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License and Health Committee (INACTIVE)

Regular Meeting

West Allis, WI · February 24, 2015

AgendaMinutes

Minutes

City of West Allis 7525 W. Greenfield Ave. West Allis, WI 53214 Meeting Minutes License & Health Committee Alderperson Michael J. Czaplewski, Chair Alderperson Daniel J. Roadt, Vice-Chair Alderpersons: Gary T. Barczak, Kevin Haass, Martin J. Weigel Tuesday, February 24, 2015 6:05 PM City Hall Room 128 REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Chair Czaplewski at 6:05 p.m. B. ROLL CALL Present 4- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, and Ald. Weigel Excused 1- Ald. Haass Others present: Alyssa C. Kopecky, Sarah M. Reimer and Mary Jo Burback, Sally Nusslock, Health Commissioner, Laura Temke, Health Department, Lt. Jessica Johnson, West Allis Police Dept., Jenna Merten, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 1. 2015-0127 Minutes (Draft) of the License & Health special meeting of February 17, 2015 and recess meeting of February 17, 2015. Attachments: 021715 LH special Minutes - draft 021715 LH recess Minutes - daft A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter be Approved. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS 2. 2015-0068 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-562 for Alyssa C. Kopecky. Appearance by Alyssa C. Kopecky. Discussion ensued regarding Ms. Kopecky's police report. She was told to call 911, and to be helpful and courteous with the police. Ms. Kopecky was informed of the City's Compliance Check Program. She was reminded it is against the law to serve someone intoxicated. A motion was made by Ald. Barczak, seconded by Ald. Roadt, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, and Ald. Weigel No: 0 City of West Allis Page 1 Printed on 4/22/2015 License & Health Committee Meeting Minutes February 24, 2015 3. 2015-0126 Police Department Report regarding violation of the Wisconsin Indoor Clean Air Act Smoking Ban (5632 W. Burnham St., Sonya R. Bautista, Bartender License no. 15-204, Incident Date: February 3, 2015). Attachments: 57 bar smoking ban violation Nonappearance of Sonya R. Bautista. Ms. Bautista did not contact the Clerk's Office. The Committee requested she be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 4. 2015-0125 Communication from Assistant City Attorney regarding failure to follow the terms of the payment agreement for delinquent 2013 personal property taxes signed on June 27, 2014, for 5632 W. Burnham St., 57 Bar, Jeffrey K. Lau, Agent, dated February 13, 2015. Attachments: City Atty. comm. re:57 Bar Nonappearance by Jeffrey K. Lau. Mr. Lau paid the 2013 delinquent personal property taxes in full and contacted the City Attorney's Office for a payment plan agreement for the 2014 delinquent personal property taxes. A motion was made by Ald. Weigel, seconded by Ald. Barczak, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, and Ald. Weigel No: 0 5. 2015-0103 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 10, 2015). Appearance by Sarah M. Reimer and Mary Jo Burback. Discussion ensued regarding the police reports and that Tap 58 does not have a working video recording system. Ms. Burback said she would invest in one. This matter was Held. 6. 2015-0104 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 18, 2015). See legislative file no. 2015-0103. This matter was Held. City of West Allis Page 2 Printed on 4/22/2015 License & Health Committee Meeting Minutes February 24, 2015 7. 2015-0081 Communication from Health Commissioner providing an update on Morgan Murphy Enterprises, LLC, Mary Jo Burback, for the premises located at 5732 W. Mitchell St., d/b/a Tap 58 (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005, Instrumental Music License no. 2083 and Food-Related Permit/License) dated January 29, 2015. Attachments: MEMORANDUM-Tap58, January 29, 2015 Appearance by Mary Jo Burback and Sarah M. Reimer. Sally Nusslock, Health Commissioner, informed the Committee that Ms. Burback's waste collection account was suspended and that the company is sending it to collections. Ms. Burback responded that she did not have the funds to pay it. This matter was Held. 8. 2015-0034 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: December 18, 2014). Appearance by Sarah M. Reimer and Mary Jo Burback. The Committee reminded Ms. Reimer and Ms. Burback to not put their problem patrons out into the neighborhood. They should be calling 911. Discussion ensued regarding suspension or revocation of the licenses. The Committee commented on the recent number of police reports and the City's resources involved taking care of the problems, complaints and follow up required. Ms. Reimer asked the Committee for a chance to prove themselves and to turn the business around for the better. She stated she has been the new agent for a short period of time and feels she has been making a difference. She mentioned changes in the staff and the clientele. The Committee informed Ms. Reimer of the Summons and Complaint process and the length of time it may take. A motion was made by Ald. Barczak, seconded by Ald. Weigel, that this matter be Referred for Summons and Complaint to the City Attorney. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, and Ald. Weigel No: 0 9. 2015-0015 Summons and Complaint in the matter of the complaint against Hector E. Guillermo, 2013-2015 Operator’s License (bartender/sales clerk) no. 15-156. Attachments: Hector Guillermo Summons Hector Guillermo Complaint Hector Guillermo Affivadit of Service Hector Guillermo.Stipulation Nonappearance of Hector E. Guillermo. Assistant City Attorney Merten informed the Committee that Mr. Guillermo has agreed to sign a stipulation to surrender his Operator's License (bartender/sales clerk) on April 1, 2015. City of West Allis Page 3 Printed on 4/22/2015 License & Health Committee Meeting Minutes February 24, 2015 This matter was Held. City of West Allis Page 4 Printed on 4/22/2015 License & Health Committee Meeting Minutes February 24, 2015 10. 2014-0766 Police Department Report involving The Drunken Duck, 5906 W. Burnham St., (Hector E. Guillermo, 2013-2015 Operator's License (bartender/sales clerk) no. 15-156, Incident Date: October 13, 2014. This matter was Held. E. HEARING A Hearing was not held. F. CLOSED SESSION A Closed Session was not held. G. ADJOURNMENT A motion was made by Ald. Barczak, seconded by Ald. Roadt, to adjourn at 6:26 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 5 Printed on 4/22/2015

Agenda

7525 W. Greenfield Ave. City of West Allis West Allis, WI 53214 Meeting Agenda License & Health Committee Alderperson Michael J. Czaplewski, Chair Alderperson Daniel J. Roadt, Vice-Chair Alderpersons: Gary T. Barczak, Kevin Haass, Martin J. Weigel Tuesday, February 24, 2015 6:00 PM City Hall Room 128 REGULAR MEETING A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 1. 2015-0127 Minutes (Draft) of the License & Health special meeting of February 17, 2015 and recess meeting of February 17, 2015. Attachments: 021715 LH special Minutes - draft 021715 LH recess Minutes - daft D. NEW AND PREVIOUS MATTERS 2. 2015-0068 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-562 for Alyssa C. Kopecky. 3. 2015-0126 Police Department Report regarding violation of the Wisconsin Indoor Clean Air Act Smoking Ban (5632 W. Burnham St., Sonya R. Bautista, Bartender License no. 15-204, Incident Date: February 3, 2015). Attachments: 57 bar smoking ban violation 4. 2015-0125 Communication from Assistant City Attorney regarding failure to follow the terms of the payment agreement for delinquent 2013 personal property taxes signed on June 27, 2014, for 5632 W. Burnham St., 57 Bar, Jeffrey K. Lau, Agent, dated February 13, 2015. Attachments: City Atty. comm. re:57 Bar 5. 2015-0103 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 10, 2015). City of West Allis Page 1 Printed on 2/20/2015 License & Health Committee Meeting Agenda February 24, 2015 6. 2015-0104 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 18, 2015). 7. 2015-0081 Communication from Health Commissioner providing an update on Morgan Murphy Enterprises, LLC, Mary Jo Burback, for the premises located at 5732 W. Mitchell St., d/b/a Tap 58 (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005, Instrumental Music License no. 2083 and Food-Related Permit/License) dated January 29, 2015. Attachments: MEMORANDUM-Tap58, January 29, 2015 8. 2015-0034 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: December 18, 2014). 9. 2015-0015 Summons and Complaint in the matter of the complaint against Hector E. Guillermo, 2013-2015 Operator’s License (bartender/sales clerk) no. 15-156. Attachments: Hector Guillermo Summons Hector Guillermo Complaint Hector Guillermo Affivadit of Service 10. 2014-0766 Police Department Report involving The Drunken Duck, 5906 W. Burnham St., (Hector E. Guillermo, 2013-2015 Operator's License (bartender/sales clerk) no. 15-156, Incident Date: October 13, 2014. E. HEARING Hearing on the complaint in the matter of Hector E. Guillermo, Operator’s License (bartender/sales clerk) no. 15-156. City of West Allis Page 2 Printed on 2/20/2015 License & Health Committee Meeting Agenda February 24, 2015 F. CLOSED SESSION PLEASE TAKE NOTICE That the License & Health Committee of the City of West Allis will meet in open session Tuesday, February 24, 2015 at approximately 6:00 P.M., or as soon thereafter as time permits, in Room 128, West Allis City Hall, 7525 W. Greenfield Ave., West Allis, Wisconsin, to consider a motion to convene in closed session at said time and in Room 113 to deliberate and confer with the City Attorney on the Summons and Complaint regarding Hector E. Guillermo, Operator’s License (bartender/sales clerk) no. 15-156. A closed session for the above purpose is authorized pursuant to the provisions of Wis. Stats. Section 19.85(1)(a) and (g), which authorizes a governmental body, upon motion duly made and carried, to meet in closed session to deliberate concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body; and to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Upon conclusion of the closed session, the License & Health Committee will reconvene in open session at said time and in Room 128 to consider its public agenda, including motions to recommend approval or rejection of above-listed deliberations or any of the public agenda items that have not been acted upon. G. ADJOURNMENT All meetings of the License & Health Committee 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 3 Printed on 2/20/2015

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