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<br /> . DOT License Program III Legal
<br /> I icipal officials should be commercial motor vehicle oper Commept
<br /> at on January I, 1991, must. starting January I, 1991 pro- from page 433
<br /> ortant aspectS of the com- vide their prospective employ s
<br /> I mercial ver license program im. with a history of their empl rnent A municipality may subject adult
<br /> plemented 1989 Wisconsin Act as a commercial motor ve Ie oper- entertainment businesses to a licc:ns~
<br /> 105 take ef t. ator. Sec. 343.245(20(c). ing requirement only when the
<br /> I In addition administrative rules In addition, Strict alco licensing ordinance provides nar-
<br /> necessary to a inister and enforce age restrictions on com row. objective and definite stan-
<br /> the commercial iver license pro. tOr vehicle operators t dards to guide the licensing
<br /> gram which bave een promulgated January 1, 1991. authority.l~
<br /> 1 by the Department f Transporta- Beginning on that ate, cammer- In Genusa v. Ciry of Peo,ia", the
<br /> tion (DOT) are anti ated to take cial motor vehicle erators (includ. Seventh Circuit U.S. Court of Ap-
<br /> effect January I, 199 ing drivers of fire ucks) in peals held invalid a provision in
<br /> As of January I, 19 , employers possession of alc 01 while on duty,. Peoria's licensing ordinance which
<br /> I of commercial motor ve 'ele On duty within hours of consum- provided that an adult entertain-
<br /> drivers, including munici ities, ing alcohol or aving any measured ment business license may not be is-
<br /> will face new responsibiliti . These alcohol conc (ration above zero .~-_'>~ sued to an applicant if the applicant
<br /> 1 responsibilities include: must be im ediately ordered out at "is a person who is not of good
<br /> (1) Before hiring a new emp ye service fo 4 hours and issued a 0-.- moral character and reputation in
<br /> to drive commercial motor vehi s, tat ion of 10. Sec. 346.63(7). -".-,,:':::
<br /> employers must obtain the perso Furt ,as of January I, 1991,-:';::: the community in which he or she
<br /> resides.' I
<br /> I employment history. No employer any p on convicted of driving a ..
<br /> may hire as a commercial motor ve- com rcial motor vehicle while The Genusa court held that the
<br /> hicle driver an applicant who re- a g a blood alcohol concentra, .,.. provision standing alone, without
<br /> - fuses to provide the required t of .04 or more will be disquali-" any standards, gave city authorities
<br /> I information. Sec. 343.245(3)9a), from driving commercial moto'r', an overbroad discretion to impose a
<br /> Stats. ehl es for one year. Sec. '..",',"', prior restraint on protected speech.
<br /> (2) No employer may, as of Jan 346, 3). In addition, an adult entertain-
<br /> ary I, 1991, knowingly allow an Fin , in light of the new
<br /> 1 employe to operate a commercia responSl 'Iities employers of com- ment licensing ordinance must, in
<br /> motor vehicle when the employ mercial tor vehicle operators face order to pass constitutional inspec-
<br /> A. Has had his or her co beginning nuary I, 1991, munici- tion, place limits on the time within
<br /> cial driver license suspended palities migH want to consider par-. which the decisionmaker must grant
<br /> I voked by any state; ticipating in T's employer or deny the license."
<br /> B. Is subject to a 24- notification pro am. Sec. 343.245 In City of Dallas", the U.S.
<br /> .of-service order in any 5t (3m). For a fee e loyers will be Supreme Court held that the city's
<br /> I C. Is disqualified fr able to register the ame of an em- adult entertainment licensing or-
<br /> ing a commercial vehie ploye with the Depa ent. DOT.," dinance was unconstitutional be-
<br /> 343.245(3)(b).) will then notify the e loyer ."~'. ,,,'" cause it did not provide an effective
<br /> (3) No employer m . employ per- whenever a conviction suspen- limitation on the time within which
<br /> I sons ~ commercial olor vehicle sian, revocation, cancel1 'on, dis- the licensor's decision must be
<br /> drivers who are ad cted to the use qualification or out-of-se ce order Conrinued on next page
<br /> or Intoxicating liq r or controlled is recorded on the driving: cord of
<br /> I substances. Empl 'ers will have a the employe,
<br /> right to make th determination. For more information on OT's Il See 6.otif: World News of Appleton v.'
<br /> Sec. 346.64, employer notification progra con- City of Appleton, 482 F.Supp 1220 (E.D.
<br /> Wis. 1980), where the coun hdd that an Ap-
<br /> Drivers of c mercia!" motor ve- tact Ms. Jennifer Liddicoat at 608) plelon ordinance, under which the common
<br /> 1 hicles will, of ourse. also face new 267-9558. council denied an aduh bookstore owner's
<br /> responsibiliti beginning January I, For a more detailed discussio of application for licenses to operate 12 adult
<br /> 1991. the commercial driver license pr film.viewing machines. and which COl1taincd
<br /> no standards whatsoever governing issuance
<br /> As of th date, drivers of Cam- gram see the Legal Comment in e or licenses. was unconstitutional because it
<br /> 1 mercial V Ides must inform their April 1990 issue of the Municipal acted as a prior restraint on the owner's ex.
<br /> employe and the DOT of any Iy, Also, technical questions regar ercise of his first amendment rights.
<br /> . state m ing violations and any ing the licensing program may be 1I 619 F.2d 1203.
<br /> I licens uspensions. revocations or directed to: Atly. Joseph :Vlaassen, "FWIPBS. Inc. v. City of DoJJas,_
<br /> cane ations. See. 343.245(2). Also, Omce of General Counsel, DOT, u.s. _. 110 5.Ct. 596 (l990).
<br /> persons seeking employment as (608) 266-8810. .- "id.
<br /> 1 434 the ~unicip:llily December 1990
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