LICENSES COMMITTEE

City Hall City of Milwaukee 200 East Wells Street Milwaukee, WI 53202 Meeting Minutes LICENSES COMMITTEE ALD. NIK KOVAC, CHAIR Ald. Terry L. Witkowski, Vice-Chair Ald. Milele A. Coggs, Ald. Chantia Lewis and Ald. Nikiya Dodd Staff Assistant, Molly Kuether-Steele, 286-2775 Fax: 286-3456, molly.kuether-steele@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 286-2262, joster@milwaukee.gov Wednesday, November 14, 2018 9:00 AM Room 301-B, City Hall The meeting convened at 9:16 AM Ald. Lewis joined the meeting at 9:19 AM Present 5 - Kovac, Witkowski, Coggs, Lewis, Dodd 1. 180896 Motion relating to the recommendations of the Licenses Committee relative to licenses. Sponsors: THE CHAIR 12 DE PALMA, Monica J, Agent for "MJ DePalma,LLC", Class B Tavern and Public Entertainment Premises License Applications Requesting Jukebox, 8 Amusement Machines, and Skeetball for "The Dark Horse" at 1517 S 2ND St. Appearing with the applicant: Atty. Jason Clearman Individual also present: Ald. Perez stated he has no objections. Ald. Witkowski moved approval. (Prevailed 4-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Coggs and Dodd No 0 Excused 1- Lewis 12 PEREZ MARTINEZ, Toribio, Agent for "Taqueria El Toro LLC", Class B Tavern License Application for "Taqueria El Toro LLC" at 551 W Historic Mitchell St. Individual present: Ald. Perez Ald. Coggs moved to hold to the call of the chair based no nonappearance. (Prevailed 4-0) Ald. Witkowski moved reconsideration. (Prevailed 5-0) Appearing with the applicant as interpreter: Joanna Polanco City of Milwaukee Page 1 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Individual also present: Ald. Perez stated he has no objections. Ald. Witkowski moved approval. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 12 TOSADO, Jasmyn M, Agent for "TOSADO LLC", Class B Tavern, Food Dealer, and Public Entertainment Premises License Applications Requesting Jukebox, Patrons Dancing, and 2 Amusement Machines for "Don Pedro's" at 1979 S 15TH St. Individual also present: Ald. Perez stated he has no objections. Ald. Lewis moved approval. (Prevailed 5-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 13 IVERSON, Miles L, Agent for "Cale Miles LLC", Class B Tavern License Application for "CMP Tactical Lazertag" at 4905 S Howell Av. Ald. Witkowski moved approval. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 13 KROHN, Jon E, Agent for "Jet Intermodal Inc", Recycling, Salvaging, or Towing Premises License Renewal Application with Change of Shareholder for "Jet Intermodal/ Jet Repair Services" at 1125 W WATERFORD Av. (Expired 9/30/2018) Ald. Witkowski moved approval. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 03 RIDDLE, Rebecca M, Agent for "Hangout MKE Cafe & Lounge Co", Class B Tavern-Service Bar Only, Public Entertainment Premises, Food Dealer, and Weights & Measures License Applications Requesting Instrumental Musicians, Bands, Disc Jockey, Karaoke, Poetry Readings, Comedy Acts, 1 Pool Table, and Art Events for "Hangout MKE" at 1819 N Farwell Av. The applicant stated she would like to close at 12 AM, if there is good business after 11 PM. She stated that she is a musician and art teacher, and has been in food service for 15 years. Individual present in opposition: Lawrence Zieger 1550 E Royal Pl Unit 903 stated there was confusion about what the hours and use of the premises would be. He stated the applicant is an amateur trying to become a professional. He stated he is concerned about noise and parking. City of Milwaukee Page 2 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Individual present in support: Claude S Mayer 1550 E Royal Pl Unit 713 stated his is in support and he believes the establishment can be good for the neighborhood because the storefront has been vacant for 11 years. Ald. Kovac stated at the neighborhood meeting 15 people were in support, and 2 people were in opposition, including Mr. Zieger. Ald. Coggs moved approval. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 03 VITUCCI, Julie A, Agent for "VITUCCI'S, INC", Class B Tavern, Food Dealer, Public Entertainment Premises, and Sidewalk Dining License Transfer Applications with Change of Agent for "VITUCCI'S COCKTAIL LOUNGE" at 1832 E NORTH Av. The applicant stated she lives within 2 miles of the business and her son Angelo is the manager. She stated that she was not present during the overcapacity incidents. She stated that in the interim she could be the manager, while Angelo takes the classes. Appearing with the applicant: Atty. Kendrick Yandell stated Angelo thought he applied for the Class B manager's license, but there is no application on file. He stated that there were 3 incidents were underage police aides were denied access. He added that there is a small window of time where unfortunate incidents occurred. He stated that new security staff was hired and every month they turn over a box of fake IDs to the police. He stated that there has been a decline in bars on North Ave. Ald. Coggs stated Angelo is probably not ready to manage the bar yet. Ald. Kovac stated this police report warrants a suspension, but that option is not on the table now, but could be at the renewal in June. Ald. Witkowski moved approval. (Prevailed 4-0-1, Ald. Lewis abstaining) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Coggs and Dodd No 0 Abstain 1- Lewis 08 HERNANDEZ-GASPAR, Monica, Agent for "La Caleta LLC", Class B Tavern, Food Dealer, and Public Entertainment Premises License Renewal Applications for "La Caleta Restaurant & Bar" at 1801 S Muskego Av. (Expired 10/12/2018) The applicant stated she will hire a new security company because they were causing problems, and she is hiring a new company tomorrow. Individual also present: Patricia Doherty - 8th District Legislative Assistant stated Ald. Donovan was concerned about the incidents at the bar and met with the applicant, and recommends a warning letter. Ald. Coggs moved approval with a warning letter based on the police report, holding issuance until a contract with a new security company is provided. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This City of Milwaukee Page 3 LICENSES COMMITTEE Meeting Minutes November 14, 2018 motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 05 JAISWAL, Punit, Agent for "KAREENA & LEENA LLC", Extended Hours Establishments, Food Dealer, Filling Station, and Weights & Measures License Renewal Applications for "ANDYS AT LOVERS LANE" at 5401 N LOVERS LANE Rd. (Expires 11/16/2018) The applicant stated he enrolled in the MARTS program and spoke with the employee who sold the tobacco to the minor. Ald. Dodd moved approval. (Prevailed 5-0) A motion was made by ALD. DODD that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 10 JARABA, Jafar, Agent for "Sadeel, LLC", Class A Malt and Food Dealer License Renewal Applications for "Full House Grocery" at 5602 W Burleigh St. (Expires 12/18/2018) The applicant stated his employees were selling single cigarettes, but when he found out he told his employees to stop. Appearing with the applicant: Atty. Vincent Bobot stated the employee who sold the tobacco to a minor is still employed, and the applicant was cooperative with the police regarding the shooting incident. Individual also present: Ald. Murphy stated the applicant hasn't has many complaints. Individual present in opposition: Steven May 3249 N 54th St stated he has seen employees sell loose cigarettes to customers 8-12 times with the last time being late summer. Individual present in support: Xavier Thomas 8920 W Center St stated this store has a lot of options for food. Gary Lathan 5620 W Auer Ave stated he shops at the store. Ald. Witkowski moved approval with a warning letter based on the police report and neighborhood testimony. (Prevailed 4-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Coggs and Lewis No 0 Excused 1- Dodd 10 NUNEZ, Juan, Agent for "Advance Motor Sales LLC", Secondhand Motor Vehicle Dealer's License Application for "Advance Motor Sales" at 5616 W LISBON Av. The applicant stated he has a contract for landscaping and trash removal. Individual also present: Ald. Murphy stated the applicant needs to maintain the lot. Ald. Lewis moved approval. (Prevailed 4-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: City of Milwaukee Page 4 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Aye 4- Kovac, Witkowski, Coggs and Lewis No 0 Excused 1- Dodd 09 HUDSON, Patrick D, Agent for "Irie Palace LLC", Class B Tavern, Food Dealer, and Public Entertainment Premises License Renewal Applications with Change of Entertainment Adding 5 Amusement Machines and 1 Pool Table for "Irie Palace" at 8762 N Granville Rd. (Expires 12/7/2018) The applicant stated the amusement machines and pool tables were there previously. Ald. Lewis stated she has not had any complaints. Ald. Lewis moved approval. (Prevailed 3-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 3- Witkowski, Coggs and Lewis No 0 Excused 2- Kovac and Dodd 09 SHAHZAD, Muhammad, Agent for "Shahzad Enterprise, LLC", Extended Hours Establishments and Food Dealer License Renewal Applications for "BP On Brown Deer" at 9026 W Brown Deer Rd. (Expired 8/5/2018) Appearing with the applicant: Atty. Vincent Bobot stated the applicant will no longer purchase tobacco products from an unlicensed dealer. Ald. Lewis state she has received complaints from neighbors and community organizations, and would like the applicant to enroll in the MARTS program. Ald. Lewis moved approval with a warning letter based on the police report and aldermanic testimony. (Prevailed 4-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Lewis and Dodd No 0 Excused 1- Coggs 09 TABOR, Joseph E Secondhand Motor Vehicle Dealer's License Application for "Joe On The Go Automotive" at 8245 W BROWN DEER Rd. The applicant stated he has parking for 4 cars. He provided a diagram and stated he will be hiring a security company. Ald. Lewis moved to enter in to the record as exhibit #1 the diagram from the applicant. (Prevailed 4-0) Ald. Lewis stated she is concerned about security and vandalism for the lot. Ald. Lewis moved to hold to the call of the chair to meet with the applicant. (Prevailed 4-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Lewis and Dodd No 0 City of Milwaukee Page 5 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Excused 1- Coggs 07 DHINDSA, Amandeep K, Agent for "Indertip Corp", Class A Malt & Class A Liquor License Application for "Vienna Mini Mart" at 3801 N 39th St. Appearing with the applicant: Atty. James Turan stated the applicant is withdrawing the application. Individual also present: Sherman Morton - 7th District Legislative Assistant Ald. Witkowski moved to accept the withdrawal of the application. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 04 CORREA, Maikel, Agent for "Milwaukee Athletic Club", Class B Tavern and Food Dealer License Applications for "Milwaukee Athletic Club" at 731 N WATER St #190. The applicant stated he is the manager and this is a temporary location because of the renovation. Individual also present: Ald. Bauman stated he has no objections. Ald. Coggs moved approval. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 04 HOLLINGSWORTH, Devonzell, Agent for "Crab It Your Way, LLC", Class B Tavern and Food Dealer License Applications for "Crab It Your Way" at 823 N 2ND St #100. Individual also present: Ald. Bauman stated he met with the applicant has no objections. Ald. Witkowski moved approval. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 04 PAGET, Sr, Bernard, Agent for "TRIPLE CROWN, INC", Class B Tavern and Public Entertainment Premises License Renewal Applications for "BUCK BRADLEY'S EATERY & SALOON" at 1019 N OLD WORLD THIRD St. (Expires 12/17/2018) Appearing on behalf of the applicant: Walter Paget stated the employee in the police report has been fired. Atty. Vincent Bobot Individual also present: Ald. Bauman stated he has no objections. Ald. Witkowski moved approval. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: City of Milwaukee Page 6 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 04 PAGET, Walter, Agent for "TRIPLE CROWN, INC", Food Dealer and Sidewalk Dining License Renewal Applications for "BUCK BRADLEY'S EATERY & SALOON" at 1019 N OLD WORLD THIRD St. (Expires 12/17/2018) Appearing with the applicant: Atty. Vincent Bobot Individual also present: Ald. Bauman stated he has no objections. Ald. Witkowski moved approval. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 04 ABULAWI, Ahlam, Agent for "Sila Group, LLC", Food Dealer License Application for "One Stop Only" at 3443 W Wells St. Appearing with the applicant: Atty. Vincent Bobot he provided 15 photos taken by the applicant in September. Ald. Witkowski moved to enter in to the record as exhibit #1 the 15 photos provided by Atty. Bobot. Individual also present: Ald. Bauman stated this is a food dealer license, not a liquor license. He stated there seemed to be issues of selling tobacco and K2, but all investigations have been resolved. He stated that he has no objections. There were 10 neighbors present in support. Ald. Coggs moved approval. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 04 MCLEAN, Joseph, Agent for "Charro Latino, LLC", Class B Tavern, Food Dealer, Public Entertainment Premises, and Sidewalk Dining License Renewal Applications for "The Garden/Lucid" at 725-729 N Milwaukee St. (Expires 12/28/2018) The applicant stated they put in noise proofing with insulation. He stated the door men help clean up the trash and there are closing procedures in place. He stated they have moved the speakers around to help with the noise. He stated they had their AV guy come in and turn the music down as much as possible. Appearing with the applicant: Atty. Sean Finnegan stated people use The Garden from time to time for overflow purposes. He stated that because a wall is shared that can contribute to the noise. He stated the complainants can call the manager regarding noise complaints. He stated they have been working with sound technicians to try and mitigate the volume. He stated that additional steps can be taken for sound engineering and they can meet with the neighbors regarding the noise. He stated they can meet with an architect regarding the historical nature of the building and volume. He stated he has heard from some neighbors that older windows can be an issue. He stated one of the complainants did not contact the premises, so they cannot address issues they are City of Milwaukee Page 7 LICENSES COMMITTEE Meeting Minutes November 14, 2018 unaware of. He stated they can look in to sound engineering and want to make sure people on Milwaukee St are happy. He stated they can work with the homeowners next door and doesn't think a suspension is appropriate. Individual present in opposition: Jameson Snider 715 N Milwaukee St Unit 215 stated he moved in in April and the bass is loud and he can feel his walls vibrating from 10 PM- 2 AM every day that the premises is open. He stated there was no resolution after 3 months and communicating every other week. He stated he has called the police numerous times regarding noise issues in October and November. He stated the police showed up and he requested a citation be issued. He stated he is 3 store fronts away and more than 50 ft, but the police never entered his home to hear the music or feel the bass. He stated there are ADA concerns because there was a canopy obstructing the entire sidewalk with only 2 ft to walk and sometimes there are theater ropes up. He stated the canopy has come down and it's a little dicey walking around after midnight with people thinking others are cutting the line. He added there is trash and vomit after Friday and Saturday nights. He stated that he was told by the premises that sound proofing is expensive and he has trouble sleeping. Erin Donnegan 715 N Milwaukee St Unit 304 stated the club noise has gotten worse over the past year and her quality of life has decreased drastically. She stated the noise through the wall is so loud and clear she can hear the words to songs and what the DJ is saying. She added that the bass vibrates her walls. She stated she is unable to get enough sleep because of the noise, and earplugs or headphones do not work. She stated she can feel the bass in her bed at night. She stated when she moved in The Garden was only used for special events, but now it's open every night for overflow. She stated she called the police and they responded. She stated the noise is every Thursday-Saturday. Individuals present in support: Jacqueline Bornek 715 N Milwaukee St Unit 305 stated she had her windows replaced in September and she does not have any shared walls with the premises. She stated there was a lot of noise before her windows were replaced. She stated she can hear mild bass, but it has not affected her. She stated she has had issues with people parking in the alley, but the manager is responsive and offer her their parking space. She stated she doesn't want any more vacant storefronts on Milwaukee St. She stated her bedroom is adjacent to the premises and she could hear bass and people yelling in the alley before she replaced her windows Reynaldo Franklin 826 N Cass St stated he is the head security guard outside and his employees clean up prior to leaving on Thursday, Friday, and Saturday. He stated the canopy is for weather purposes only and leaves 5 ft of space to walk and wheelchairs can get through. He stated the canopy and ropes are not up all night. He stated complainants should contact the manager. He stated the premises is a safe and fun environment for everyone. Individual also present: Ald. Bauman stated there was testimony from two very credible witnesses about the noise who have no economic interest in the premises, who just want to live next door, live their lives, and sleep a normal amount of sleep. He stated there is nothing they can do to quietly enjoy their homes. He stated it is totally unacceptable that the noise is affecting their quality of life. He stated the sound proofing of the premises needs to be completely reengineered. He recommends a 30 day suspension. Ald. Coggs stated she hopes that the owner is responsive to resident complaints and isn't blocking the sidewalk or impeding the ability for people to walk down the sidewalk. She asked if anyone has been brought in to address noise mitigation. Ald. Witkowski stated there have been two written warnings for the premises previously. Ald. Witkowski moved approval with a 15 day suspension based on neighborhood testimony. (Prevailed 3-1-1, Ald. Coggs voting no, Ald. Lewis abstaining) City of Milwaukee Page 8 LICENSES COMMITTEE Meeting Minutes November 14, 2018 A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 3- Kovac, Witkowski and Dodd No 1- Coggs Abstain 1- Lewis 04 NAPOLES CARRERA, Arturo, Agent for "NACAR LLC", Class B Tavern License Application for "Riverfront Pizzeria Bar & Grill" at 509 E ERIE St. The applicant stated he is purchasing the business. Individual also present: Ald. Bauman stated he has no objections. Ald. Witkowski moved approval. (Prevailed 4-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Coggs and Dodd No 0 Excused 1- Lewis 04 STYKE, Michael J, Agent for "3rd Coast Parking LLC", Parking Lot or Place License Application for "3rd Coast Parking LLC" at 746-752 N OLD WORLD THIRD St. Individual also present: Ald. Bauman stated he has no objections. Ald. Dodd moved approval. (Prevailed 4-0) A motion was made by ALD. DODD that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Coggs and Dodd No 0 Excused 1- Lewis 06 DHINDSA, Inderjit S, Agent for "SUNPRI CORP", Class A Malt & Class A Liquor and Food Dealer License Renewal Applications for "CORNER LIQUOR" at 3500 N PORT WASHINGTON Av. (Expires 12/11/2018) Appearing with the applicant: Atty. James Turan stated the employee will no longer be working at this location. Ald. Coggs moved approval with a warning letter based on the police report. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 15 SINGH, Harjinder, Agent for "1341 CENTER ST INC", Extended Hours Establishments, Food Dealer, Filling Station, and Weights & Measures License Renewal Applications for "CENTER PETRO MART" at 1341 W CENTER St. (Expires 12/18/2018) The applicant stated all the incidents involve the same kids and the police asked him City of Milwaukee Page 9 LICENSES COMMITTEE Meeting Minutes November 14, 2018 what the names were. Appearing with the applicant: Atty. Emil Obviagele stated the applicant has been in business for 10 years and for each incident he has called the police. He added that the applicant has hired a security guard and a private investigator. Individual also present: Dameon Ellzey - 15th District Legislative Assistant stated some of the issues can be handled by the applicant. He stated Ald. Stamper wants the applicant to enroll in the MARTs program. Ald. Lewis moved approval. (Prevailed 5-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 The meeting recessed at 12:39 PM The meeting reconvened at 1:30 PM 180896 Motion relating to the recommendations of the Licenses Committee relative to licenses. Sponsors: THE CHAIR ALBANO, Michael J, Class D Operator's License Renewal Application. (Expires 12/31/2018) The applicant stated he owns Angelo's Pizza and he forgot to take his concealed weapon out of his car before he started to drive. He stated that he had a few drinks before he got in to his truck. Ald. Witkowski moved approval with a warning letter based on the police report. (Prevailed 4-1, Ald. Coggs voting no) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Lewis and Dodd No 1- Coggs BOWIE, Latoya, Class D Operator's License Application. The applicant stated she made a payment towards her fine last month. Ald. Witkowski moved approval holding issuance until payment on the fines is made. (Prevailed 3-1-1, Ald. Coggs voting no, Ald. Lewis abstaining) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 3- Kovac, Witkowski and Dodd No 1- Coggs Abstain 1- Lewis GAINER, Kaitlin N, Class D Operator's License Application. City of Milwaukee Page 10 LICENSES COMMITTEE Meeting Minutes November 14, 2018 The applicant stated she completed an AODA program and is currently employed and in school. She stated needs this license for work. Ald. Dodd moved approval. (Prevailed 3-2, Alds. Witkowski and Coggs voting no) A motion was made by ALD. DODD that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 3- Kovac, Lewis and Dodd No 2- Witkowski and Coggs HAMILTON-SMITH, Brandon J, Class D Operator's License Renewal Application. (Expired 12/31/2017) Ald. Lewis moved denial based on second nonappearance. (Prevailed 5-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 KINDEL, Stephanie J, Class D Operator's License Application. The applicant stated she has a new court date and her daughter has medical problems and that's why she misses school. She stated she needs the license for work. Ald. Dodd moved approval. (Prevailed 5-0) A motion was made by ALD. DODD that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 YOUNG, Tracy L, Class D Operator's License Renewal Application. (Expires 12/31/2018) The applicant stated he and his wife own a liquor store and his wife left the firearm under the counter. Ald. Dodd moved approval with a warning letter based on the police report. (Prevailed 5-0) A motion was made by ALD. DODD that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 PRESSLEY, Christian D, Agent for "C.D. Pressley, L.L.C.", Home Improvement Contractor's License Application for "C.D. Pressley, L.L.C.". Ald. Coggs moved denial based on second nonappearance. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 01 BRAICH, Harjinder S, Agent for "Loves Supermarket II LLC", Class A Malt & Class A Liquor License Renewal Application for "Loves Supermarket II LLC" at 2305 W Atkinson Av. (Expires 12/15/2018) City of Milwaukee Page 11 LICENSES COMMITTEE Meeting Minutes November 14, 2018 The applicant stated he no longer lets people loiter in his parking lot. Appearing with the applicant: Atty. Vincent Bobot stated a private investigator was hired who spoke with 60 residents about issues with the premises. He stated that littering has been addressed by employees and no loitering signs have been posted. He stated the applicant is willing to hire security and pursue restraining orders. Individual also present: Ptosha Davis, 1st District Staff Assistant stated there have been numerous complaints from residents about trash. Ald. Witkowski moved to hold to the call of the chair to wait for Pres. Hamilton. (Prevailed 5-0) Ald. Witkowski moved reconsideration. (Prevailed 5-0) Individual also present: Pres. Hamilton stated during a neighborhood walk there were concerns about loitering, patrons harassing passersby, BBQs, and people selling things in the parking lot. He stated the previous liquor store was able to operate without these issues. He stated there needs to be a long range commitment to solving these problems. He recommends a warning letter. Ald. Witkowski moved approval with a warning letter based on aldermanic testimony. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 01 SMITH, Calvin L, Agent for "Poppa C's Food Market LLC", Food Dealer License Renewal Application for "Poppa C's Food Market" at 5022 W HAMPTON Av. (Expired 11/1/2018) The applicant stated a regular customer came to his store and he wasn't there at the time. When he got to the store he spoke with his employee. He added that he fired that employee and emailed the video to the police. Individual also present: Pres. Hamilton stated he has visited the store many times and there haven't been issues with loitering. He added that the applicant was responsive to litter complaints. Ald. Witkowski moved approval with a warning letter based on the police report. (Prevailed 5-0) A motion was made by ALD. WITKOWSKI that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 14 MARTINEZ BRAVO, Laura, Agent for "La Lunchera Restaurante & Taqueria LLC", Class B Tavern-Service Bar Only License Application for "La Lunchera Restaurante & Taqueria" at 2940 S 13th St. The applicant stated she met with Ald. Zielinski and made all the changes he requested. Individual also present: Ald. Zielinski stated he had no objections. Ald. Coggs moved approval. (Prevailed 5-0) A motion was made by ALD. COGGS that this Motion be AMENDED. This City of Milwaukee Page 12 LICENSES COMMITTEE Meeting Minutes November 14, 2018 motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 14 VIDRIO, Jose S, Agent for "El Relajo LLC", Class B Tavern and Public Entertainment Premises License Transfer Applications with Change of Agent, Shareholder, and Entertainment Adding Karaoke, Bands, and Disc Jockey for "El Relajo" at 733 W Oklahoma Av. Appearing with the applicant: Jorge Martinez 1451 W Hadley St Individual also present: Ald. Zielinski stated he met with the applicant and has no objections provided they remove bands and disc jockey. Ald. Coggs moved to amend the applicant to remove bands and disc jockey. (Prevailed 5-0) Individual present in support: Michelle Jensen 3440 S 10th St stated she met with the applicant and is in support. Ald. Lewis moved approval as amended. (Prevailed 5-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 Agenda Only 04 KEMPLE, Matthew S, Agent for "Milwaukee Comedy LLC", Class B Tavern and Public Entertainment Premises License Renewal Applications with Change of Hours Adding Sun 12 PM-7 PM and Mon 6 PM-8 PM and Lowering Capacity from 318 to 299 for "Underground Collaborative" at 161 W Wisconsin Av #L1100. Ald. Dodd moved approval. (Prevailed 5-0) 04 LEE, Ernie E, Agent for "J&B Madison Inc", Class C Wine and Class B Beer License Renewal Applications Removing Stockholder for "Maki Yaki" at 1616 W Wisconsin Av. Ald. Dodd moved approval. (Prevailed 5-0) 04 PHOUNGPHOL, Derek E, Agent for "THE KING AND I RESTAURANT, INC", Class B Tavern and Food Dealer License Renewal Applications with Change of Stock for "THE KING AND I RESTAURANT" at 830 N OLD WORLD THIRD St. Ald. Dodd moved approval. (Prevailed 5-0) 04 WRIGHT, Kevin S, Agent for "Third Space Brewing LLC", Public Entertainment Premises License Renewal Application with Change of Hours Sun-Sat From Opening 10:30 AM To Opening 9 AM and Sun-Thurs From Closing 1 AM and Fri-Sat 1:30 AM To Closing Sun-Sat 2 AM for "Third Space Brewing" at 1505 W St Paul Av. Ald. Dodd moved approval. (Prevailed 5-0) 06 MOCK, Mark R, Agent for "Imperial Parking (U.S.)", Parking Lot or Place and Weights & Measures License Applications for "Impark" at 1215 N 5TH St. Ald. Dodd moved approval. (Prevailed 5-0) 09 RAGSDALE, Brian, Agent for "UNITED STATES CELLULAR OPERATING COMPANY LLC", Secondhand Dealer's License Renewal Application with Change of Agent for "U.S. Cellular" at 8111 W BROWN DEER Rd. Ald. Dodd moved approval. (Prevailed 5-0) 11 RAGSDALE, Brian, Agent for "United States Cellular Operating Company LLC", Secondhand Dealer's License Renewal Application with Change of Agent for "U.S. Cellular" at 3415 S 27th St. City of Milwaukee Page 13 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Ald. Dodd moved approval. (Prevailed 5-0) 12 MEIER, Marshall F, Agent for "Meraki LLC", Class B Tavern and Food Dealer License Renewal Applications with Change of Hours Tues-Fri From Opening 11 AM To Opening 4:30 PM and From Closing 10 PM To Closing 12 AM for "Meraki" at 939 S 2nd St. Ald. Dodd moved approval. (Prevailed 5-0) 14 BASHAW, Theresa L, Agent for "THE BUBBLER, LLC", Class B Tavern and Public Entertainment Premises License Renewal Applications Removing 2 Amusement Machines for "THE BUBBLER" at 3158 S Howell Av. Ald. Dodd moved approval. (Prevailed 5-0) A motion was made by ALD. DODD that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 Warning Letter DAIS, John W, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) DIXON, Sinceree A, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) FARHUD, Ali M, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) GHOTRA, Parminder S, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) GILL, Joga S, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) HAERTEL, Joshua R, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) JOSE, Leiana M, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) KHASRIA, Harjinder, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) KLINTER, Dannielle E, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) KNECHTGES, David J, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) KREMSKI, Michelle L, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) LANGE, Jason E, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) LENS, Charles J, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) LIBECKI, Lisa M, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) LOZOYA, JR, Jose G, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) MAYER, Johnathon M, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) MCLIN, Rhonda G, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) METTE, Nathan A, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) NENNIG, Stephen A, Class D Operator's License Renewal Application. City of Milwaukee Page 14 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Ald. Lewis moved approval. (Prevailed 5-0) PATEL, Parul D, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) PILAK, Ryan M, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) PUHEK, Kathryn J, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) PURCELL, Daniel J, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) RUKA, Andrew J, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) SCHULZ, Celestine A, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) SEKHON, Gurjit S, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) STELMASZEWSKI, Joshua R, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) VIRK, Parwinder S, Class D Operator's License Renewal Application. Ald. Lewis moved approval. (Prevailed 5-0) WILSON, Steven M, Class D Operator's License Application. Ald. Lewis moved approval. (Prevailed 5-0) 01 NANGAH, Humphrey F, Agent for "Nangah, Inc ", Class A Malt & Class A Liquor and Food Dealer License Renewal Applications for "Diamonds Beer & Liquor" at 6201C N TEUTONIA Av. Ald. Lewis moved approval. (Prevailed 5-0) 06 MUSTAFA, Mustafa T, Agent for "ADAMS FOOD LLC", Class A Malt, Food Dealer, and Weights & Measures License Renewal Applications for "BURLEIGH FOOD MART" at 1120 W BURLEIGH St. Ald. Lewis moved approval. (Prevailed 5-0) 08 PEREZ, Antonio S, Agent for "RTSP, LLC", Class B Tavern, Food Dealer, and Public Entertainment Premises License Renewal Applications for "JUST ONE MORE" at 3209 W LINCOLN Av. Ald. Lewis moved approval. (Prevailed 5-0) 10 HAMED, Joudeh A, Agent for "JW PETRO LLC", Extended Hours Establishments, Weights & Measures, and Food Dealer License Renewal Applications for "HAWLEY ROAD MOBIL" at 5602 W VLIET St. Ald. Lewis moved approval. (Prevailed 5-0) A motion was made by ALD. LEWIS that this Motion be AMENDED. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 A motion was made by ALD. WITKOWSKI that this Motion be RECOMMENDED FOR APPROVAL. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 1:45 PM 2. 181015 Motion relating to the revocation of the Recycling, Salvaging, or Towing City of Milwaukee Page 15 LICENSES COMMITTEE Meeting Minutes November 14, 2018 Premises license of Anthony Lopez, agent for Abyss Towing LLC, for the premises at 960 West Armour Avenue doing business as “Abyss Towing” in the 13th aldermanic district. Sponsors: THE CHAIR Matthew Clark summarized his complaint and recounted the events of the night his vehicle was towed. He stated a drop fee was never offered by the driver. He stated that when he picked up his vehicle they would only let him pay in cash because it was outside of business hours. He stated $355 is a lot of money so he started investigating the law and believed that money was wrongfully taken from him. He corrected a previous statement saying that the driver did call the tow in prior to towing his vehicle. He played audio from his phone call with the licensee regarding the towing of his vehicle and the drop fee. He stated his driver's license and insurance card was in his wallet on his person. He stated he shows his ID all the time and has no issues with that. The committee recessed at 2:39 PM The committee reconvened at 2:47 PM Appearing with the Licensee: Atty. Dan Sanders stated he is concerned about his client getting a fair shake before this committee, and feels that his client is being prejudged. He gave an explanation of how the towing of vehicles occur at the Pinehaven Apartments. He stated the licensee was unable to locate the video from the tow in question. He stated that there was 1 more tire to hook up when Mr. Clark arrived. He stated Mr. Clark was offered the drop fee but he refused to show the proper documentation. He stated Ms. Lampone came in on Sunday when they were closed to let Mr. Clark get his car. He stated the hook up of Mr. Clark's vehicle took approximately 5 minutes. Ald. Lewis moved to enter in to the record as exhibit #1 the exhibits provided by Atty. Sanders. (Prevailed 5-0) He provided a photo of a blank receipt that are used when drop fee is given. Michael Strehlow stated he was the tow truck driver on the night in question. He stated the vehicle was fully hooked up and he always offers a drop fee, and 100% of the time people accept the fee. He stated that he's waited for people to go to an ATM or borrow money from neighbors. He stated he worked for Abyss for a year and half, but no longer works there. He stated he did approximately 6-10 tows per day when he works for Abyss. He stated that he only saw vehicle owners 5 or 6 times while he worked at Abyss and offered a drop fee. He stated Mr. Clark refused to provide any paperwork when offered the drop fee. He stated he had Square on his phone to accept a drop fee via credit card. He stated he calls the Tow Desk when he drops a vehicle because he doesn't want to be responsible if something happens later in the night. He stated that he gets paid either way, so he has no incentive to tow or not tow a car. He stated that the drop fee waiver wasn't provided or signed because Mr. Clark refused to provide him with his ID and insurance card. He stated that he has had 1 or 2 people sign the drop fee waiver. Anthony Lopez stated the City does not indicate whether a drop fee was paid or not. He stated he has called the City when he does a drop fee, but the City does not record it. He stated he didn't think providing old drop fee receipts would be relevant. He stated he has done 5 or 6 drop fees, but he doesn't encounter many people that are pleasant. He stated that people have pulled a gun on him and he has bullet holes in a tow truck. He stated that he's been in the industry for 12-15 years. He stated he calls in the drop fee as a courtesy and was unaware of the $15 refund of the tow fee. He stated that he does around 3,000 tows annually. Stephanie Lampone stated she handles the bills every month and didn't know there is a $15 refund for every drop fee. She stated they don't do a lot of drop fees because City of Milwaukee Page 16 LICENSES COMMITTEE Meeting Minutes November 14, 2018 they tow a night. She stated if she knew about the $15 refund she would have called the Tow Desk previously. She stated that they were closed on Sunday so that's why she required Mr. Clark to pay in cash because she didn't have her iPad with her to accept a credir or debit card. She stated she offered for Mr. Clark to retrieve his car on Monday when they were open, without an additional day of storage. She stated the drop fee receipt is provided by the driver with the tow card. She stated she has released vehicles on Sunday previously as a courtesy. She stated that she told Mr. Clark that she couldn't just give him a car because he had the keys. Peter Knox - Tow Lot Supervisor explained how the City bills tow companys for tow, including a reduced rate of $15 if there is a drop fee. He stated there is no record of reported drops from the licensee. He stated there is an end of the month reconciliation each month to indicate the disposition of vehicles including those that were dropped and recycled. He stated there is records of the licensee recycling vehicles. Tom Woznick - Parking Services Manager stated intent of the legislation was to allow an individual to pay the drop fee and take the car, but not the same way a car is recovered from the Tow Lot. He stated calls that come in are recorded in the tow file and if a private tow company calls back it is noted in the record, but it's not recorded in the billing, because it's a different system. He stated the City, through private contractors, does 20,000-30,000 tows per year. He added that 3% of those tows are dropped, and is a regular function of towing in the city of Milwaukee. Keira Schmeling stated that when someone declines a drop fee they are required to sign a waiver. Ald. Coggs asked why on the phone call the licensee stated that they're not required to offer a drop fee and it's the reponsibility of the person whose vehicle is being towed to ask for a drop fee. She asked how long the licensee has owned the company and how long he has been in the industry. She stated that is is hard for her to believe that a business owner would be willing to leave money on the table. She stated she wants to make sure the drop fee process is fair and wants to know what happens with the calls the licensee makes. She stated that the licensee did not handle the phone call appropriately and inaccurately portrayed the law to Mr. Clark. She asked if Mr. Strehlow ever had people sign the drop fee waiver. She stated it is obvious that the practices, policies, and recording keeping of the company are insufficient. She stated that she doens't know if the company has done drops or not, or whether it was 0, or 5, or 50. She added that the ordinance states how to handle drop fees with paperwork and getting a refund, but there are no records of any of that stuff, and that's how you do business. She stated Mr. Lopez was unprofessional on the phone with Mr. Clark. She stated Mr. Lopez is responsible for knowing the laws as a business owner, and so records can be kept. She stated the decision is going to be made based on facts, not on attitudes. Ald. Kovac asked if the licensee brought any filled out drop fee receipts. He stated that you can't claim to be closed and not accept credit cards, but then be open and only accept cash. He stated the key issue is whether or not Mr. Strehlow offered a drop fee. He stated that he's trying to figure out who is telling the truth. Ald. Lewis stated the licensee's testimony is contradictory to what he said in the recorded phone call. Ald. Witkowski asked if a drop fee waiver was offered to Mr. Clark. Ald. Witkowski stated he heard a great many contradictions today, despite both parties saying they were right. Ald. Kovac stated there is a lot at stake here on both sides and credibility is most important, and when a licensee owns up to the mistake and tries to improve it and do City of Milwaukee Page 17 LICENSES COMMITTEE Meeting Minutes November 14, 2018 better he's inclined to go easy, it's different than a licensee who does not own up to their mistake and falsifies the facts. He stated the complainant is credible and provided a very detailed account of what occurred. He stated a tow truck drive may not have as good a memory because they do lots of tows. He stated there was a lot of corroborating evidence for the complainant's testimony, and he corrected his testimony when he was wrong. He stated the he doesn't believe Mr. Clark refused to give his ID when offered a drop fee, because he provided it the next day to get his car back. He stated the licensee provided blank drop slips, but not filled out slips. He stated he doesn't believe the licensee is following the drop fee law. Ald. Witkowski moved for revocation based on the revocation complaint and complainant, driver, and licensee testimony. (Prevailed 4-1, Ald. Coggs voting no) A motion was made by ALD. WITKOWSKI that this Motion be RECOMMENDED FOR APPROVAL. This motion PREVAILED by the following vote: Aye 4- Kovac, Witkowski, Lewis and Dodd No 1- Coggs 3. 180930 A substitute ordinance relating to regulations, requirements, and procedures for various licenses and permits. Sponsors: THE CHAIR Jessica Celella - License Division Manager A motion was made by ALD. LEWIS that this Ordinance be RECOMMENDED FOR PASSAGE. This motion PREVAILED by the following vote: Aye 5- Kovac, Witkowski, Coggs, Lewis and Dodd No 0 The meeting adjourned at 4:42 PM Molly Kuether-Steele Staff Assistant City of Milwaukee Page 18