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Mandatory Reporting for Those Holding an Operator’s License

11.19.24

Every bar and restaurant serving alcoholic beverages must have at least one person in charge of the premises who carries an operator’s license (often called a ​“bartender’s license”) issued by the municipality.1 Each municipality defines its own criteria for who qualifies for an operator’s license, but the requirements usually include at least the following: 

  • The applicant is at least 18 years old; 
  • The applicant has completed a beverage server training course; 
  • The applicant has not been convicted of a felony that substantially relates to the licensed activity; 
  • The applicant is not a habitual offender of laws substantially related to the licensed activity; and 
  • The applicant pays the necessary fees. 

Under Wis. Stat. § 125.04(3)(h), applicants and current license holders are required to notify the licensing authority within 30 days of any change in facts set out in their application.2 This means, for example, that if someone holding an operator’s license is convicted of operating a motor vehicle while intoxicated, this conviction needs to be reported to the licensing authority within 30 days of the conviction. Someone may also be considered a ​“habitual offender” for repeated violations of the law, even if they were never tried or convicted of a crime.3 Therefore, if someone carrying an operator’s license is repeatedly arrested — even if they are never charged or convicted — for a drug- or alcohol-related crime, Wisconsin law requires reporting the arrests to the applicable licensing authority.

If you have any questions, please reach out to one of the attorneys in Boardman Clark’s Business Practice Group.

[1] Effective January 1, 2025, the Department of Alcoholic Beverages will offer an operator's license that is valid in all Wisconsin municipalities. [2] See Alberti v. City of Whitewater, 109 Wis. 2d 592, 327 N.W.2d 150 (Ct. App. 1982). [3] See State ex rel. Smith v. City of Oak Creek, 139 Wis. 2d 788, 407 N.W.2d 901 (1987).

DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.

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