The Safety and Licensing Committee met 05/11/2022. The first action item they took up was the bartender license application for Jacob. Jacob wanted to bartend at the Durty Leprechaun, but the Police Department was recommending that his application for a bartender’s license be denied due to (a) having been found guilty of Battery to a Law Enforcement Officer (a felony for which the city did not have to allow him to show evidence of rehabilitation and which could be used to automatically deny his application), (b) having been found guilty of Disorderly Conduct for an incident in which he was highly intoxicated (a misdemeanor), and (c) having been found guilty of Possession of Drug Paraphernalia (an ordinance violation).
Jacob did appear to plead his case and committee Chairperson Chris Croatt (District 14) said he wanted to hear from the Police Department and the applicant prior to getting a motion on the application.
Appleton Police Chief Todd Thomas did not read the memo to the committee but did note that Jacob had the convictions listed in the memo. One of those convictions was an offense that was exempt from the requirement that the applicant be allowed to submitted evidence of his rehabilitation. He went on to say that the other offenses were substantially related to the license that Jacob was applying for and noted that the disorderly conduct arrest had taken place just under a year ago. During that incident, he had been highly intoxicated, blowing a .21 when given a Portable Breath Test (PBT). Again, the Police Department believed that was substantially related to his ability and judgement to serve alcohol if he did have a license. They were recommended the application not be approved.
Alderperson Croatt asked Jacob if he wanted to speak.
Jacob stated, “That offense—I mean, I know what I did was wrong. It was seven years ago. It was maybe 2015. I’ve been pretty well behaved for most until I had a little encounter with the police last year. I know what I did was wrong, of course. I’m just trying to turn a new leaf. I got so much going for me right now. I mean, I got a 6-year-old daughter that looks up to me and, you know, me—I don’t know. I’m just trying to make it by. And I bartend at the Durty Leprechaun. The owner knows about my past as well, and he wants me to come out and do well for him. He’s actually looking to help me get a house and stuff like that ’cause he’s into real estate. He sees the good in me. I did even contact my parole officer from 7 years ago. I reached out to her seeing if I could get maybe a character reference or some sort, but nothing really came back. So, I’m here now today just trying to appeal my license.”
Alderperson Croatt asked if there was any information he would like to add to the record in addition to his application and the recommendation to deny from the Police Department.
Jacob answered, “Just sincere apologies. You know, I’m just trying to make an appearance and plead my case.”
Alderperson Croatt asked for a motion on the item. Alderperson Kristine Alfheim (District 11) made a motion to deny, seconded by Alderperson Sheri Hartzheim (District 13), and the committee began its discussion.
Alderperson Nate Wolff (District 12) suggested to Jacob that he ask the owner of the Durty Leprechaun to come speak on his behalf at the Common Council meeting and thought it would be helpful if he could get character witnesses to speak on his behalf.
Alderperson Croatt clarified to Jacob that the vote by the committee was not final and it would go to the full Common Council for a vote, and he gave him information on how to sign up to speak at that meeting should he choose to.
Alderperson Hartzheim said that the committee did have the authority to approve license applications for individuals who had prior convictions if there was evidence of rehabilitation but “there are some specific things that are requested as far as rehabilitation, and those don’t seem to be present. We would be looking for completion of probation or parole but then also a year being lapsed since the release of any local state or federal correction institution, and since you’re—since the applicant’s very recent, very recent run in with the Appleton Police Department, that makes it very unlikely that we would be able to allow for this. So, I empathize with someone who wants to turn their life around, but I need to follow what this committee must do and that’s [to] look for those things.”
Alderperson Alfheim thanked him for coming to the meeting, which she thought was a big thing for him to have done. She went on to say that the committee’s job was to talk about safety and licensing, and she thought that the safety of the police force was the committee’s responsibility as well. She hoped that he would be able to move forward in his life in a positive way; however, “until there’s validation of that and time goes by that we would feel that our people are safe—and that is on you to validate to us—the right answer for us is to deny in the best interest of our city employees. And I hope you understand that. That’s not a forever situation because you are in charge of that, but for now our answer is to protect the city’s people.”
Alderperson Alex Schultz (District 9) echoed the sentiments of the other committee members. “We all appreciate you showing up. That shows at least some character in trying to get yourself moving forward. Unfortunately, there’s a level of—a bar that we have to meet that allows you to get your license, and there’s some things here…We don’t know your story, we don’t know your history, we don’t know what you’re doing right and what you’re doing wrong, except for what we’re presented with.” He believed that, unfortunately, what they were presented with did not allow the committee to approve the license, but he did appreciate Jacob coming to the meeting, and he recommended that Jacob come to the Council meeting next week for the final vote. If he had some character witnesses that would, again, shows that he was making an effort and reflect well on his endeavor.
Alderperson Croatt also echoed all those previous comments and hoped that Jacob was on the right path, “But what’s before us, you know, is enough in my opinion to deny this request just based on the information from the Police Department and the amount of time and the rehabilitation requirements.”
There were no further comments and the committee voted 5-0 to deny the application. Alderperson Croatt again told Jacob that he was welcome to attend and speak at the Common Council meeting. Jacob asked some questions about signing up to speak, so it sounded like he might actually end up attending.
[I think the committee generally does a good job of being respectful and considerate to the applicants they deny licenses for. It’s definitely got to be disappointing to be one of those people who have their applications denied; however, the job market is really hot right now so I would expect there are plenty of opportunities to find employment that is not bartending. And if Jacob is able to get things together, maybe we’ll see him back in front of the committee in a couple years.]
View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=951448&GUID=EB4101D4-A4E6-4BDF-A9D3-9B707CA29A4B
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