Safety And Licensing Committee Receives Report On Alcohol Law Violation Convictions Related To Police Department Sting – Discuss State Law Restricting How Demerit Points For Selling To Minors Can Be Counted Toward License Suspensions

The Safety and Licensing Committee met 06/26/2023. One of the information items they received was the Police Department report on alcohol law license violation convictions. Memorial Liquor, Lindo Michoacan Supermarket, the Motomarts on Calumet Street and Kensington Drive, and TJ’s Steakhouse each received 80-point violations for selling alcohol to minors.

I’ve prepared a transcript of the discussion for download:

Police Lieutenant Adam Nagel told the committee that all of those violations were from some sting operations carried out a couple months ago. If I understood correctly, it sounded like a couple more violations might be coming before the committee in the future.

Alderperson Alex Schultz (District 9) asked if any of the establishments had additional violations that put them at more than the 80 demerit points listed in the report. Clerk Kami Lynch explained that the number of demerit points listed were the number that they had total.

A member of the City Attorney’s Office also explained that there was a legal oddity associated with demerit points assessed for selling alcohol to minors. By state statute, the points for that violation only counted toward a revocation or a suspension if the business had another violation for selling alcohol to a minor within one year. [It looks like State Statute 125.07(1)(b)3 may be the law being referred to.]

Under Appleton’s municipal code, a business that receives 150-199 demerit points within a 24-month period will normally face a license suspension of 10-90 days. If they receive demerit points of 200 or more within a 36-month period, they face revocation of their license. However, because of the state statute at play in this situation, unless the businesses were convicted of selling alcohol to a minor a second time within the next 12 months, the 80 points they had accrued would not count toward the suspension and revocation limits.

View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1099732&GUID=8D2D9E21-E538-4FFD-AAF5-31478650D37B

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