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Confirmation of denial of Operator’s License based on prior criminal record
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Submitted by:
Deyanira Nevarez, City Clerk
Department:
City Clerk’s Office
Background
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 applicant has not violated laws substantially relating to the sale or use of alcohol, illegal substances, or other offenses bearing on the applicant’s fitness to sell and serve alcohol within the city.
Following the denial of her 2025 operator’s license appeal, the applicant, Nicole Budziszek, was required to wait six months before reapplying. After the required waiting period, she submitted a new application. A background check was conducted, and the same convictions—each substantially related to licensing activity—again appeared on the report. Based on these findings, the Clerk’s Office denied the application. Ms. Budziszek has now submitted another appeal for consideration by the Government Affairs Committee.
The Wauwatosa Municipal Code and State Statutes provide that the local governing body (in this case, the Government Affairs Committee) serve as the ultimate decisionmakers in these matters.
Key Issues for Consideration
The Clerk’s Office 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 demonstrating rehabilitation, 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 present competent evidence of rehabilitation, pursuant to Wis. Stat. § 111.335(4)(c)1.b.
Requested Action
The Committee will hear from the applicant, who will present competent evidence of rehabilitation.
The Committee will then rul...
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