Common Council Special

The YouTube channel "City of Franklin WI" will be live streaming the Common Council meeting so that the public will be able to view and listen to the meeting. https://www.youtube.com/c/CityofFranklinWIGov CITY OF FRANKLIN SPECIAL COMMON COUNCIL MEETING FRANKLIN CITY HALL - COMMON COUNCIL CHAMBERS 9229 WEST LOOMIS ROAD, FRANKLIN, WISCONSIN AGENDA THURSDAY, JULY 16, 2026, AT 6:30 P.M. A. Call to Order, Roll Call and Pledge of Allegiance. B. Citizen Comment Period. C. Reports and Recommendations: In the Matter of the Complaint Against: H, B & H, LLC d/b/a On the Border, for "Class B" intoxicating liquor license, Class "B" fermented malt beverage license, Entertainment and Amusement License and Cigarette Sold by Machine License. Upon a hearing on the Complaint, the Common Council may enter closed session pursuant to Wis. Stat.§ 19.85(l)(a), to deliberate concerning the facts and the application of law to the facts with regard to the Complaint, and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate. D. Adjournment. [Note. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional Information, contact the Crty Clerk's office at (414) 425-7500 ]  APPROVAL REQUEST FOR MEETING COUNCIL ACTION DATE July 16, 2026 REPORTS AND In the Matter of the Complaint Against: H, B & H, LLC ITEM NUMBER RECOMMENDATIONS d/b/a On the Border, for "Class B intoxicating liquor license, Class "B" fermented malt beverage license, Entertainment and Amusement License and Cigarette Sold by Machine License. Upon a hearing on the Complaint, the Common Council may enter closed session pursuant to Wis. Stat. $ 19.85(1)a), e. to deliberate concerning the facts and the application of law to the facts with regard to the Complaint, and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate. Annexed hereto is a copy of the Summons and Complaint. Upon the appearance of the licensee and a denial of allegations in the Complaint, the matter will proceed to a hearing before the Common Council. Cited below are some of the basic provisions in the Wisconsin Statutes for the processing of a complaint. Wis. Stat. $ 125.12(2)b) Procedure on hearing. l. Ifthe licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The clerk shall give notice of the revocation to the person whose license is revoked. 2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag)4. is found to be true with respect to a license issued under s. 125.51(4)(v) [licenses issued in exceedance of quota], the license shall be revoked. COUNCIL ACTION REQUESTED A motion to enter closed session pursuant to Wis. Stat. § l 9.85(l)(a), to deliberate concerning the facts and the application of law to the facts with regard to the Complaint against: H, B & H, LLC d/b/a On the Border, for "Class B" intoxicating liquor license, Class "B" fermented malt beverage license, Entertainment and Amusement License and Cigarette Sold by Machine License, and to reenter open session at the same place thereafter to act on such matters discussed therein as it deems appropriate; and such other motion(s)/action(s) as the Common Council deems appropriate. Legal Services Dept.: jw  FRANKLIN COMMON COUNCIL CITY OF FRANKLIN In the Matter of the Complaint Against: H,B&H,LLC SUMMONS D/B/A On the Border Premises Location: 10741 S. 274 Street Franklin, WI 53132 Licensing Agent: Oscar Cobian STATE OF WISCONSIN) ) ss. COUNTYOFMILWAUKEE ) THE FRANKLIN COMMON COUNCIL TO H,B & H, LLC, by licensing agent Oscar Cobain: You are hereby notified that a sworn complaint, a copy of which is attached, has been duly made and filed, requesting a hearing on suspension, revocation, or non-renewal of the 2026- 2027 licenses issued to H, B & H, LLC, together under license no. 26-4471, consisting of the "Class B intoxicating liquor license, the Class "B" fermented malt beverage license, the Entertainment and Amusement License, and the Cigarette Sold by Machine License, for the premises at 10741 S. 27 Street in the City of Franklin. This swom complaint requesting a hearing for suspension, revocation, or non-renewal of the above referenced licenses is brought pursuant to the provisions of Wis. Stat. $$ 125.122)ag) and 134.65(7), and Frankl in Municipal Code $$ 158-9, 121-24, and 102-1.  NOW THEREFORE, H. B & H, LLC by licensing agent Oscar Cobian, you are hereby summoned to appear before the Franklin Common Council or committee thereof, to admit or deny the allegations in the complaint. This hearing will be held on: July 16, 2026 at 6:30 p.m., or as soon as the matter may be heard. This hearing will take place at the Franklin City Hall, located at 9229 W Loomis Road. Franklin, WI53132. within the Common Council Chambers. You may be represented by counsel on this date or at future dates. If you fail to appear as required by this summons, the allegations in the complaint against you shall be taken as true. and if the Franklin Common Council finds the allegations sufficient. the Council may suspend. revoke, or non-renew any or all of the licenses or permits within license no. 26-4471 You are further notified that if you appear as required by this summons and contest the allegations in the complaint, a hearing will be held, at which time you may be represented by counsel if you so choose. cross examine witnesses who testify adversely against you. and present witnesses or evidence on your own behalf. A transcript of this hearing shall be made and you may obtain a copy of the transcript of this proceeding at your expense. Dated this 8th day of July, 2026. FRANKLIN COMMON COUNCIL Name: Margaret M. Poplar Position: Deputy City Clerk  FRANKLIN COMMON COUNCIL CITY OF FRANKLIN In the Matter of the Complaint Against: H, B & H, LLC COMPLAINT D/B/A On the Border Premises Location: 10741 S. 27 Street Franklin, WI 53132 Licensing Agent: Oscar Cobian STATE OF WISCONSIN) ) ss. COUNTYOFMILWAUKEE ) Assistant Chief Eric Stowers of the Franklin Police Department, being duly sworn on oath, deposes and states as a complaint under Wis. Stat. §§ l 25. l2(2)(ag) and 134.65(7), and Franklin Municipal Code $$ 158-9, 121-24, and 102-1 A against H, B & H. LLC, doing business as "On the Border" (hereafter "OTB"). as follows: 1. This complaint is based upon information contained within official records maintained by the City of Franklin, the Franklin Fire Department, and the Franklin Police Department, which the complainant has used in the past and found to be reliable. I. PARTIES, LICENSES, AND PERMIT INFORMATION 2. That the complainant is a resident of the City of Franklin. 3. That for the 2025-2026 license period, H, B, and H, LLC had been issued license No. 25­ 3605 by the City of Franklin. License No. 25-3605 includes the following: a. "Class B" intoxicating liquor license b. Class "B" fermented malt beverage license 1  c. The Entertainment and Amusement License d. Cigarette Sold by Machine License 4. That for the 2026-2027 1icense period starting on July I, 2026 and expiring on June 30, 2027. H, B & H, LLC has been issued license No. 26-4471 which includes the following: a. "Class B" intoxicating liquor license b. Class "B" fermented malt beverage license c. The Entertainment and Amusement License d. Cigarette Sold by Machine License 5. That both license No. 25-3605 and license No. 26-4471 are for the premises located at 10741 S. 27 Street in the City of Franklin, Wisconsin, and doing business as On the Border (OTB"). 6. That both license No. 25-3605 and license No. 26-4471 identify that the licensing agent is Oscar Cobian, as appointed pursuant to Wis. Stat. § 125.04(6)(a) and Franklin Municipal Code§ 185-1. 7. That OTB has been in operation in the City of Franklin since approximately 1996 and the business model has remained consistent as a "gentleman's club" with exotic dancers and alcohol service throughout that time. II. FACTUAL BASIS 8. The Franklin Police Department has been involved in a multi-year investigation into human trafficking and prostitution involving OTB. This investigation was recently identified and disclosed publicly via a criminal complaint filed in Milwaukee County on or about June l 0. 2026. With components of the investigation now public, the Franklin Police Department is able to 2 provide the following information to support this complaint against license no. 26-4471 issued to H, B, and H. LLC, doing business as OTB: Count 1: Prostitution at Licensed Premises 9. That at all times relevant to this complaint Brian Hopkins was a general manager at OTB. He had started working at OTB around 1996 and had subsequently been promoted to the role of general manager and "right-hand man" of one of the owners, Daniel Hay. l 0. Through interviews with Hopkins and through additional investigation. the Franklin Police Department identified that OTB has created a culture where the business and employees knowingly permitted and benefitted from prostitution, human trafficking, and drug use. This became widespread in 2019 to approximately 2024 or later. These practices included: a. Management and ownership identifying to subordinate employees to not worry about prostitution that had been happening within OTB. b. Employees at OTB, including management and security staff, knowing of and financially benefiting from prostitution and human trafficking occurring at OTB. c. That OTB has approximately 10 "VIP" rooms where specific women can and do engage in prostitution. OTB allows and at times encourages female entertainers to get patrons to make cash transactions to book these VIP rooms for the purpose of prostitution. The rooms do have cameras. but the cameras are only live feed and do not record. The rooms are also all fitted with dimmer switches that can lower or tum off the lights within the rooms. These dimmers can be controlled within the rooms or by security or DJs. d. That the permissive practice within OTB that has been promoted by security and management includes staff members identifying patrons who are interested in 3  prostitution services and identifying those patrons to select entertainers. Those entertainers then engage the patron and try and encourage them to rent a VIP room for sexual activity. The patrons and/or entertainer would then pay bouncers or other staff to ensure the lights in the VIP rooms were dimmed so that cameras would not observe the sexual activity, the prostitution would occur, and then after completion of the time and prostitution, the entertainer or patron would potentially provide additional money to OTB staff or bouncers. e. That beyond management and security receiving additional financial compensation to aid in the prostitution, OTB itself collects financial proceeds from these "VIP" room rentals and splits the end payout between staff and the entertainer/female prostitute. f. That many ofthe women interviewed by police and associated with the prostitution activities or human trafficking within OTB identified that bouncers were paid to turn off the lights in VIP rooms so that prostitution activities could occur. Nearly all of the victims of the trafficking identified this same practice within OTB, including paying offcertain individuals to ensure the prostitution could occur. One female victim even identified that she had performed a sex act with the lights on and was told by management that she could only do so with the lights down. g. That Brian Hopkins would take cash payments from known pimps in order to have trafficked women installed into OTB and or continue working at OTB and engage in prostitution activities. 11. That Hopkins also admitted to Police that he was aware that prostitution was occurring at OTB while he was managing the establishment. He was told by ownership not to worry about the 4 prostitution. Hopkins admitted that prostitution increased at OTB around 2018 or 2019. Hopkins stated he originally pushed back against the practice, but once it became clear ownership was not concerned, he stopped trying to enforce precautions or rules. Hopkins further stated that "all of us" knew or were aware that prostitution was occurring at OTB. 12. That through this multi-year investigation, Police reported that OTB had been discussed within an online forum that identifies locations where prostitution occurs. This forum included alleged testimonials of sex acts following the patterns identified in paragraph 10 of this complaint. The posts identified ranged from December 2023 through October of 2024. These forums include infonnation such as "with the passing of Danny last month, I recently heard from some of the girls that some changes have been instituted over the past few days at On the Border. Apparently tipping security no longer ensures that the lights can be turned off in the VIP rooms anymore." 13. That the Franklin Police Department aided in searching the trash from OTB on or about March 27, 2023. This search revealed 14 condom wrappers and three used condoms within OTB's trash. Statements from OTB staff also confirmed that the premises had maintained a condom vending machine in the restroom until approximately 2024 and that used condoms had been found within a VIP room. Count 2: Drug Activity 14. Through their investigation, the Franklin Police Department was made aware that drug dealing has been known to occur at OTB, specifically marijuana, cocaine and heroin. 15. That Hopkins stated that staff has previously administered Narcan. a medication that can reverse opioid overdoses, to dancers in response to an apparent overdose. 16. That on or about October 14, 2025, emergency services were dispatched to OTB related to an overdose incident for a female at the establishment. 5  Count 3: Staff Incident 17. That on or about January 27, 2025, an identified citizen witness had contacted police about being physically attacked by staff at OTB regarding a dispute about payment for a VIP room. Police reviewed surveillance video of the incident. The video depicts at least five employees of OTB fighting three patrons. These OTB employees were charged with criminal offenses related to their involvement. The charges have resulted in criminal convictions for the employees involved in the fight at the licensed premises. 18. Police also investigated an incident from the same night where the OTB employees identified an uninvolved male party who had recorded a video of the fight on January 27, 2025. Several OTB employees also attacked this individual, took his phone, and deleted the video he had recorded of the fight. Count 4: Service to Intoxicated Persons 19. That the Franklin Police Department investigated a potential fraud or theft complaint at OTB on or about April 17. 2025. The underlying complainant believed he may have been drugged at OTB before having money stolen from him. To investigate this complaint, police reviewed camera footage of the complainant within the establishment. This camera footage showed the complainant had been served at least six alcoholic mixed drinks and a shot while at OTB. Police reported that the level of intoxication over the six or more drinks increased and that the individual appeared heavily intoxicated to the extent that bar staff was required to assist him in obtaining more money from ATM and signing receipts for purchases at the bar. Ultimately police determined there was insufficient information to support the fraud complaint. 6 20. That on or about October 5, 2025. Franklin Police were dispatched to OTB regarding a female bar patron that had barricaded herself in the bathroom. Police identified this woman and detennined that she was intoxicated. 21. That on or about November 22, 2025, Franklin Police were dispatched to OTB regarding an intoxicated person refusing to leave. Police responded and identified the subject as intoxicated and refusing to pay his bill for the drinks and entertainment at OTB that evening. 22. That on or about February 18, 2026, Franklin Police were dispatched to OTB regarding a potential sexual assault at the establishment. Through this investigation police spoke with the citizen complainant, a non-employee, who identified that the patron who had grabbed her was intoxicated. Police investigated the complaint and identified that a subject who they observed to be "stumbling" out of the bar and into a vehicle in the parking lot was the person of interest. This individual was determined to be heavily intoxicated at the bar. Count 5: Disorderly House 23. That during the time of the underlying investigation identified in count one, approximately 2018-2026, there have been approximately 91 calls for Police Services to OTB. Those calls for service identified by Franklin Police Department are as follows: Case Number Date of Incident Case Type 26-004907 3/21/2026 Fraud 26-003983 3/8/2026 Suspicious Circumstances 26-002924 2/18/2026 Sex Offense 26-001011 1/16/2026 Theft 25-025450 12/3/2025 Threat complaint 25-024731 11/22/2025 Trouble Customer 7 25-024282 11/15/2025 Trouble Customer 25-023615 11/4/2025 Threat Complaint 25-022123 10/14/2025 Rescue/Overdose 25-021479 10/5/2025 Trouble Customer 25-017836 8/19/2025 Fraud 25-014531 6/20/2025 Sex Offense 25-008361 4/19/2025 Theft/Fraud 25-001998 1/27/2025 Substantial Battery 25-002978 1/27/2025 Battery/False Imprison 24-031990 11/27/2025 DC, Resisting 24-028194 10/13/2024 Theft 24-027515 10/6/2024 Theft/Fraud 24-027038 10/1/2024 DC, Battery to LEO 24-019895 7/21/2024 DC, Poss of Drug Para 24-019090 7/14/2024 Rescue/ Overdose 24-016840 6/19/2024 51.45 High Intox 24-010812 4/22/2024 Suicide 24-006633 3/10/2024 Vehicle Fire 24-004270 2/13/2024 Warrant Arrest 24-001867 1/20/2024 Theft/Fraud 23-028398 12/13/2023 Theft/Fraud 23-020497 9/15/2023 ALPR/Flock Hit 23-018705 8/26/2023 Trouble Call, Warrant 23-014918 7/10/2023 Battery 8 23-014251 7/2/2023 DC/Weapons 23-009595 5/9/2023 Rescue/Battery 23-008728 4/27/2023 Fraud 23-002740 2/8/2023 Warrant Arrest 23-000197 1/4/2023 Fraud/Theft 22-029189 12/7/2022 Hit and Run Crash 22-028712 11/30/2022 ESBUDW/Point and Aiming 22-028496 11/27/2022 Poss w/Intent, CCW 22-028341 11/25/2022 DC/Battery 22-022776 9/18/2022 Point Aiming 22-021643 9/5/2022 Poss of Marijuana 22-021492 9/3/2022 Battery 22-020870 8/29/2022 Overdose 22-009979 4/28/2022 O.D, Poss ofCocaine 22-005964 3/10/2022 Warrant, Obstructing 22-004045 2/15/2022 DC, Eluding 22-003831 2/12/2022 Battery 22-002962 2/2/2022 DC 22-002261 1/24/2022 Theft 22-000006 1/1/2022 MY Theft 21-029661 12/19/2021 Battery 21-025673 11/13/2021 Poss of Drug Para 21-022452 10/9/2021 Warrant 21-019883 9/9/2021 Fraud on Innkeeper 9 21-019485 9/4/2021 Theft 21-012133 6/10/2021 Recovered prop Parapher 21-010777 $/25/2021 RES- Shooting 21-008369 4/25/2021 OWi 21-007849 4/18/2021 Warrant 21-007789 4/17/2021 DV/DC 21-005688 3/17/2021 Warrant 21-005180 3/10/2021 OWI, Poss Narco Drug 21-001242 1/19/2021 Poss of Marijuana 21-001237 1/19/2021 DV-Battery 21-000475 l/8/2021 stolen property 20-030!05 11/29/2020 OWI 20-029215 11/17/2020 OWI 20-027408 10/27/2020 OWi 20-020539 8/1/2020 Receive Stolen Property 20-016596 6/19/2020 Fraud on [nnkeeper, DC Threats 20-016118 6/14/2020 DY-Battery 19-028441 10/27/2019 Fraud on Innkeeper, DC/Resisting 19-028429 10/26/2019 Battery 19-022416 8/22/2019 Fraud on Inkeeper 19-022003 8/19/2019 OWI, Poss of Cocaine 19-019789 7/28/2019 Warrant 19-019422 7/24/2019 Capture nude image 19-013164 5/22/2019 DC 10  19-012640 5/17/2019 Poss of Marijuana and Para 19-008912 4/8/2019 Aggravated Battery 19-008842 4/7/2019 Warrant 19-008104 3/30/2019 Poss ofMarijuana, CCW 19-004857 2/24/2019 Poss of Marijuana 19-004292 2/19/2019 Theft 19-001022 1/13/2019 Warrant 19-000358 l/5/2019 DC 18-026966 11/4/2018 DC 18-026777 11/2/2018 Battery 18-025748 10/22/2018 Fraud on Innkeeper, DC. Batt 18-014777 6/22/2018 OWi 18-010414 5/5/2018 Battery, Obstructing 24. These calls for service do not demonstrate whether or not enforcement action was taken by the Franklin Police Department against OTB, but instead demonstrates the frequency and nature of calls for service that police must respond to related to OTB between 2018 and 2026 and the impact on the general community based on the practices and issues at OTB. III. VIOLATIONS OF STATE LAW AND LOCAL CODE: REVOCATION, SUSPENSION, OR NONRENEWAL A. Suspension. Revocation, or Nonrenewal of "Class B" Intoxicating Liquor License and Class "B" Fermented Malt Beverage License: The "Class B Intoxicating Liquor License and Class "B" Fermented Malt Beverage License issued within license no. 26-4471 to H, B & H, LLC, doing business as "On the Border" for the licensed premises at 10741 S. 27th Street, is subject to suspension, revocation, or non- 11 renewal pursuant to Wis. Stat.§ 125.12(2) and Franklin Municipal Code $ 158-9, based upon the following: 1. H, B, and H, LLC is in violation ofWis. Stat. $$ 125.12(2)ag)1 and 125.07(2)(a) l, and Franklin Municipal Code $ 158-1, for procuring, selling, dispensing, or giving away alcohol to persons who are intoxicated based upon Count 4 ofthis Complaint. 2. H, B, and H, LLC is in violation of Wis. Stat. $ 125. l 2(2)(ag)2 for maintaining a disorderly or riotous indecent or improper house based upon: a. Count 1 relating to the establishment allowing prostitution and human trafficking at the licensed premises from at least 2019-2024 and later. b. Count 3 relating to a significant fight at the establishment that resulted in employees ofOTB being charged and convicted for criminal battery. c. Count 5 relating to the frequency and nature ofthe calls for service associated with OTB from 2018-2026, including various police investigations of disorderly conduct, fights, sexual activity, drug activity, and fraud, all ofwhich demonstrate OTB is a disorderly or riotous, indecent or improper house. 3. H,Band H, LLC is in violation of Wis. Stat. $ 125.122)ag)6 for knowingly allowing another person on the premises to possess, distribute, or deliver a controlled substance or controlled substance analog based upon Count 2 of the Complaint. B. Suspension, Revocation, or Nonrenewal ofthe Entertainment and Amusement License: The Entertainment and Amusement license within license no. 26-4471 issued to H, B & H, LLC, doing business as "On the Border" for the licensed premises at 10741 S. 27th Street. is 12 subject to suspension, revocation, or non-renewal pursuant to Franklin Municipal Code $ 121-24 based upon the following: 1. Suspension, revocation, or denial of re-issuance of the Entertainment and Amusement license is in the best interest and for the good order of the city based upon Count 1, 2, 3,4, and 5of this complaint. These violations individually and together demonstrate the negative impact this establishment has on the City and continued operation with the Entertainment and Amusement license is not for the good order of the city. 2. That suspension or revocation of the Entertainment and Amusement license is appropriate when the licensee is in violation of any of the Franklin Municipal Ordinances relevant to operation of said business. OTB is in violation of Franklin Municipal code § 183-57 for operating a house of prostitution as alleged in Count 1 of this complaint. $183-23 A for allowing the possession or sale of controlled substances as alleged in Count 2 of the complaint. $$ 183-49 and 183-58 for allowing disorderly behavior or battery to occur by employees as alleged in Count 3 of the complaint, and $ 158-1 for sales to intoxicated persons as alleged in Count 5 of this complaint. C. Suspension, Revocation or Nonrenewal of Cigarette License The Cigarette License within license no. 26-4471 issued to H, B & H, LLC, doing business as "On the Border" for the licensed premises at 10741 S. 27th Street, is subject to suspension, revocation, or non-renewal pursuant to Wis. Stat. § 134.65(7) and Franklin Municipal Code $ 102­ 1 A based upon the following: 13  1. Violation of Wis. Stat. § 134.65(7)(a)2 because the premise is disorderly, riotous, indecent, or improper as alleged in Counts 1, 2, 3, 4, and 5 of the complaint. 2. Violation of Wis. Stat. $ 134.65(7)(a)3 for knowingly permitting criminal behavior including prostitution, to occur on the licensed premises, as alleged in Counts 1, 2, 3, and 4 ofthe complaint. 3. Violation of Wis. Stat. § 134.65(7)(a)5 for knowingly allowing another person to possess with the intent to deliver or distribute a controlled substance as alleged in Count 2 ofthe complaint. WHEREFORE, the complainant requests that the licensee named herein, H, B and H, LLC, doing business as "On the Border," by licensing agent Oscar Cobain. be summoned to appear before the License Committee ofthe Franklin Common Council to answer this complaint, and, if the material allegations in the complaint are denied, that a hearing be held to determine whether the licenses issued to H, Band H, LLC within license no. 26-4471 should be revoked, suspended, or non-renewed. Dated this 2nd day of July, 2026. By:~ Asst±c aircniiEe.si cs Franklin Police Department Subscribed and sworn to before me thisZ day -A--i ,2026. (Nam Notary Pae, ate or wiseon", , My Commission expires: 0/i ZzI t"o.:50 14