(A) The following guidelines for denial are adopted by the Village Board for consideration of applicants for alcohol beverage license. A copy of these guidelines shall be provided to each applicant for a license that files said application.
(1) Guideline 1. An applicant who has been convicted of any felony, which substantially relates to the circumstances of the particular licensed activity, unless duly pardoned, will not be eligible for an alcohol beverage license.
(2) Guideline 2. An applicant who has been convicted of, released from incarceration in a state or federal prison system or a county jail for, or released from parole or probation status for any offense within the last five years in the following subcategories will not be eligible for an alcohol beverage license (if the offense constitutes a felony, Guideline 1 shall apply):
(a) Violent crimes against the person of another, including but not limited to homicide, aggravated battery, sexual assault, injury by negligent use of a weapon, injury by negligent use of a vehicle, or injury by intoxicated use of a vehicle.
(b) Crimes involving cooperation with law enforcement officials including but not limited to, battery, obstruction of a police officer, resisting arrest, bribery of public officers or employees, misconduct in public office, assault by a prisoner, escape from custody, bail jumping, or bomb scares.
(c) Drug-related offenses, including but not limited to any offense involving the sale of possession of narcotics or other controlled substances, including but not limited to:
1. Manufacturing, distributing or delivering a controlled substance or controlled substance analog under Wis. Stat. § 961.41(1).
2. Possessing with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under Wis. Stat. § 961.41(1).
3. Possessing, with intent to manufacture, distribute, or deliver, or manufacturing, distributing or delivering a controlled substance or controlled substance analog under a federal law that is substantially similar to Wis. Stat. § 961.41(1) or 961.41(1m).
4. Possessing with intent to manufacture, distribute or deliver, or manufacturing, distributing or delivering a controlled substance or controlled substance analog under the law of another state that is substantially similar to Wis. Stat. § 961.41(1) or 961.41(1m).
(3) Guideline 3. Any applicant who has been convicted of, released from incarceration in a state or federal prison system or county jail for, or released from parole or probation status for any offense with the last three years in the following subcategories will not be eligible for an alcohol beverage license (if the offense constitutes a felony, Guideline 1 shall apply):
(a) Alcohol beverage offenses, including but not limited to sale of alcohol beverages without a license or permit, furnishing alcoholic beverages to underage persons (furnishing alcohol beverages to underage persons shall not be used as grounds for suspension, revocation, or non-renewal of an existing license unless the licensee has committed two violations within a one-year period), furnishing alcohol beverages to intoxicated persons, or any other violation of Chapter 125, Wis. Stats. or a local ordinance enacted in conformity therewith. This does not include offenses for possession or consumption of alcohol by a minor, which is covered in Guideline 4.
(b) Perjury, false swearing, disorderly conduct or criminal damage to property.
(4) Guideline 4. Any applicant who has had two or more convictions within the last two years for any offense in any combination of the following subcategories will not be eligible for an alcohol beverage license (if the offense constitutes a felony, Guideline 1 shall apply):
(a) Operating a motor vehicle while under the influence of intoxicants or drugs.
(b) Operating a motor vehicle with a BAC in excess of .10% by weight.
(c) Violations of Chapter 125, Wis. Stats. which are restricted to unlawful possession or consumption of alcohol beverages by a minor.
(d) Open intoxicants in public places or in a motor vehicle.
(5) Guideline 5. Any applicant who is an habitual law offender will not be eligible for an alcohol beverage license. An habitual law offender shall include, but not be limited to, a person or applicant, other than an applicant for a retail license, who has been convicted of, or charged with, four or more violations of any rule, ordinance, statute or law, within the five years before the most recent application, the circumstances of which violations substantially relate to the licensed activity. In the case of an applicant for a retail license, an habitual law offender shall include, but not be limited to violations as set forth under § 10.99. If one of the violations constitutes a felony, Guideline 1 shall apply.
(6) Guideline 6. The village reserves its rights under Chapter 125, Wis. Stats. and Chapter 110 to revoke, non-renew, or suspend any alcohol beverage license it has issued, based on information of conviction of violations covered by this policy or on other justification provided by law. (This does not apply to convictions of “Class A,” Class “A,” “Class B,” Class “B” or “Class C” applicants for offenses committed prior to adoption of this policy on December 5, 2002).
(7) Guideline 7. Any applicant who materially falsifies an application for an alcohol beverage license will not be eligible to re-apply for an alcohol beverage license for a period of six months from the date of denial of such application. The Village Board may waive the provisions of this paragraph, allow the applicant to submit a corrected application, with the appropriate fee, and grant an alcohol beverage license to the applicant, if it appears to the Board that any falsifications on the application were the result of inadvertence, excusable neglect, or a mistake.
(B) Only convictions or charges during the current licensing year for the individual shall be considered for denial or renewal of applications, unless the Police Chief demonstrates that convictions from previous license years were not considered in granting the current license.