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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