License and Health Committee (INACTIVE)

City of West Allis Meeting Minutes License and Health Committee Alderperson Gary T. Barczak, Chair Alderperson James W. Sengstock, Vice-Chair Alderpersons: Paul M. Murphy, Lester Trudell, Jr., Vincent Vitale Tuesday, January 28, 2003 6:00 PM West Allis City Hall Room 128 REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Chair Barczak at 6:00 p.m. B. ROLL CALL Present 4- Barczak, Sengstock, Murphy, and Trudell Excused 1- Vitale Others Present: Janilyn Knorr, Assistant City Attorney Hermine Couturier, Secretary to the Committee C. APPROVAL OF MINUTES to approve the minutes of the regular and recess meetings of December 17, 2002 and the recess meeting of January 7, 2003 A motion was made by Ald. Sengstock, seconded by Ald. Trudell, to approve the minutes of the regular and recess meetings of December 17, 2002 and the recess meeting of January 7, 2003. The motion carried by the following vote: Aye: 4- Barczak, Sengstock, Murphy, and Trudell No: 0 D. NEW AND PREVIOUS MATTERS Held Items A second roll call was taken to reflect Ald. Vitale present at this time. Present 5 - Barczak, Sengstock, Murphy, Trudell, and Vitale 1. 2003-0005 Police Department Report involving Heartbreakers, 9442 W. National Ave. (2002-2003 Class B Tavern License no. 60, Dance Hall License no. 48, Tavern Entertainment License no. 28 and Cigarette License no. 94 of Reeves Entertainment, Ltd., Timothy S. Greve, Agent, Incident date: December 12, 2002). Chair Barczak stated that Mr. Greve was cited for operating a licensed premise without a licensed bartender on premise. Mr. Greve stated that he has eight prospective bartenders that have taken the Responsible Beverage Service Course and he signed them up for a temporary bartender's license. Chair Barczak questioned Mr. Greve if he realized that he needs to have a licensed bartender on premise at all times. Mr. Greve said that he knew that, but he was preparing food and needed something from Pick 'n Save, so he left. Alderperson Murphy asked why he didn't send an unlicensed person to go to the grocery store. City of West Allis Page 1 Printed on 9/22/2021 License and Health Committee Meeting Minutes January 28, 2003 Mr. Greve said that he has been the agent at Heartbreakers since the 1996-1997 license year. Dennis Reeves, the property owner, had been the agent from 1990 to the 1995-1996 license year and wouldn't appreciate hearing that there wasn't a licensed bartender on premise. Alderperson Sengstock said that he needs more than one licensed bartender for the tavern, because if he gets sick and he would need to go home, he'd have to shut down the bar. Chair Barczak stated that even though this is a serious matter, he would be willing to vote to place the report on file. A motion was made by Ald. Vitale, seconded by Ald. Trudell, that this matter be Recommended to be Placed on File. The motion carried by the following vote: Aye: 4- Barczak, Murphy, Trudell, and Vitale No: 0 Present: 1- Sengstock 2. 2003-0031 Police Department Report involving Stingrays, 5826 W. Burnham St. (2002-2003 Class B Tavern License no. 34 and Cigarette License no. 151 of Keith A. Emmrich and Dawn M. McNamara, partners, incident date: December 24, 2002). Chair Barczak questioned Mr. Emmrich why the group of people were allowed in the bar so late. Mr. Emmrich stated that he was not at the bar the night of the incident. He said that he has installed a security system that calls police right away. He said that he only has a pay phone in the bar, because the employees were using the regular phone too much. Alderperson Murphy stated that it took eight police officers to handle the fight at the bar. He said if only Mr. Emmrich's bartender wouldn't have let the group of people in so late, and just asked them to leave appropriately, none of this would have happened. Mr. Emmrich said that he gave his bartender that handled the incident inappropriately, two weeks off. Alderperson Vitale stated that profanity is not appropriate and he thought the bartender should be fired. Mr. Emmrich stated that this bartender usually doesn't work nights. Chair Barczak stated that a Summons & Complaint was served in April of 2001. He said that there have been incidents in November 1999, February 2001, and two in April of 2002, pertaining to this bar. He said that fights continue to go on. He said the problems are not taken care of. He said not to let groups of people in the bar so late at night. Alderperson Sengstock stated that there have been frequent fights at the bar. He further stated that if Mr. Emmrich has a full-time job other than the tavern, maybe he should get out of the bar business. Mr. Emmrich stated that he is on his way out of the bar business. Chair Barczak stated that the Committee could direct the City Attorney to prepare a Summons & Complaint to close for a weekend or a couple of days. Alderperson Murphy stated that the last incident happened on Christmas Eve morning. Mr. Emmrich was warned that if there is another incident a Summons & Complaint would be served. A motion was made by Ald. Vitale, seconded by Ald. Trudell, that this matter be Recommended to be Placed on File. The motion carried by the following vote: Aye: 3- Sengstock, Trudell, and Vitale City of West Allis Page 2 Printed on 9/22/2021 License and Health Committee Meeting Minutes January 28, 2003 No: 2- Barczak, and Murphy 3. 2002-0246 Police Department Report involving Lenny's, 6309 W. National Ave. (2002-2003 Class B Tavern License no. 20, Dance Hall License no. 18 and Cigarette License no. 48 of Lenny's, Inc., Leonard E. Malan, Agent, Incident date: October 19, 2002). Chair Barczak stated that the last incident was for underage drinking and that according to the police report the underage person had a fake I.D., but the underage patron stated she was not carded that evening. Mr. Malan stated that the underage person's purse had been stolen. Chair Barczak said that the police report states that the police did not find an I.D. on the underage person that evening, but she stated that she had an I.D. at home. Chair Barczak stated that this is the fifth incident for underage drinking at Mr. Malan's bar. There were incidents in July 1998, April 2000, and two incidents in March 2001. Alderperson Murphy questioned how many chances does Mr. Malan need. Alderperson Sengstock questioned Mr. Malan if any of the charges were dismissed. Mr. Malan could not recall. A motion was made by Ald. Murphy, seconded by Ald. Trudell, that this matter be Referred for Summons and Complaint to the City Attorney. The motion carried by the following vote: Aye: 5- Barczak, Sengstock, Murphy, Trudell, and Vitale No: 0 4. 2003-0044 Police Department Report involving Kokopelli's, 6001 W. Madison St. (2002-2003 Class B Tavern License no. 55, Instrumental Music License no. 16, Dance Hall License no. 44 and Cigarette License no. 121 of Kokopelli's, Inc., Antonette M. Zirnhelt, Agent, Incident date: January 5, 2003). Chair Barczak turned the meeting over to Vice-Chair Sengstock. Vice-Chair Sengstock referred to the police report regarding a physical altercation and a patron pointing a gun at another patron and fired one round inside the tavern. He further stated that the bartender denied any disturbance in the bar that night. One of the patron's from the bar went home and called police. No one from the bar called police. Ms. Zirnhelt said she was not at the bar the night of the incident; she was in the emergency room, as she could not walk. She said, otherwise, she is always at the bar. She said her family works at the bar. She said her brother is no longer allowed in the bar and her sister covered for him. Alderperson Murphy stated that there were eleven police officers at the bar that night. He said this all could have been avoided. He said someone fired a .45 caliber gun where a group of 20 to 40 people were and the bartender said she didn't hear anything. He said they were lucky the bullet didn't ricochet and hit someone. Vice-Chair Sengstock said someone could have been hit in the leg and be paralyzed for life. He said the bartender should have called police and to keep peace in the City. He further stated that 40 to 50 % of the police force was at her bar the night of the incident. Ms. Zirnhelt again repeated that her brother is not allowed in the bar anymore and that she wishes she could have been there. Vice-Chair Sengstock said he was glad to see Ms. Zirnhelt's parents here this evening. City of West Allis Page 3 Printed on 9/22/2021 License and Health Committee Meeting Minutes January 28, 2003 Alderperson Murphy said that Ms. Zirnhelt did not reprimand the bartender that did not call police or cooperate with them the night of the incident. The Committee could not enforce that the bartender be reprimanded. He stated that he understands that this is a family-run bar. He further stated that the police officers responding to her establishment were at great risk with 20 to 40 people there and someone has a gun, not knowing which person has the gun. Alderperson Vitale stated that this is a serious incident, but this was Ms. Zirnhelt's first offense. Alderperson Trudell said that we are not the people to fire the bartender and that a number of bar owners are not patrolling their own taverns or acting responsibly. Alderperson Murphy stated that this incident is not enough to suspend or revoke, but Ms. Zirnhelt should feel lucky that no one was hurt. He asked Ms. Zirnhelt if her brother always carries a gun. Ms. Zirnhelt said she didn't know. A motion was made by Ald. Vitale, seconded by Ald. Trudell, that this matter be Recommended to be Placed on File. The motion carried by the following vote: Aye: 4- Sengstock, Murphy, Trudell, and Vitale No: 0 Present: 1- Barczak 5. 2003-0030 2002-2003 Tavern Operator License appl. no. 805 of Jeffrey K. Lau. Vice-Chair Sengstock turned the meeting back over to Chair Barczak. Chair Barczak stated that Mr. Lau did not list all of his violations on his application. He warned Mr. Lau to be careful, as bartending is a big responsibility. A motion was made by Ald. Sengstock, seconded by Ald. Vitale, that this matter be Recommended For Approval. The motion carried by the following vote: Aye: 5- Barczak, Sengstock, Murphy, Trudell, and Vitale No: 0 6. 2003-0032 2002-2003 Tavern Operator License appl. no. 812 of Karlea B. Albrecht. Ms. Albrecht did not appear, as ordered, or call to let the Clerk's Office know that she could not attend the meeting. The Committee requested that Ms. Albrecht appear at the February 4, 2003, recess meeting. 7. 2003-0033 2002-2003 Tavern Operator License appl. no. 815 of Justin A. Smith. Mr. Smith called the Clerk's Office on January 24, 2003, to inform them that he was flying to Florida on January 28, 2003, and could not attend the meeting. The Committee asked that he be ordered to appear February 4, 2003, at the recess meeting. 8. 2003-0034 2002-2003 Tavern Operator License appl. no. 819 of Michael J. Nitz. The Committee asked that Mr. Nitz be ordered to appear at a future meeting after his court date of February 11, 2003. 9. 2003-0035 2002-2003 Tavern Operator License appl. no. 820 of David D. Lang. Chair Barczak questioned Mr. Lang regarding the incidents on his police report. Mr. Lang explained that he was young and just out of the military. City of West Allis Page 4 Printed on 9/22/2021 License and Health Committee Meeting Minutes January 28, 2003 A motion was made by Ald. Sengstock, seconded by Ald. Trudell, that this matter be Recommended For Approval. The motion carried by the following vote: Aye: 5- Barczak, Sengstock, Murphy, Trudell, and Vitale No: 0 10. 2003-0036 2002-2003 Tavern Operator License appl. no. 822 of Scott A. Graves. Chair Barczak informed Mr. Graves that underage persons can eat in a restaurant, but to be careful regarding drinking of alcohol. Alderperson Sengstock told Mr. Graves to check I.D.'s. A motion was made by Ald. Sengstock, seconded by Ald. Vitale, that this matter be Recommended For Approval. The motion carried by the following vote: Aye: 5- Barczak, Sengstock, Murphy, Trudell, and Vitale No: 0 11. 2003-0037 2002-2003 Tavern Operator License appl. no. 825 of Henry J. Mickevicius. Chair Barczak questioned Mr. Mickevicius regarding the police report. Mr. Mickevicius explained what happened and that he was the manager at Applebee's. A motion was made by Ald. Vitale, seconded by Ald. Sengstock, that this matter be Recommended For Approval. The motion carried by the following vote: Aye: 5- Barczak, Sengstock, Murphy, Trudell, and Vitale No: 0 12. 2003-0051 2002-2003 Tavern Operator License appl. no. 806 of Jason C. McLean. Mr. McLean did not appear as ordered. The Committee ordered that he appear at the recess meeting on February 4, 2003. The letter ordering him to appear was returned by the Post Office on January 29, 2003, in the Clerk's Office. The letter was sent to the address on his application. 13. 2003-0052 2002-2003 Tavern Operator License appl. no. 808 of Jesse J. Nebauer. Mr. Nebauer did not appear as ordered or call the Clerk's Office to let them know that he could not attend. The Committee ordered that he appear at the recess meeting on February 4, 2003. 14. 2003-0053 2002-2003 Tavern Operator License appl. no. 809 of Eric J. Davis. Mr. Davis did not appear as ordered or call the Clerk's Office to inform them that he would not be able to appear. The Committee ordered that he appear at the recess meeting on February 4, 2003. E. OTHER MATTERS TO COME BEFORE THE COMMITTEE FOR DISCUSSION/ACTION 15. 2002-0245 Constantine George, 1313 S. 72 St., communication regarding a Formal Complaint on the closure, for some period of time, of La Troje Mexican Restaurant, 6217 W. Greenfield Ave., expressing interest in securing the liquor license for a Greek Restaurant in downtown West Allis. Chair Barczak stated that Mr. George and Mr. Young Yun sent a letter to the Committee interested in obtaining this Class B Tavern License. He further stated that 90 days have elapsed. City of West Allis Page 5 Printed on 9/22/2021 License and Health Committee Meeting Minutes January 28, 2003 Attorney Knorr stated that a Summons & Complaint must be served based on non-activity subject to quota. If the establishment is closed for 30 days, the property owner has 90 days in which to apply for the license. She stated that neither Mr. George or Mr. Yun have a right to the license. She also stated that if the license holder is unavailable, then the Summons & Complaint would need to be published and the fee could be around $1,000. Alderperson Murphy stated that why should the Committee care, just let it sit and if no one renews at renewal time the license would be lost. 16. 2002-0242 Police Department Report involving Night Court, 7127 W. National Ave. (2002-2003 Class B Tavern License no. 114 and Cigarette License no. 132 of Night Court, Inc., Gregory J. Kaiser, Agent, Incident date: December 6, 2002). Attorney Knorr informed the Committee that this item should be held as it is still in court. City of West Allis Page 6 Printed on 9/22/2021 License and Health Committee Meeting Minutes January 28, 2003 F. ADJOURNMENT The meeting adjourned at 7:09 p.m. Respectfully submitted, Hermine Couturier Secretary to the Committee hc All meetings of the {bdName} are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 7 Printed on 9/22/2021