(A) As it is the responsibility of the Village Board to screen applications for alcohol beverage licenses within the village under the licensing authority granted by Chapter 125, Wis. Stats. and Chapter 110 of this code, the Village Board adopts the following guidelines in order to specify the reasons for denying, non-renewing or revoking an alcohol beverage license. The Board retains broad discretionary authority in this area. However, if a decision is made to deny a license, the Board is required to provide the applicant with a written reason for the denial. These guidelines are adopted to meet that requirement.
(B) Since alcohol beverage license holders must act in cooperation with law enforcement to enforce the alcohol beverage laws and drunk driving laws, and assist with minimizing disturbances of the peace and maintaining the safety of the community, individuals with a past history of negative or uncooperative contacts with police agencies should be scrutinized; provided, however, that the Village Board shall not discriminate against such applicants based on a prior arrest or conviction record, pursuant to Wis. Stat. §§ 111.321, 111.322, 111.335 and 125.12(1)(b), unless said arrest or conviction record substantially relates to the circumstances of the particular licensed activity. This also applies to corporations, limited liability companies, agents, and partnerships. However, this requirement does not apply if a corporation has terminated its relationship with the individual whose actions directly contributed to the conviction (Wis. Stat. § 125.04(5)(C)). It is with these goals in mind, as well, that these guidelines are adopted.
(C) The following guidelines are established by the Village Board to determine which applicants are eligible for issuance of an alcohol beverage license. There is broad discretion retained on behalf of the Board to consider each case on an individual basis. Deviation from the guidelines may be allowed if there are mitigating circumstances, which may include, but are not limited to, the particular circumstances documented by the applicant, or the length of time that has expired since the applicant was last convicted of violation of any law, statute, rule or ordinance. For purposes of this policy, the definition of “person” shall be as stated in § 10.05.