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File #: 081454    Version:
Type: Ordinance Status: In Committee
File created: 2/10/2009 In control: LICENSES COMMITTEE
On agenda: Final action:
Effective date:    
Title: A substitute ordinance relating to qualifications for new Class “B” manager and Class “D” operator licenses.
Sponsors: ALD. COGGS
Indexes: ALCOHOL - REGULATION AND LICENSING, TAVERNS
Attachments: 1. City Attorney Opinion, 2. Fiscal Note, 3. Hearing Notice List, 4. Proposed Sub B
Number
081454
Version
Substitute 1
Reference

Sponsor
ALD. COGGS
Title
A substitute ordinance relating to qualifications for new Class “B” manager and Class “D” operator licenses.
Sections
90-6-1-c rn
90-6-1-c cr
Analysis
This ordinance provides that an applicant for a new Class “B” manager’s license or a new Class “D” operator’s license is not qualified for the license if the applicant has been convicted of an offense that occurred less than one year prior to the time of application for operating a vehicle while under the influence of alcohol or with a blood alcohol level that exceeds lawful limits.

A Class “B” manager is required to be on the premises of the establishment of Class “B” and Class “C” retailers in the absence of the proprietor, partnership, or the agent of the corporation or limited liability company holding the alcohol beverage license for the premises. A Class “B” manager is responsible for the daily operation of the licensed premises and for personnel management of all employees without regard to whether the manager is authorized to sign employment contracts.

A Class “D” operator’s license, commonly referred to as a bartender’s license, authorizes the operator to remove from any barrel, keg, cask, bottle, or any other container fermented malt beverages, and to sell or serve fermented malt beverages, intoxicating liquor and wine on appropriately license premises.
Body
Whereas, The common council finds that the illegal use of alcohol by an individual driving under the influence of alcohol demonstrates a lack of proper judgment in the handling of alcohol to the extent that it places the health, safety and welfare of the public at risk; and

Whereas, Federal and state laws reflect a compelling interest in the proper handling and consumption of intoxicating liquors and other alcohol beverages; and

Whereas, Bartenders serving alcohol beverages to the public are expected to exercise sound judgment in determining whether service is...

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