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Consideration of appeal of denial of Operator’s License based on prior criminal record, Nicole Bence, applicant
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Submitted by:
Deyanira Nevarez
Department:
City Clerk
A. Background/Rationale
Sec. 6.08.100 of the Wauwatosa Municipal Code provides that the City Clerk may directly issue Operator’s licenses, provided that the criminal background check shows that the licensee has not violated the law substantially relating to the sale or use of alcohol, illegal substances or violations of other laws having a bearing on the applicant's fitness to sell and serve alcohol within the city.
On May 29, 2026, the Clerk’s Office received an application from Nicole Bence. A background check was conducted, and several convictions substantially related to licensing activities appeared on the report.
The Wauwatosa Municipal Code and State Statutes provide that the local governing body (in this case, the Government Affairs Committee) be the ultimate decision-makers in these instances.
B. Key Issues for Consideration
The Clerk’s Office initially denied this application based on multiple convictions that substantially relate to alcohol‑licensing activity, consistent with Wis. Stat. § 125.04(5)(a)1 and § 125.04(5)(b). Under Wis. Stat. § 111.335(4)(c)1.b., if the applicant provides competent evidence to find the individual rehabilitated, the city may not refuse to issue the license on the basis of those convictions. The applicant is being offered the opportunity to appear before the Committee to provide competent evidence of rehabilitation, pursuant to Wis. Stat. § 111.335(4)(c)1.b.
C. Requested Action
The Committee will hear from the applicant, who will provide competent evidence of rehabilitation.
The Committee will then rule on the evidence and either:
1. Sustain the City Clerk’s decision to deny the application, or
2. Find that the applicant provided sufficient evidence of rehabilitation, and direct the City Clerk to issue the license.