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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-40. Issuance or denial of operator's licenses.

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

(1) 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.

(2)

  1. If the application is denied by the council, the city clerk shall give the applicant written notice of the denial, the reasons therefor, and of the opportunity to request a 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.

(3) 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).

(4)   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.

(a) No violation may be considered for purposes of this section unless the applicant committed another violation within one year preceding the violation. However, if the applicant committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered for purposes of determining whether the applicant has been a habitual law offender.

(Code 1982, 12.03(24); Ord. No. 1171, 1, 2-9-2010; Ord. No. 1185, 1 - 15, 12-21-2010)