Fiscal Note
There may be a minimal increase in General Fund revenues from fines for violations. The Police Department plans to use existing staff resources to administer this program.
Title
SUBSTITUTE Creating new Section 38.12 and renumbering current Section 38.12 to Section 38.13 to prohibit the sale of alcohol to habitually intoxicated persons; amending Section 24.02 relating to disorderly conduct in a public place while under the influence of alcohol; and amending Sec. 1.08(3) of the Madison General Ordinances to establish a bail deposit for a violation.
Body
DRAFTER'S ANALYSIS: Current state law and City ordinances prohibit the sale of alcohol beverages to “habitual drunkards.” This proposal uses the term “habitually intoxicated persons.” This proposal creates a list, to be maintained by the Madison Police Department, of Known Habitually Intoxicated Persons, who may not be sold carry out alcohol by a Class “A” or Class “A” alcohol beverage licensee. The Madison Police Department will place a person on the list who has been arrested and convicted at least six times in the prior 180 days, when the arrested person was under the influence of alcohol at the time of the commission of the offense, or where the person has been transported and admitted to an approved alcohol treatment facility under conditions where the person appeared to be incapacitated by alcohol and in need of emergency treatment at least six times in the prior 180 days, or any combination of at least six arrests and convictions or admissions. If a person receives both an arrest and an involuntary admission to a treatment facility from the same incident, both count separately in the calculation. The proposal provides for an appeal procedure for the person who objects to their name being initially placed on the list, or remaining on the list after 180 days if they have had no relevant convictions or admissions. The Chair of the Alcohol Licensing Review Board or his or her designee wil...
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