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Home My WebLink About33883 / 86-35April 17, 1986 � 7 Ordinance First Reading (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: ESTABLISH MANDATORY ALCOHOL AWARENESS TRAINING PROGRAM INITIATED BY: COUNCIL MEMBER PROPP A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTIONS �-73� 4-14 AND 4-16 AND AMENDING SECTION �-37(C)(1) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO A MANDATORY ALCOHOL AWARENESS TRAINING PROGRAM FOR OPERATOR LICENSES AND TO PROVIDE FOR TEMPORARY AND PROVISIONAL OPERATOR LICENSES. The Common Council of the City of Oshkosh do ordain as folloxs: Section 1. That Sections 4-13, 4-14 and 4-16 of the Oshkosh Municipal Code are hereby repealed and reereated as follows: SECTION 4-13 APPLICATION FOR OPERATOR'S LICENSE A written application shall be filed with the City Clerk by the person requesting said license, setting forth the name, residence, age and sex of the applicant, together with such pertinent information as to character and fitness as the City Clerk may require. At sueh time, the applicant shall pay the prescribed fee to the City Treasurer. All applications shall be approved by the Chief of Police or his designee before issuance of the license. Applications shall be valid for a period of thirty (30) days. SECTION 4-14 ISSUANCE OF OPERATOR'S LICENSE (A) Said operator's license shall be granted by the Common Council only to persons who have attained the legal drinking age and have met the requ3rements defined by Chapter 125 of the Wisconsin State Statutes, and for all new applicants on or after July 1, 1986 who have successfully eompleted a mandatory alcohol awareness training program approved by the Oshkosh Common Council, as deseribed herein, at which time said license shall be issued by the City Clerk. (B) For all licenses issued on or after July 1, 1986, eaeh new applicant or each applicant xho failed to timely renew the license, shall suecessfully complete an alcohol awareness training program as approved by the Common Couneil prior to the issuance of an operator's license. �'- ' April 17, 1986 # 7 Corit'd. � �� (C) As of July 1, 1986, whereAapplication is made for a Class "A" or Class "B" license or combinat3on thereof, or Special Class "B" license on behalf of an individual, the individual shall successfully complete the program within aixty �60) days from the filing of the application with the City Clerk. The same shall be required for each partner of an application filed by a partnership and for an agent of an application filed by a corporation. (D) Participants in the approved program shall pay a tuition fee not to exceed $10.00. Changes in the curriculum, content or hours of the approved program may be made without consent of the Common Couneil, provided that such ehanges are approved by the City Clerk, City Attorney and Chief of Police. (E) The City Clerk or designee may issue a temporary operator's license subject to the following conditions: (1) A written application shall be filed with the City Clerk by the person requesting said application, setting forth the name, residence, age and sex of the applicant, together with sueh pertinent information as to charaeter and fitness as the City Clerk may require. (2) At the time of application, the applicant shall pay to the City Treasurer a fee in the amount of two dollars ($2.00). �3) A temporary operator's license shall be valid for fourteen (14) days and shall be issued only to operators employed by, or donating the3r services to, holders of Special Class "B" licenses pursuant to Section 4-31(c) of this code. (4) No person may hold more than one temporary license per calendar year. �5) Completion of a mandatory alcohol awareness training program is not required to obtain a temporary license. (F) The Chief of Police or his designee may issue a provisional operator's license subject to the following conditions: �1) A provisional license may be issued only to a person who has applied for a regular operator's license as provided by Section 4-13 of the municipal code. A provisional license may not be issued to any person who has been denied a license under this section by the Common Council. (2) A provisional license shall expire 60 days after its date of issuanee, or when a regular operator's license is granted by the Common Council and issued to the holder, r�hiehever is sooner, within which time the applicant must suecessfully complete the training program. - 19 - , April 17, 1986 # 7 Cont'd. (3) No person shall be issued more than one i7) provisional license in any two i2) year period. (4) The fee for a provisional license shall be $5.00 xhich is to be paid to the City Treasurer at the time application is made. SECTION 4-16 REVOCATION OF OPERATOR'S LICENSE i(A) No person other than the licensee shall serve fermented �c�`�� malt�beverages in any place operated under a Class "B" a1��,�,c,� ,%'license unless he shall possess an operator's 13cense, except � as provided by Chapter 125 of the Wiseonsin State Statutes. 0,�,��C tU �c (B) Any violation of any of the terms or provisions of this Section by any person holding an operator's license shall be cause Por revocation of said license. Section 2. That Section 4-31(c)t1) of the Oshkosh Munieipal Code is hereby amended by adding thereto the following: Persons employed by, or donating their services to, the holder shall be required to obtain a temporary operator`s license as provided for in Seetion A-1A(e) of this code when required by the provisions of this Chapter. Seetion 3• That this ordinance shall be effeetive from and after its passage and publication. SUHNITTEA DY A?PRO:'rD - 20 - Ordinance # 7 PROPOSED AGENDA FOR OSHKOSH BARTENDING LICENSE APPLICANT COURSE Total hours: 4 20 T1in. Pre-test 15 Pfin. Local Ordinances and State Laws 45 P1in. Blood Alcohol Concentration Level and OWI Laws 30 "fin. Customer Relations 20 Pfin. Break 30 Pfin. Recognizing and Dealing With Intoxicated Patrons 15 Min. Police Involvement 15 Cfin. Legal Liability and P1ora1 Responsibility 20 Min. Portion Control for Profit, Customer Satisfaction, and Safety 10 Ffin. Summary 20 Pfin. Post-test - 20a - Ordinance # 7 M E M 0 R A N D U M T0: Community Outreach Subcommittee FRpM: Jill Fhdri�'sJ(/�- l.� DATE: February 19, 7986 RE: Bartender T7�aining Course Curriculum Upon discussion with Mr. Joe Kolberg, an educator with FVTI, it was decided triat detailed curriculum of an alcohol training course would be developed if a mandatory training course ordinance were passed. At that time Mr. Kolberg would encourage representation from city council, Oshkosh police, Tavern League and Bar/Restaurant Association members in giving input regarding course content. It was a�eed upon that these major areas be covered in such a course: - A pre and post test designed to measure participants awareness prior to the course and subsequent increase in awareness. A percentage of correct answers would be deemed as a passing �^ade. The course and tests would be designed in a"not-to-fail" manner so that participants would be able to gather enough lmowledge necessary to pass the test throughout the course. - Local laws, ordinances, and police involvement. All license holders have the responsibility to be aware of the Oshkosh laws and ordinances they are expected to follow and enforce. There will arise the occasion where local police may become involved or enter an establishment because holders will be made aware of what to expect from tha pclioe, k�at rights both parties have, and how to ensure maximum communication and cooperation with officers. - Wisconsin state laws and liabilities. Not only should license riolders be aware of local ordinances, but also should they feel comfortable 4mowing and enforeing Wisconsin state law. - BAC - Blood alcohol content is the major criteria in determining the "legally" intoxicated individual. License holders will become more aware of the point at which patrons may reach that level and how BAC is defined. - Dealing with the intoxicated person. Every license holder will at sometime be forced to deal with an intoxicated patron. Methods of identifying the drunk, cutting him/her off, and effective responses will be discussed. - 20b - e C7 � 3 c7 3 � m O / d � O �c N -5 �' l_�`G ,� � G c-F p_ �G �p � .-� -s w � �o m� � � m z � Y � o�• � (D � � • N N � � w�o y �n � � � O�G O � G3+ (D (D � d 7 �nN —1 •n .7- N �� 7 O � �i � � "� O � � n 'S O d � � O � � � � D m o �'� �'O f N 'S t+ � Y .'O O� fi Q �G • N "'S O� � � � � � � �� A fD �. V lD � V fTl tn tn � � D N � T� O �-+ —I 3 �D Z � d �� a � � m d � d F . h � � O � `G M (`J 'O ,'Fi ` � � � s � � �t � � � O