§ 8-71. Approval of application; denial.

(a)

No license shall be granted for operation on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims of the village are delinquent and unpaid.

(b)

No license shall be issued unless the premises conform to the sanitary, safety and health requirements of the state building code, and the regulations of the state village board of health and local village board of health applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all applicable ordinances of the village.

(c)

Consideration for the granting or denial of a license will be based on:

(1)

Whether the applicant has an arrest or conviction record, subject to the limitations imposed by Wis. Stats. §§ 111.321, 111.322, 111.335 and 125.12(1)(b);

(2)

Where the licensed business is to be conducted;

(3)

Whether the applicant has been a resident of this state continuously for at least 90 days prior to the date of application;

(4)

Whether the applicant has attained the legal drinking age;

(5)

Whether the applicant has submitted proof under Wis. Stats. § 77.61(11); and

(6)

Whether the applicant has successfully completed within the two years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under Wis. Stats. § 125.04(6) of a corporation or limited liability company that held, within the past two years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

(d)

An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, the term "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the village board, the village board reserves the right to consider the severity, facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the village board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.

(Code 1989, § 7-2-9)

State law reference

Qualifications of natural persons, Wis. Stats. § 125.04(5)(a), (b).