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Protection and Welfare Committee

Regular Meeting

Oconomowoc, WI · October 15, 2019

AgendaMinutes

Minutes

Protection & Welfare Committee Meeting Minutes October 15, 2019 Chairman Shaw called the meeting to order at 6:50 PM. Members Present: Aldermen Shaw, Spiegelberg and Rogers Staff Present: Mayor Nold, Kitsembel, Sullivan, Freber, Pickart, Frye, Gallo, Buerger, Duffy and Coenen Others Present: Alds. Rosek, Strey, Ellis and Kowieski and WLFD Chief Brad Bowen 2a. Consider/approve Directing Clerk to begin the “Class B” License Revocation Process for Magna LLC (The Dugout): Coenen stated during the annual licensing renewal process Council requested staff monitor the “Class B” operations for Magna, LLC dba The Dugout located at 965 Cannongate Road due to concerns the business was not open. The Police Department conducted almost daily tavern checks in July, August, September and part of October and found The Dugout not open for business during any of the checks. Our Municipal Code states that suspension or cessation of business for a period of 90 consecutive days or more constitutes cause for revocation. Coenen said if the Committee wants to proceed with the revocation process, she would draft a complaint outlining the ordinance violation, prepare a Summons and Notice of Hearing to be delivered to the licensee to appear before Council. The hearing could occur as soon as November 5, 2019 or anytime thereafter. Motion by Spiegelberg to direct the Clerk to start the revocation process for Magna, LLC, dba The Dugout located at 965 Cannongate Road and set the hearing date for November 19, 2019; second by Rogers. Motion carried 3-0. Motion by Shaw to adjourn; second by Spiegelberg. Motion carried 3-0. The meeting adjourned at 6:55 PM. Minutes by Diane Coenen, City Clerk Ald. Spiegelberg, Secretary S:\Committees & Commissions\Protection & Welfare Committee\Minutes\2019\PWMin10-15-19.doc

Agenda

City of Oconomowoc Protection & Welfare Committee Aldermen: Shaw, Chairman / Spiegelberg, Secy / Rogers Tuesday, October 15, 2019 - 6:50 PM City Hall - Conference Room 3 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/approve Directing Clerk to Begin the "Class B" License Revocation Process for Magna LLC (The Dugout) 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1 MEMORANDUM CLERK’S Date: October 11, 2019 To: Mayor Nold Protection & Welfare Committee Sarah Kitsembel From: Diane Coenen Re: “Class B” License Revocation – The Dugout RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND During the annual alcohol licensing renewal process in June 2019, Council requested that staff monitor the “Class B” licensed establishment for Magna, LLC, dba The Dugout, located at 965 Cannongate Road to determine if the business is operational. The Police Department conducted daily tavern checks during the months of July, August and September 2019 and found The Dugout was not open for business at any time. Our Municipal Code, Section 12.04(l) states that suspension or cessation of business for a period of 90 consecutive days or more constitutes cause for revocation. If the Protection and Welfare Committee wants to proceed with the revocation process, the Clerk would draft a Complaint outlining the ordinance violation, prepare a Notice of Hearing which sets the time/date a hearing will be held before Council and prepare the Summons to be delivered to the licensee to appear before Council. The hearing could occur as soon as November 5, 2019 or anytime thereafter. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT N/A RECOMMENDATION N/A SUGGESTED MOTION Move to direct the Clerk to start the revocation process for Magna, LLC, dba The Dugout located at 965 Cannongate Road and set the hearing date for _________________. 1 2

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