ORD20071263 Revision Operators Lic
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 Municipal Clerk 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 Municipal Clerk City Clerk-Treasurer.
Operator's license applications shall be on a form prescribed by the
Municipal Clerk City Clerk-Treasurer containing all information deemed
necessary, including but not limited to name, residence, age. , plus a
written request of the holder of the alcohol beverage license.
(5) INVESTIGATION.
Upon receipt of a license application under the provisions of this Ordinance, the
Municipal Clerk 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) Operator’s Licenses. The Police Department shall conduct an
investigation of all applicants, both new and renewal , to determine the
suitability and character of the applicant.
(c) Reports. Upon completion of all investigations, written reports shall be
submitted to the Municipal Clerk. In the case of renewals of Operator’s
Licenses only, the Clerk may, if the written report is favorable, proceed to
issue the license. If the report is in any way unfavorable, or in the case of
new Operator’s Licenses and all other licenses, new or renewal, the Clerk
shall forward the written report and application to the Governing Body for
action.
(d) (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) Operator’s Licenses. Suspension or revocation of operator’s licenses
granted pursuant to this ordinance shall be governed as follows:
1. Any committee as established by the Governing Body may revoke or
suspend an operator’s license following hearing held by the
Committee. Notice shall be mailed to the licensee not less than eight
(8) days prior to the hearing or upon personal service of notice not
less than (2) days prior to the hearing.
2. Appeal from the decision of the Committee may be made by the
licensee upon filing a petition for review by the full Governing Body by
presenting the petition and paying a fee of $100.00 to the Municipal
Clerk. The Governing Body shall schedule a hearing not more than
(30) days from the date the appeal is filed.
(d) (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.
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
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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. 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.
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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 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
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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.
(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.
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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
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