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2023-876 FILE ORDINANCE No. 2023-0876 An Ordinance amending Section 6-6(d) pertaining to the time extensions for issuing alcohol licenses and amending the fee therefore, with penalties and other relief for violations as set forth in JGO 6-104. Whereas, the City of Janesville Code of General Ordinances currently allows for those applicants granted an alcohol beverage license two hundred forty (240) days from the date of the Common Council's grant within which to open their business and hold the issued alcohol license; and Whereas, before the two hundred forty (240) days expires, licensees currently may apply for up to three (3) extensions of time at ninety (90) days each, and pay fees to the City to be granted each such extension; and Whereas, the three (3) extensions require significant staff time and effort to track in both the Clerk- Treasurer's Office and the Planning Division, for a total period to activate an alcohol beverage license of up to five hundred ten (510) days to have the license issued by the City Clerk-Treasurer: and Whereas, staff is recommending changing the procedure so that only one (1) extension of six (6) months is allowed, upon the payment of a $500 fee in order to reduce the number of times the granted licensee must reappear before the Alcohol License Advisory Committee (ALAC), reduce the staff time and efforts elements, and encourage those who are granted an alcohol beverage license by the Common Council to follow a clear and reasonable timeline to opening their establishment and holding the issued alcohol beverage license; and Whereas, staff recommends the following changes to accommodate the above: THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 6-6(d) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Section 6-6(d) Each applicant who has been granted an original license to sell alcohol by the City Council shall have an initial period of 240 days to open their establishment and hold a City issued alcohol beverage license. After the initial 240-day period, the licensee may request only one extension within which to satisfy all conditions precedent and/or subsequent established by statute, ordinance, policy statement, and/or special condition imposed by the alcohol license advisory committee and/or City Council for issuance of the license. The extension request shall be in writing accompanied by a non-refundable extension request fee which will 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. The fee shall be payable to and filed with the City Clerk-Treasurer. No extension request shall be considered or acted upon without a filed written application, payment of the extension fee, and payment in full of all alcohol fee. Granting an extension is completely discretionary, is a privilege, is not a right, and may be granted if good cause and reasonable necessity are found by the alcohol license advisory committee, in which body the authority to review and grant such extension shall be vested. This one time extension may be granted for a period of time not to exceed six months from the time approved, the exact duration subject to the discretion of the alcohol license advisory committee. The one extension may be requested and granted if the applicant follows the procedure set forth herein and timely applies and pays the fee for consideration no later than the 15th day of the month preceding the expiration of the initial 240 days from the grant of the alcohol beverage license. In the event that an applicant fails to comply with any provision of this chapter, or the extension expires without the issuance of a granted license or without a timely applied for and approved subsequent extension, such granted license shall be void and rendered of no further force or effect, without the necessity of any further action, review, or notice by the City Council. Any applicant whose granted license has been voided under the provisions of this subsection may not rely upon any previously submitted application for the same premises but shall reapply de novo and follow the procedure required for a new license application." Now therefore be it resolved that the City Council, acting as the governing body hereby amend and adopt this section 6-6(d) that establishes one extension period of not more than six months following the 240 day initial requirement time period within which to open the establishment and hold an issued City alcohol beverage license, and then only upon the extension requester's prior payment to the City Clerk-Treasurer's office of the $500 extension fee; and Be it further resolved that this this Ordinance shall take effect upon publication and does not apply to currently granted but not yet issued City alcohol beverage licenses. ADOPTED: September 25, 2023 Motion by: Williams Second by: Marshick APPROVED: Councilmember Aye Nay Pass Absent Benson X ABurdick X Jackson X Kevin M. Lahner, City Manager Marshick X Miller X ATTEST: Neeno X 4(k Williams X Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer