ORD20071263 Revision Operators Lic-clean
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1263
AN ORDINANCE TO AMEND CHAPTER 12, SECTIONS 12.01(3), 12.01(5),
12.01(10), AND REPEAL AND RECREATE SECTION 12.01(6), AND CREATE
SECTIONS 12.01(6.3), 12.01(6.5), AND 12.01(6.7)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Licensing Sales of Alcoholic Beverages)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 12, Sections 12.01(3)(a), 12.01(5), and 12.01(10) are hereby
amended to read as follows:
(3) APPLICATIONS.
A written application for any license or permit by the provisions of this Ordinance shall be
on the form(s) provided by the City Clerk-Treasurer.
(a) Content. All applications other than operator's licenses shall contain all the
information required under Section 125.04(3), WIS. STATS., and any other
information required by the City Clerk-Treasurer Operator's license
applications shall be on a form prescribed by the City Clerk-Treasurer
containing all information deemed necessary, including but not limited to
name, residence, age.
(5) INVESTIGATION.
Upon receipt of a license application under the provisions of this Ordinance, the City Clerk-
Treasurer shall forward a copy of the application to the appropriate persons to conduct an
investigation of the applicant(s) as set forth below.
(b) Review. The Governing Body may refer any and all licenses to the
appropriate committee for review and recommendation prior to action by the
Governing Body.
(10) REVOCATION AND SUSPENSION OF LICENSES.
(c) Automatic Revocation. Any license or permit issued under this ordinance
may be revoked without further proceedings upon the conviction of the
licensee, agent, employee or representative thereof, pursuant to Section
125.11, WIS. STATS. (Ord. #1263 – 09/20/2007)
SECTION 2: Chapter 12, Sections 12.01(6) is hereby repealed and recreated, to read as
follows:
(6) REGULAR OPERATOR'S LICENSE.
(a) Authority to Issue Regular Operator’s Licenses.
1. Regular operator's licenses may be granted by the Common Council
to individuals upon recommendation from the Finance Committee for
the purposes of complying with Section 125.32(2) and 125.68(2),
WIS STATS., and this Chapter.
(b) Qualifications.
1. Any individual applying for an operator’s license must meet the
following qualifications:
a. The individual must be eighteen (18) years of age by the time
of issuance.
b. The individual must have successfully completed a
responsible beverage server training course approved by the
Wisconsin Department of Revenue. Individuals are
exempted from the training course requirements if they are
renewing an existing operator’s license, have successfully
completed the responsible beverage server training course
within the last two years, or have held a retail license,
manager’s or operator’s license anywhere in Wisconsin
within the last two years. Section 125.17(6), WIS. STATS.
c. Complete an application provided by the City Clerk-Treasurer
and payment of the proper fee.
d. Subject to requirements of Wisconsin Fair Employment Law,
Chapter 111 (more specifically, §111.321, §111.322,
§111.335), Wisconsin Statutes and also Wisconsin Statutes
§125.04(5).
(c) Investigation.
1. The Chief of Police or his/her designee shall conduct a records
search of all applicants, new or renewal. The Finance Committee
shall not formulate any recommendation until the records search is
completed and returned to the City Clerk-Treasurer.
2. The Chief of Police or his/her designee shall furnish a written report
of the information derived from the records search including a
statement as to the following:
a. Conviction of a felony within the last five (5) years which
substantially relates to the alcohol beverage licensing
activity.
b. Conviction of any combination of two (2) or more
forfeiture/ordinance/misdemeanor violations of the
following, within the last twenty-four (24) months:
1. Any violation related to alcohol;
2
2. Controlled substances;
3. Resisting arrest/battery to a police
officer/obstructing justice;
4. Disorderly conduct if in conjunction with activity at a
licensed alcohol establishment.
c. Any other conviction which the Chief of Police or
his/her designee deems relevant.
3. Any incomplete, misleading or falsified statement in an
application if the incomplete, misleading or falsified statement
pertains to either the identification of the applicant or to any
matter occurring within five years prior to the date of
application may be grounds for denial.
(d) Granting of Regular Operator’s Licenses.
1. The City Clerk-Treasurer will submit a list of regular operator’s
licenses for consideration at each regular Finance Committee
meeting for recommendation to the Common Council.
2. If the investigation report includes any matters listed in the preceding
section or if the City Clerk-Treasurer deems an appearance by the
applicant before the Finance Committee is warranted, the applicant
shall be notified in writing that he/she has the right to appear in
person before the Finance Committee or respond in writing to the
Finance Committee when the Finance Committee considers the
application. The notification shall include the date and time of the
Finance Committee meeting when the application will be considered.
The Finance Committee shall, after meeting with the applicant or
reviewing the written response from the applicant, make a
recommendation to the Common Council. A recommendation to
deny a regular operator’s license shall include a statement as to the
reason(s) for the denial.
3. The Finance Committee will decide if a three (3), six (6), nine (9),
and/or 12 month review is warranted for applicants in violation of
Section (c) 2 and 3.
(e) Revocation or suspension of license.
1. Revocation or suspension of regular operator's licenses granted
pursuant to this ordinance shall be governed as follows:
a. The Finance Committee may recommend revocation or
suspension of any existing regular operator's license to the
Common Council following the procedure as set forth in
Section 125.12, WIS. STATS.
b. Automatic Revocation. Any regular operator’s license issued
under this ordinance may be revoked without further
3
proceedings upon the conviction of the license holder,
pursuant to Section 125.11, WIS. STATS.
SECTION 3: Chapter 12, Sections 12.01(6.3), (6.5), and (6.7) are hereby created to read
as follows:
(6.3) PROVISIONAL OPERATOR’S LICENSE.
(a) Authority to Issue Provisional Operator’s Licenses. Pursuant to Section
125.17(5) WIS. STATS., the City Clerk-Treasurer shall have the authority to
issue provisional operator’s licenses to individuals who have applied for a
regular operator’s license.
(b) Issuance of Provisional Operator’s Licenses. All requirements pertaining to
issuance and eligibility for a regular operator’s license shall apply to a
provisional operator’s license. However, such provisional license shall be
used for the purpose of allowing such applicant the privilege of being
licensed as an operator pending his/her successful completion of a
responsible beverage server training course.
(c) Qualifications.
1. No provisional license shall be issued to any individual who:
a. Has been denied an operator’s license by the Common
Council.
b. Has had his/her operator’s license revoked or suspended
within the preceding 12 months.
(d) Revocation.
1. The City Clerk-Treasurer may revoke a provisional license if it is
discovered that the holder of the license made a false statement on
his/her application. Notice to the holder of the license shall be
mailed and a copy supplied to the police department.
(6.5) TEMPORARY OPERATOR’S LICENSES
(a) Authority to Issue Temporary Operator's Licenses. Temporary operator's
licenses may be granted to individuals by the Common Council pursuant to
Section 125.17(4), WIS. STATS., upon recommendation by the Finance
Committee for the purpose of allowing said individuals to dispense and
serve alcohol beverages under a license issued under Section 125.26(6) or
Section 125.51(10), WIS. STATS. No person may hold more than one
license of this kind per year.
(b) Granting of Temporary Operator’s Licenses. All requirements pertaining to
qualifications, investigation and granting of a regular operator’s license shall
apply to a temporary operator’s license.
4
(6.7) TERMS AND FEES FOR REGULAR, PROVISIONAL, TEMPORARY
OPERATOR’S LICENSES.
(a) The fee for regular, provisional, and temporary operator’s licenses shall be
set by a resolution approved by the Common Council.
(b) Regular operator’s licenses issued under this section shall expire biennially
on June 30 of each year.
(c) Provisional operator’s licenses issued under this section shall expire sixty
(60) days after its issuance or when a regular operator’s license is issued to
the holder, whichever is earlier. Provisional operator’s licenses shall not be
renewed.
(d) Temporary operator’s licenses issued under this section shall be valid for
any period from one day to 14 days.
SECTION 4: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance is in full force and effect from and after passage and
publication as provided by law.
PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER , 2007.
CITY OF MUSKEGO
__________________________________
John R. Johnson, Mayor
First Reading: 08/28/07
ATTEST:
th
__________________________ Published this 20day of September, 2007
Clerk-Treasurer
5