2002-128ORDINANCE NO. 2002 - 128
An ordinance updating the procedure for the application, review and issuance of provisional and
regular alcohol operator (bartender) licenses, with penalties for violations thereof as set forth in
dGO Section 5.06. 210.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 5.06.090 of the Code of General Ordinances is hereby amended to read as
follows:
"5.06.090 Operator's license required - Applications - Term - Expiration - Fee -
Review -- Issuance -- Provisional License.
A. OPERATOR (BARTENDER) LICENSE REQUIRED. No premises
operated under a Class A or Class B license may be open for business unless there is upon the
premises either the licensee, the agent named in the license if the licensee is a corporation, or
some person who has an operator's license and who is responsible for the acts of all persons
selling or serving any alcohol beverages to customers. For the purpose of this subsection, any
member of a licensee's immediate family eighteen years of age or older shall be considered the
holder of an operator's license.
B. REGULAR OPERATOR'S LICENSE.
(1) Operator (bartender) licenses may be issued only upon written application.
(2) An operator license application shall be submitted by an applicant to the
City Clerk together with the appropriate publication and other fee(s).
(3) An application must be fully and accurately completed, all questions
truthfully answered, and the application must be signed and dated by the applicant.
(4) An operator's license shall be valid for the period commencing upon
issuance and expiring on June 30 of the immediately following odd numbered year, but in
no event shall any operator's license be valid for longer than two (2) years from the date
of issuance.
(5) An operator's license shall be valid only in the municipality where issued.
(6) Submitted applications shall be referred by the City Clerk to the Police
Department for review and recommendation. The Police Department shall review each
submitted application and recommend issuance or denial of the license.
(7) The City Clerk shall issue a regular operator (bartender) license to an
applicant if the Police Department recommends issuance and the applicant is in
compliance with all other requirements.
(8) The City Clerk may deny issuance of a regular operator (bartender) license
to an applicant in the event that any of the following apply:
(a) The Police Department recommends denial of the license.
(b)
The application contains false, misleading or incomplete
information.
(c) The application is not signed or if required fee(s) are not paid.
(9) No operator's license may be issued unless the applicant has successfully
completed a responsible alcohol beverage server training course as required by state law.
(10) A submitted application that is incomplete or which contains false or
misleading information must be denied and the applicant must wait six (6) months before
submitting another application.
(11) If an application is denied, the City Clerk denial shall be in writing and
shall set forth the reason(s) for the denial.
(12) (a) An applicant may appeal a denial to the Alcohol License Advisory
Committee (ALAC). The appeal must be in writing, setting forth the reason(s) for the
appeal, signed and dated by the applicant, and filed with the City Clerk within thirty (30)
days of the date of denial. Written appeals that conform to the requirements set forth in
this ordinance shall be copied and forwarded to the ALAC by the City Clerk. The Clerk
shall provide written notice to the appellant of the date, time and place of the ALAC
meeting at which the appeal will be considered. The ALAC shall conduct a hearing upon
the appeal. The applicant may appear, be represented, and present evidence and
witnesses. The ALAC shall decide by majority of those voting whether to overrule the
administrative denial. Abstaining is not a vote. The ALAC may attach conditions and
limitations to a granted operator license. Appeals that do not conform to these
requirements shall not be considered by the ALAC.
(b) An ALAC decision upholding denial may be appealed to the
Common Council and shall also be in writing, setting forth the reason(s) for the appeal,
signed and dated by the applicant, and filed with the City Clerk within thirty (30) days of
the date of denial. Written appeals that conform to the requirements set forth in this
ordinance shall be copied and forwarded to the Common Council by the City Clerk. The
Clerk shall provide written notice to the appellant of the date, time and place of the
Common Council meeting at which the appeal will be considered. The Common Council
shall conduct a heating upon the appeal. The applicant may appear, be represented, and
present evidence and witnesses. The heating shall be recorded. The Common Council
shall decide by majority of those voting whether to overrule the administrative denial.
Abstaining is not a vote. The Common Council may attach conditions and limitations to
a granted operator license. Appeals that do not conform to these requirements shall not
be considered by the Common Council.
C. PROVISIONAL OPERATOR'S LICENSE.
issue a provisional operator's license to any person who:
(1) The City Clerk shall
(a)
Has filed a lawful and proper application for a regular operator's license
with the City Clerk in the manner required by this chapter and has paid the
fee required therefore; and
(b)
At the time of such regular operator's license application, checks the box
on the application form indicating that he or she requests a provisional
operator's license; and
(c)
At the time of such regular operator's license application, indicates on the
application form that he or she has never had a regular or provisional
operator's license denied or revoked by the City; and
(d)
At the time of such regular operator's license application, pays to the City
Clerk the fee required by this chapter for a provisional operator's license;
and
(e)
Has his or her provisional license application approved by the Chief of
Police or his or her designee. No provisional operator's license shall be
issued prior to approval of the applicant by the Chief of Police or his or
her designee.
(2) The fee for a provisional operator's license shall be Fifteen Dollars ($15.00).
(3) A provisional operator's license shall not be issued to any person whose regular or
provisional operator's license has ever previously been denied or revoked by the City. A
provisional operator's license shall be void ab initio and of no force or effect if issued to any
person whose regular or provisional operator's license has ever previously been denied or
revoked by the City. Misuse ora provisional operator's license by an applicant shall constitute
operation without a license and a violation of this chapter.
(4) A provisional operator's license is valid for a period not to exceed sixty (60) days
from the date of issuance by the City Clerk or until a regular operator's license is issued to the
applicant by the City Clerk, whichever occurs first.
(5) A provisional operator's license is not transferable from person to person.
(6) The City Clerk may revoke any provisional license in the event that the City Clerk
finds that the holder of such license made any false, misleading or incomplete statement on
his/her application, or that the applicant has previously had his or her regular or provisional
license denied or revoked by the City.
(7) The City shall not require that an operator's license applicant undergo training in
addition to that required by state law but may require applicants to purchase, at cost, materials
that deal with relevant local subjects not covered in such state mandated training course and/or to
attend one or more informational sessions as deemed necessary or appropriate, from time to time,
by the Common Council, A.L.A.C., Chief of Police, or City Clerk.
(8) The City Clerk, the ALAC or the Conmmon Council shall revoke a provisional
operator's license in the event that the applicant fails to successfully complete the responsible
alcohol beverage server training course in which he or she is enrolled."
D. REGULAR OPERATOR LICENSE FEE. The fee for an original
operator's license shall be $50.00. The fee for a renewed operator's license shall be $50.00.
Neither fee shall be prorated. Original and renewed operator licenses shall expire on June 30th
of each odd numbered year."
ADOPTED: May 28, 2002
APPROVED:
St"~ve~'-E. Sheiffer, City Manager
ATTEST' --
APPROVED AS TO FORM:
City Attorney ~'"
Proposed by: A.L.A.C.
Prepared by: City Attorney
MOTION BY: Williams
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
DEGARMO X
BRIEN X
O'LEARY X