During the 12/01/2021 Common Council meeting one resolution was submitted.
Alderperson Michael Smith (District 10) submitted Resolution #16-R-21 regarding the city’s alcohol license demerit point system. As currently written, the resolution calls for the city’s demerit point system as laid out in Section 9-54 of the municipal code to be reviewed and includes some recommended changes.
If the resolution were passed as written, when calculating accumulated demerit points, the date of conviction would be used to assign demerit points instead of the date of the violation as currently laid out in the code.
The amended language also doubles the length of time demerit points are kept on the record and would require licensees who receive 25-149 demerit point to appear before the Safety and Licensing Committee and explain what steps they are taking to rectify the issues that resulted in the demerits.
The resolution was referred to the Safety and Licensing Committee which will take it up during their 12/08/2021 meeting.
[I’ll be interested to hear the discussion about this and Alderperson Smith’s reasoning behind these recommended changes. I’m curious if this resolution was at all prompted by the discussion and complaints surrounding the Core’s Lounge alcohol license renewal. Although the Police Department investigated Core’s very thoroughly and was not able to substantiate the complaints the city’s current demerit system did come up in the discussions around Core’s license renewal.]
The full text of the resolution reads:
Whereas the possession of a liquor license comes with and required a great deal of responsibility and;
Whereas it is good practice to review and consider amending parts or all of an ordinance when times and conditions warrant,
Therefore Be It Resolved that Sec. 9-54 Demerit point system is hereby submitted for review with changes for consideration.
Effective July 1, 2022 Sec. 9-54. Demerit point system.
(c) Calculating violations. In determining the accumulated demerit points, the date of the conviction shall be used as the basis for assigning demerit points per violation. Points shall be assigned only after conviction for violations.
(d) Suspension and revocation of license. The Police Department shall notify the Safety and Licensing Committee of any convictions which result in the assessment of demerit points against any licensee. Following this notification, or the filing of a complaint pursuant to W.S.A. §125.12, the Committee shall hold a hearing if required by W.S.A. §125.12 or this section, and shall take the following action, after first determining the number of demerit points to be assessed against the licensee:
(1) For demerit points totaling 25-149 within a 24-month period, a warning to the licensee of the consequences of additional violations. The licensee shall appear before the Safety and Licensing Committee and inform the Committee of the licensee’s efforts to rectify the issues that caused the imposition of the demerit points.
(2) For demerit points totaling 150-199 within a 24-month period, suspension of the license for a period of not less than ten (10) days nor more than ninety (90) days.
(3) For demerit points totaling two hundred (200) or more within a 36-month period, revocation of the license. Whenever any license is revoked, at least six (6) months from the time of such revocation shall elapse before another license shall be granted for the same premises, and twelve (12) months shall elapse before any other license shall be granted to the person whose license was revoked
View full Common Council meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=905559&GUID=D026379A-4E3F-42B9-837B-5DD55760ACC9
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