinance.
(b) No person except the license holder, agent, or employees on duty may remain on the
premises of any Class A or Class B licensed establishment during the closing hours
required by ordinance.
(c) Grocery stores/restaurants meeting the requirements of Section 6-13(a)(2) shall be exempt
from the requirement of Section 6-17(b), except for the areas specifically designated for
alcohol sales and display.
Section IV. Section 6-58(1) of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
Sec. 6-58. - Class B licenses; issuance based on population; exceptions; effect of
annexation on renewal.
The City may issue Class B licenses for the sake sale of fermented malt beverages from
premises within the municipality.
(1) Class B license authorizes retail sales of fermented malt beverages and intoxicating
liquor to be consumed either on the premises where sold or off the premises.
Section V. Section 6-103 of the Code of General Ordinances of the City of Janesville is hereby
repealed in its entirety.
Sec. 6 103. Pharmacist's license
lees than four liters for medicinal, mechanical or scientific purposes only. No liquor may be
consumed on the premises where the sale occurs.
ADOPTED: -- Motion by: Benson
December 13, 2021 Second by: Marshick
Councilmember Aye Nay Pass Absent
APPROVED: Benson X
/ Jackson X
iG._ Johnson X
Mark . F eitag, City Manager Marklein X
Marshick X
ATTEST: /� Miller X
��4������ /j- �-[.
r tt Williams X i
Lorena Rae Stottler, City Clerk-Treasurer
APPROVED AS TO FORM:
/
Wald Klimczyk, City Attorney
Proposed by: Economic Development Office
Prepared by: Economic Development Office/City
Attorney