City of Madison, Wisconsin | Legislative Information Center
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File #: 31736    Version: 1 Name: Demerit point system
Type: Ordinance Status: Passed
File created: 9/25/2013 In control: ALCOHOL LICENSE REVIEW COMMITTEE
On agenda: 12/3/2013 Final action: 12/3/2013
Enactment date: 12/11/2013 Enactment #: ORD-13-00202
Title: Repealing and recreating Section 38.10(4) of the Madison General Ordinances to clarify the process regarding when and how demerit points will be assessed and when point accumulation triggers suspension/revocation of a liquor license and adds additional violations to the demerit point schedule and changing point values so the demerit point system more adequately addresses recurring issues at licensed establishments.
Sponsors: Shiva Bidar, Lisa Subeck, Michael E. Verveer
Attachments: 1. BODY
Fiscal Note
No fiscal impact is anticipated.
Title
Repealing and recreating Section 38.10(4) of the Madison General Ordinances to clarify the process regarding when and how demerit points will be assessed and when point accumulation triggers suspension/revocation of a liquor license and adds additional violations to the demerit point schedule and changing point values so the demerit point system more adequately addresses recurring issues at licensed establishments.
Body
DRAFTER'S ANALYSIS:  This amendment puts demerit point assessment in the hands of the Alcohol License Review Committee ("Committee") after a licensee has been convicted of the underlying offenses in a court of law.  Guidelines provide when point assessment and suspension/revocation is appropriate.  Formal Expression of Concern is added back into the ordinance as a disciplinary tool for use in the demerit point assessment process.  This ordinance also codifies the concept of progressive discipline in liquor establishment enforcement.  The ordinance requires the City Attorney's office to forward a report to the Committee by March 1 of each year with detail regarding any informal as well as formal disciplinary action that has occurred against a licensed establishment in the current licensing year so that separation of renewal applications is the result of an evidence-based process. The ordinance does not in any way affect the City's ability to bring a suspension or revocation action under Wisconsin Statutes ยง 125.12.
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The Common Council of the City of Madison do hereby ordain as follows:
      Please see "Body" in Attachments.