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Committee recommends approval of operator's license appeal for Rosemary Fluh, forwards to council
Summary
After testimony from the applicant and her employer and review of criminal-history grounds cited for denial, the committee voted to recommend approval of Rosemary Fluh’s appeal of a denied operator’s license; final approval is reserved for the Common Council.
The Green Bay Protection Policy Committee on Oct. 13 voted to recommend that the Common Council approve an appeal by Rosemary Fluh of a denied operator’s (bartender) license.
Committee members heard that the denial was based on a May 28 conviction that constituted a fourth OWI and that, under the licensing standard cited in the file (125.04 sub 5), the applicant did not meet the qualifications for an operator’s license. A city attorney on the record said the fourth-offense finding triggered an automatic denial under the cited provision.
Applicant Rosemary Fluh told the committee she has been sober for roughly nine years before a recent relapse, is in treatment with scheduled sessions and is using an ignition interlock device. She said she has worked for the same employer for more than 20 years and that a judge had authorized her to work at a single establishment. William Baker Sr., who identified himself as the applicant’s employer, said Fluh performs managerial duties, has been a long-term employee and that he had agreed to restrictions (including that she not drink at the bar) to keep her employed.
Police and licensing staff explained that, under state counting rules discussed during the hearing, prior OWIs can be aggregated for licensing and sentencing purposes; staff said earlier OWIs from decades earlier still counted in the current calculation. The committee discussed the applicant’s conduct, attitude, employer support and the conditions on the applicant’s court sentence.
A committee member moved to approve the appeal; the motion was seconded and passed. The committee’s vote is a recommendation to the Common Council, which will make final disposition at its next meeting. The committee clerk said the clerk’s office will contact the applicant after the Common Council acts.
Speakers included applicant Rosemary Fluh; William Baker Sr., who spoke on her behalf; a city attorney who summarized the licensing-ground citation; a police representative who described how prior OWIs are counted; and committee members.
