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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-36. Operator's license required.

An operator's license is required as follows:  

(1) Operator's licenses. Except as provided in Wisconsin Statutes or specifically set forth in this article, no premises operated under a retail liquor "class A," "class B," or "class C" license or permit may be open for business unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a business entity, or some person who has an operator's license and who is responsible for the acts of all persons serving any alcoholic beverages to customers. For the purpose of this article, any member of the licensee's or permittee's immediate family who has attained the age of 18 and resides in the same household as the licensee shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittees immediate family, other than the licensee, permittee or agent, may serve alcoholic beverages in any place operated under a retail liquor license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.

(2) Use by another prohibited.

(a) No person may allow another to use his or her operator's license or permit to sell alcoholic beverages.

(b) The license or permit of a person who violates subsection (2)(a) of this section shall be revoked.

(3) The procedure upon application for an operator's license shall be as follows:

(a) The council may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the City clerk and only to a person 18 years of age or older. Operator's licenses shall be operative only within the limits of the city.

(b) All full-term operator's license renewals must be applied for by May 1 of the year the license expires to allow sufficient time for conducting property background checks prior to the May meeting of the committee. The fee required by this article must accompany the application.

(c) All applications are subject to an investigation by the chief of police and/or other appropriate authority to determine whether the applicant to be licensed complies with all regulations, ordinances and laws applicable thereto. The police department shall conduct an investigation of the applicant including, but not limited to, requesting information from the state, surrounding municipalities, and any community where the applicant has previously resided concerning the applicant's arrest and conviction record. Based upon such investigation, the chief of police or his designee shall provide a written recommendation for approval or denial of the application.

(4) Standard operator's licenses issued under the provisions of this chapter shall be valid for a period of not more than two calendar years and shall expire on June 30 of each calendar year ending with an odd number. This provision shall also apply to all partial term licenses issued under the provisions of this chapter which partial term licenses shall also expire on June 30 of each calendar year ending with an odd number.

(5) The fee for an operator's license and criteria for issuance of provisional licenses are as follows:

(a) Fee. The fee for an operator's license shall be as follows:

(1) The fee for a standard operator's license shall be $20.00 for the two-year term plus a nonrefundable investigation fee which shall be set by the City Clerk at the time of the application and limited to the actual cost incurred by the City for the applicant's background investigation.

(2) Partial year licenses may be issued under this article with the license fee prorated according to the following schedule:

i. Licenses granted for a period of time of less than two years but greater than one year shall be $20.00, plus the nonrefundable investigation fee.

ii. License granted for a period of time of one year or less, including the transition year from current procedure, shall be $15.00, plus the nonrefundable investigation fee.

iii. The nonrefundable investigation fee shall be set by the City Clerk at the time of the application and shall be limited to the actual cost to the City for the background investigation.

(b) Provisional license. The city clerk may issue provisional operator's licenses to persons applying for an operator's license in accordance with § 125.17(5) Wis. Stats. The fee for such license shall be $15.00. The provisional operator's licenses shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The city clerk may, upon receipt of an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved program as described in this section. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his successful completion of the approved program. Provisional licenses may not be issued to any persons who have been denied operator's licenses by the council or who have had their operator's licenses revoked or suspended within the preceding 12 months. The city shall provide an appropriate application form to be completed in full by the applicant. The city clerk may revoke a provisional license issued if he discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be presented to the committee, for referral to the council. If approved by the council, the regular operator's license shall be issued as provided above.

(c) Refund of fee. If a license is denied, the license fee shall be refunded. Upon issuance of the license, all fees become nonrefundable, regardless of subsequent use, surrender or termination.

(6) An operator's license shall be issued or denied in accordance with the following:

(a) After the council approves the granting of an operator's license, the city clerk shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and date of the expiration of such licenses.

(b)

1. If the application is denied by the council, the city clerk shall give the applicant written notice of the denial, the reasons therefore, and of the opportunity to request reconsideration of the application by the committee in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least ten days prior to the council's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.

2. If, upon reconsideration, the council again denies the application, the city clerk shall notify the applicant in writing of the reasons therefore and informing the applicant of the right to apply for judicial review in accordance with Section 125.12(2)(d), Wis. Stats.

(c) Consideration for the granting or denial of a license will be based on:

1. Arrest and conviction record of the applicant, subject to the limitation imposed by §§ 111.321, 111.322, 111.335 Wis. Stats.;

2. Whether the licensee has been convicted of or committed offenses substantially related to the licensed activity, pursuant to section 9-34(15).

(d) An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the bar immediately preceding the license application or activities or violations which would result in 50 demerit points under the provisions of section 9-34(3). Because a license is a privilege, the issuance of which is a right granted solely by the council, the council reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license.

(7) A training course shall be taken by the applicant for an operator's license in accordance with the following:

(a) Except as provided in subsection (2) of this section, the council shall not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the state department of revenue or the educational approval board, or unless the applicant fulfills one of the following requirements:

1. The person is renewing an operator's license.

2. Within the past two years, the person held a class "A," class "B," or "class C" license or permit or a manager's or operator's license with the State of Wisconsin.

3. Within the past two years, the person has completed such a training course.

(b) The council may issue a provisional operator's license to a person who is enrolled in a training course under subsection (1) of this section and shall revoke that license if the applicant fails to complete the course in which he or she enrolls.

(c) The council may not require that applicants for operator's licenses undergo training in addition to that under subsection (1) of this section, but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under subsection (1) of this section.

(8) Each operator's license issued under the provisions of this chapter shall be posted on the premises or be in the operator's possession whenever the operator dispenses beverages.

(9) Violation of any of the terms or provisions of the state law or of this article by any person holding such operator's license shall be cause for revocation, suspension or nonrenewal of the license, pursuant to section 9-34(a).

(10) An Operator's license shall be subject to the provisions of Section 9-34, except that revocation as a matter of course shall be based upon the accrual of 50 demerit points during two license periods.

 

 

 

(Code 1982, 12.03(20); Ord. No. 1185, 1 - 15, 12-21-2010)