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HomeMy WebLinkAbout01-26.docJANUARY 9, 2001 01-26 RESOLUTION (CARRIED LOST LAID OVER 7-0 WITHDRAWN PURPOSE: APPROVE POLICIES FOR ALCOHOL LICENSE HEARINGS INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council for the City of Oshkosh that the attached Policies on Intoxicating Liquor and/or Fermented Malt Beverage License Hearings and on Bartender/Operator License Hearings are hereby approved. BE IT FURTHER RESOLVED that these policies shall be in full force and effect immediately after passage of this resolution. POLICY ON INTOXICATING LIQUOR AND/OR FERMENTED MALT BEVERAGE LICENSE HEARINGS CITY OF OSHKOSH, WISCONSIN The purpose of this policy is to establish guidelines relating to license revocations, suspensions, or refusals to renew for those holders of intoxicating liquor and/or fermented malt beverage licenses, including Class "A", "Class A", Class "B", "Class B" and "Class C" licenses under the provisions of Chapter 125 of the Wisconsin Statutes and Chapter 4 of the Oshkosh Municipal Code. Special Class "B" permits are issued for limited term events, and violations related to such licenses will be reviewed under the provisions of ~125.12(3m) Refusals by Local Authorities to Issue Licenses. The system of points established within this policy is intended to be an administrative tool to identify and work with habitually troublesome license holders who have serious or repeated violations of the state statutes or municipal ordinances dealing with alcohol beverages or which would affect the persons ability to hold a license. This policy is not intended to restrict the Oshkosh Common Council from exercising its authority to conduct a hearing upon filing of a sworn written complaint for any violation of the laws of the State of Wisconsin or the ordinances of the City of Oshkosh which they deem appropriate or other specified grounds as provided in the Wisconsin Statutes. This policy shall not alter the statutory requirement that a summons for hearing shall be issued to a license holder when any resident of the City of Oshkosh files a sworn written complaint with the City Clerk and alleges that the license holder violated provisions of Chapter 125 Wis. Stats. or Chapter 4 of the Oshkosh Municipal Code. Subject to the rights reserved above, license holders shall be assessed one (1) point for conviction of the following: Operating w/o License Failure to Notify of Changes regarding information on licenses issued by the City of Oshkosh Posting of License Required Defacing or Destroying License Failure to have Health Permit or Restaurant License Operator's/Bartender's License Required Violation of regulation of Beergardens Furnishing intoxicants to an Intoxicated Person Furnishing intoxicants to an Underage Person Allowing Loitering by an Underage Person Closing Hours Violations No Carry Out After Hours Violation of Regulations for Non-alcohol Events Any other violation substantially related to the licensed activity In accordance with the provisions of the Oshkosh Municipal Code, violations by a duly authorized agent or employee of the licensee or permit holder shall constitute a violation by the licensee or permit-holder. Points shall be assessed when a license holder, permit holder or duly authorized agent or employee of the licensee or permit holder is convicted of an offense. Points will be determined on a per incident basis, subject to the rights to conduct a hearing as set forth in the second paragraph of this policy. The Oshkosh Police Department shall notify a license holder when points are assessed. Within five (5) business days from the date of the notice, the license holder may request an administrative hearing with the Oshkosh Police Department specifying the alleged error in the assessment. The Chief of Police or his/her designee shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. The hearing examiner shall conduct the hearing in an informal manner. The arresting officer need not appear at the administrative hearing unless subpoenaed under ~805.07 of the Wisconsin Statutes. A copy of the Officer's report shall be submitted together with a copy of the judgment or other documentation of the findings of the circuit court. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross-examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. No testimony given by any witness may be used in any subsequent action or proceeding. The Chief of Police or his/her designee shall act as the decision-maker. A written determination shall be made affirming or rescinding the assessment. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision-maker. The written decision shall specify the reasons for the decision made. There shall be no appeal from this decision; however, the license holder shall not be barred from challenging this assessment in a future hearing before the Common Council. If a license holder accumulates three (3) points under the provisions of this policy, the Police Chief or his/her designee shall request a meeting with the license holder for the purpose of preparing a plan to avoid future violations. If a license holder accumulates five (5) points under the provisions of this policy, the license holder shall be summoned before the Council for a hearing on the incidents and the Council will determine the appropriate penalty therefore, in accordance with section 125.12 Wis. Stats. Should the license holder who has accumulated points under this policy not be convicted of a violation for eighteen (18) months from the date of the last conviction, all of the points shall be eliminated. POLICY ON BARTENDER/OPERATOR LICENSE HEARINGS CITY OF OSHKOSH, WISCONSIN The purpose of this policy is to establish guidelines relating to bartender/operator license revocations, suspensions, or refusals to renew under the provisions of Chapter 125 of the Wisconsin Statutes and Chapter 4 of the Oshkosh Municipal Code. The system of points established within this policy is intended to be an administrative tool to identify and work with habitually troublesome license holders who have serious or repeated violations of the state statutes or municipal ordinances dealing with alcohol beverages or which would affect the persons ability to hold a license. This policy is not intended to restrict the Oshkosh Common Council from exercising its authority to conduct a hearing upon filing of a sworn written complaint for any violation of the laws of the State of Wisconsin or the ordinances of the City of Oshkosh which they deem appropriate or other specified grounds as provided in the Wisconsin Statutes. This policy shall not alter the statutory requirement that a summons for hearing shall be issued to a license holder when any resident of the City of Oshkosh files a sworn written complaint with the City Clerk and alleges that the license holder violated provisions of Chapter 125 Wis. Stats. or Chapter 4 of the Oshkosh Municipal Code. Subject to the rights reserved above, license holders shall be assessed one (1) point for conviction of the following: Operator's/Bartender's License Required Failure to carry current bartender/operator license Furnishing intoxicants to an Intoxicated Person Furnishing intoxicants to an Underage Person Allowing Loitering by an Underage Person Closing Hours Violations No Carry Out After Hours Violation of Regulations for Non-alcohol Events Any other violation substantially related to the licensed activity Points shall be assessed when a license holder is convicted of an offense. Points will be determined on a per incident basis, subject to the rights to conduct a hearing as set forth in the second paragraph of this policy. If a license holder accumulates two (2) points under the provisions of this policy, the Police Chief or his/her designee shall request a meeting with the license holder for the purpose of preparing a plan to avoid future violations. At this meeting, the license holder may request an administrative hearing with the Oshkosh Police Department specifying any alleged error in the assessment. The Chief of Police or his/her designee shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. The hearing examiner shall conduct the hearing in an informal manner. The arresting officer(s) need not appear at the administrative hearing unless subpoenaed under ~805.07 of the Wisconsin Statutes. A copy of the Officer's report(s) shall be submitted together with a copy of the judgments or other documentation of the findings of the circuit court. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. No testimony given by any witness may be used in any subsequent action or proceeding. The Chief of Police or his/her designee shall act as the decision-maker. A written determination shall be made affirming or rescinding the assessment. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision-maker. The written decision shall specify the reasons for the decision made. There shall be no appeal from this decision; however, the license holder shall not be barred from challenging this assessment in a future hearing before the Common Council. If a license holder accumulates three (3) points under the provisions of this policy, the license holder shall be summoned before the Council for a hearing on the incidents and the Council will determine the appropriate penalty therefore, in accordance with section 125.12 Wis. Stats. Should the license holder who has accumulated points under this policy not be convicted of a violation for eighteen (18) months from the date of the last conviction, all of the points shall be eliminated.