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Protection Policy Committee fails to overturn denial of Brian Sanchez’s operator license; appeal sent to Common Council
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Summary
The committee voted on Jan. 6 on an appeal by Brian Sanchez seeking an operator (bartender) license. After testimony and attorney guidance about a deferred prosecution, a motion to grant the appeal failed on a 2–2 tally; the item will go to the Common Council Jan. 20 with no committee recommendation.
The Protection Policy Committee on Jan. 6 considered an appeal from Brian Sanchez of a denial of his operator (bartending) license and voted to send his appeal to the Common Council with no recommendation.
The committee opened the item after staff introduced the appeal. A police representative told the panel the department’s recommendation was to deny because of a stalking charge in Sanchez’s record that the department viewed as a safety concern. The department also flagged nondisclosure on Sanchez’s application, which the attorney said "could be grounds for denial" as it indicates a lack of candor to the board.
Committee counsel explained the legal posture of Sanchez’s case. "Deferred prosecution means that there is an agreement, basically, that if there are no future violations the charges may result in a dismissal," the attorney said, contrasting that with a deferred judgment where a plea is accepted but judgment is held off. The attorney advised that "if judgment hasn't been entered yet, then this body shouldn't be considering it for licensing determinations," describing pending cases as treated differently than completed convictions.
Sanchez spoke to the committee and described his employment needs. He gave his address as "1181 Hansen Road, Apartment 1A, Green Bay, Wisconsin 54304," said he has been a bartender "for 2 to 3 years now," and told members that his plea agreement requires him to remain employed full time. "I bartend... and I need my bartending license to continue working," Sanchez said. He added that he does not consume alcohol at work and is seeking therapy as part of his agreement.
Members questioned Sanchez about why he did not list pending charges on his application; Sanchez said he did not list them because he is not a convicted felon and the matters were pending. Staff confirmed the form asks about pending felonies. Committee members also discussed jurisdictional issues (some venues are in Ashwaubenon, not Green Bay) and whether Sanchez’s seasonal work needs the Green Bay license immediately.
After deliberation a member moved to grant the appeal and another seconded. The motion failed on a 2–2 voice tally. The chair told Sanchez the committee’s vote "has failed" and that the matter "is going to council with no recommendation," and urged him to attend the Common Council meeting on Jan. 20 at 6 p.m.
Next steps: Sanchez’s appeal will be considered by the Common Council on Jan. 20; the committee’s record and the testimony presented will accompany the referral.
