Advisory committee recommends Santa Maria Supermarket liquor license despite density concerns

The Janesville Alcohol License Advisory Committee on Monday recommended approval of an original class A intoxicating liquor and fermented malt beverage license for SMG LLC, doing business as Santa Maria Supermarket at 1820 Center Avenue, by a 4-2 vote after public comment and discussion about dense alcohol retailing in the area.

Committee members and staff said the application shows the liquor sales area will be a standalone space with a separate exterior entrance and no interior access to the grocery store. City staff told the committee the submitted floor plan did not show a separate storage room and that any additional storage outside the rigid-walled liquor area would require an amended floor plan and further approval.

The committee’s consideration followed public comment raising business and neighborhood concerns. A local business owner identified himself as the operator of J Town Spirits and said adding another off-premise seller in an already dense area would “be very detrimental to his business.” The committee debated whether density of outlets is a city planning issue that would require an ordinance to change licensing limits.

City staff read state restrictions that apply to school, church and hospital proximity: "No class A or class B license or permit may be issued for premises, the main entrance of which is less than 300 feet from the main entrance of a public or parochial school, tribal school as defined in statute, hospital, or church," and noted the city has no ordinance limiting licenses based on proximity to other alcohol sellers. The committee clarified it may consider density as a factor in recommendations but cannot create a new statutory restriction during the hearing.

Members also discussed the applicant’s floor plan and the need to identify where alcohol inventory would be stored; staff said if the applicant later assigns storage to another vacant unit, the applicant would need to return to amend the licensed floor plan so council can act on the committee’s recommendation.

Motion and vote: Committee member Matthew Sikich moved to approve the application; George Bruner seconded the motion. The motion passed 4 yes to 2 no, with Chairperson Heather Miller and committee member Bumpus recorded as voting no. The committee’s recommendation will be forwarded to the City Council; staff said the item typically appears on consent at the next council meeting unless a councilor removes it for discussion.

The city clerk advised the applicant that license authorization covers storage, sale and other uses listed on the licensed floor plan, and that any change in where alcohol is stored or sold will require a return to amend the license and floor plan before the council.

The committee opened and closed the required public hearing during the meeting and recorded the recommendation for the council’s consideration.