License and Health Committee (INACTIVE)

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, June 16, 2015 6:00 PM City Hall Room 128 SPECIAL MEETING A. CALL TO ORDER The meeting was called to order by Chair Czaplewski at 6:00 p.m. B. ROLL CALL Present 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel Excused 1- Ald. Barczak Others present: Leah A. Canales, Robert M. Lucas, Edward A. Brown, Jr, Janice Susan Fazen, Daniel G. Cullen, Kathleen G. Glowing, Lori A. Jones, Johnathon T. Cwiklinski, Ashlee A. Broehm-Jacobson, Colleen C. Doolan, Mary Jo Burback, Scott Post, City Attorney, Jenna Merten, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 2015-0272 Minutes (draft) of the License & Health regular meeting of May 26, 2015, recess meetings of May 19, 2015 and June 2, 2015. Attachments: 051915 LH recess Minutes (draft) 052615 LH Minutes (draft) 060215 LH recess Minutes (draft) A motion was made by Ald. Roadt, seconded by Ald. Weigel, that this matter be Approved. The motion carried unanimously. City of West Allis Page 1 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 F. NEW AND PREVIOUS MATTERS 63. 2015-0424 2015-2016 Class B Tavern License application no. 2212, Dance Hall License application no. 2214, and Instrumental Music License no. 2213, of Zamayas LLC, Leah A. Canales, Agent, d/b/a Zamayas, premises located at 1900 S. 60 Street (new-nonexisting). Appearance by Leah A. Canales. Discussion ensued regarding the history of problems at this location and corner when there was a Class B Tavern License. Ms. Canales was informed that this license was revoked, there is none available for this address and that the city is over their municipal quota. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Denied based on the lack of license due to the municipal quota. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 64. 2015-0428 2015-2016 Class B Tavern License application no. 2218 of R & K Entertainment Enterprises, LLC, Robert M. Lucas, Agent, d/b/a Slurp-n-Burp Fun Bar, premises location at 1454 S. 92 Street (new-existing). Appearance by Robert Lucas. Discussion ensued regarding experience Mr. Lucas has had with running a tavern. He was reminded to abide by all rules and regulations, when to call the police, and to be helpful and courteous to the officers when they arrive. Mr. Lucas was questioned about the Plan of Operation form and whether he was going to have karaoke, patron contests, or bands. Mr. Lucas asked if he could change his Plan of Operation to include karaoke and patron contests but did not feel the establishment was large enough for a band. A motion as made by Ald. Weigel, seconded by Ald. Roadt to amend the application to include karaoke and patron contests with the proper licenses. The motion carried by the following vote: Aye: 4 - Ald. Czaplewski, Ald. Haass, Ald. Roadt, and Ald. Weigel A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended for Approval as amended subject to the necessary requirement(s). The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 2 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 65. 2015-0415 Police Department Report involving 7-West Bistro & Ultra Lounge, 7211 W. Greenfield Avenue, of Wisconsin Beverage & Entertainment Partners, LLC, Edward A. Brown, Jr., Agent, Incident Date: May 17, 2015. Appearance by Edward A. Brown, Jr. Discussion ensued regarding the police report and the responsibility of the license holder for the outside area and patrons even after they leave the licensed premise. Mr. Brown was asked when the kitchen would be opening because his Plan of Operation indicates he should be selling more food than alcohol. A motion was made by Ald. Haass, seconded by Ald. Roadt, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 66. 2015-0361 Police Department Report involving Dog House, 1641 S. 68 St. (2014-2015 Class B Tavern License no. 1759, Dance Hall License no. 1760 and Instrumental Music License no. 1761) of Janice Susan, LLC, Janice Susan Fazen, Agent, Incident Date: April 27, 2015. Appearance by Janice Susan Fazen. Discussion ensued regarding the police report stating that the person in the report was extremely intoxicated. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 67. 2015-0399 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-071 for Daniel G. Cullen. Appearance by Daniel G. Cullen. Discussion ensued regarding the incident on Mr. Cullen's police report and his length of employment with Blazin Wings, Inc. A motion was made by Ald. Weigel, 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. Haass, and Ald. Weigel No: 0 City of West Allis Page 3 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 68. 2015-0444 2015-2016 Class B Tavern License renewal application no. 1895, of Blazin Wings, Inc., Daniel G. Cullen, Agent, d/b/a Buffalo Wild Wings for premises located at 2950 S. 108 St. (new agent) See legislative file no. 2015-0399. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended for Approval subject to the necessary requirement(s). The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 69. 2015-0400 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-175 for Kathleen G. Glowing. Appearance by Kathleen G. Glowing. Discussion ensued regarding Ms. Glowing's police report. A motion was made by Ald. Roadt, seconded by Ald. Weigel, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 70. 2015-0401 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-179 for Lori A. Jones. Appearance by Lori A. Jones. Discussion ensued regarding Ms. Jones police report. A motion was made by Ald. Weigel, 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. Haass, and Ald. Weigel No: 0 71. 2015-0446 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-186 for Josephine E. Crossley. Nonappearance of Josephine E. Crossley. Ms. Crossley 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. City of West Allis Page 4 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 72. 2015-0445 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-232 for Johnathon T. Cwiklinski. Appearance by Johnathon T. Cwiklinski. Discussion ensued regarding Mr. Cwiklinski's police report. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter was Recommended for Denial based on the police record. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 73. 2015-0292 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-011 for Ashlee A. Broehm-Jacobson. Appearance by Ashlee A. Broehm-Jacobson. Discussion ensued regarding Ms. Jacobson's police report. She was reminded to list all of her violations as asked on the application. Ms. Jacobson was told to call the police when there is trouble and to be helpful and cooperative. She was reminded to make good choices for her customers and herself and not to over serve. A motion was made by Ald. Haass, 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. Haass, and Ald. Weigel No: 0 74. 2015-0349 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-304 for Danielle N. Otto. Third nonappearance of Danielle N. Otto. Ms. Otto did not contact the Clerk's Office. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended for Denial based on three (3) nonappearances. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 5 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 62. 2015-0429 Communication from Assistant City Attorney regarding list of licensed/permitted businesses with delinquent personal property taxes: dated June 3, 2015. Attachments: Comm. nonpayment PPTs.6-3-15 Nonappearance of owners for As New Appliances, Ball 4 Sports, Right Click Computers and Walk-Her-Inn (Diane Plumeri for Krap Shoot). Assistant City Attorney Merten informed the Committee that a signed payment agreement was received from Diane Plumeri and the others had not responded. The Committee asked to have certified letters mailed to As New Appliances, Ball 4 Sports and Right Click Computers for appearances at the next License & Health meeting. This matter was Held. 75. 2015-0448 Summons and Complaint in the matter of the complaint against Colleen C. Doolan, 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-42. Attachments: Doolan Summons Doolan Complaint Appearance by Colleen C. Doolan. Ms. Doolan agreed with all the allegations in the summons and complaint. Assistant City Attorney Merten stated Ms. Doolan's police report shows a pattern of violating laws and rules. She asked for a thirty (30) day suspension of Ms. Doolan's license based on her lack of compliance with the law. This matter was Held until after the closed session. 76. 2015-0332 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-042 for Colleen C. Doolan. See legislative file no. 2015-0448. This matter was Held until after the closed session. 77. 2015-0075 Summons and Complaint in the matter of the complaint against Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, 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). Attachments: Summons Morgan Murphy Enterprises 03-24-15 Complaint Morgan Murphy Enterprises, LLC 03-24-15 Affivadit of Service Morgan Murphy Enterprises, LLC Appearance by Mary Jo Burback. Discussion ensued regarding Tap 58 reopening without completing the requirements of reopening as stated in the stipulation dated April 30, 2015 of providing proof of a contract with a service for a dumpster and placement of said dumpster. This matter was Held until after the closed session. City of West Allis Page 6 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 78. 2015-0417 Communication from Sarah Reimer, Agent, surrendering Class B Tavern License no. 2004, Dance Hall License no. 2005, and Instrumental Music License no. 2083 licenses issued under Morgan Murphy Enterprises, LLC, d/b/a Tap 58 located at 5732 W. Mitchell Street effective June 3, 2015. Attachments: Sarah Reimer communication See legislative file no. 2015-0075. This matter was Held until after the closed session. 79. 2015-0450 Notice of Intent from Mary Jo Burback disputing the surrendering of the liquor license for Morgan Murphy Enterprises, LLC, d/b/a Tap 58 at 5732 W. Mitchell St. See legislative file no. 2015-0075. This matter was Held until after the closed session. 80. 2015-0451 Mary Jo Burback communication regarding intent to appoint a new agent for a liquor license for Morgan Murphy Enterprises, LLC, d/b/a Tap 58 at 5732 W. Mitchell St. See legislative file no. 2015-0075. This matter was Held until after the closed session. D. HEARING A hearing was not held. E. CLOSED SESSION At 6:58 p.m., Chair Czaplewski stated it was the intention of the Committee to convene in closed session at said time and place to deliberate and confer with the City Attorney on the Summons and Complaints regarding the following matters: 1. Colleen C. Doolan, Operator's License (bartender/sales clerk) renewal application no. 17-42. 2. Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, 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). 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. City of West Allis Page 7 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 A motion was made by Ald. Weigel, seconded by Ald. Haass, to go into closed session. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 Others present: Scott Post, City Attorney and Ann Marie Neff, Secretary to the Committee. Upon conclusion of the closed session at 7:15 p.m., the License and Health Committee reconvened in open session at said time and place 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. Present 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel Excused 1- Ald. Barczak 75. 2015-0448 Summons and Complaint in the matter of the complaint against Colleen C. Doolan, 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-42. Attachments: Doolan Summons Doolan Complaint A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter was Recommended To Issue Findings of Fact for a twenty-day (21) day suspension of the license effective July 1 thru July 21. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 76. 2015-0332 2015-2017 Operator’s License (bartender/sales clerk) renewal application no. 17-042 for Colleen C. Doolan. See legislative file no. 2015-0448. Ms. Doolan asked if she could pick up her license at the Clerk's Office after her suspension. A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter was Approved as Amended for the applicant to serve a twenty-day (21) day suspension of her license effective July 1 thru July 21. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 8 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 77. 2015-0075 Summons and Complaint in the matter of the complaint against Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, 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). Attachments: Summons Morgan Murphy Enterprises 03-24-15 Complaint Morgan Murphy Enterprises, LLC 03-24-15 Affivadit of Service Morgan Murphy Enterprises, LLC A motion was made by Ald. Roadt, seconded by Ald. Weigel, that this matter was Recommended to be Placed on File and to Accept the Surrendering of the licenses. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 78. 2015-0417 Communication from Sarah Reimer, Agent, surrendering Class B Tavern License no. 2004, Dance Hall License no. 2005, and Instrumental Music License no. 2083 licenses issued under Morgan Murphy Enterprises, LLC, d/b/a Tap 58 located at 5732 W. Mitchell Street effective June 3, 2015. Attachments: Sarah Reimer communication See legislative file no. 2015-0075. This matter was Recommended to Accept the surrendering of the licenses and to be Placed on File on a Block Vote. 79. 2015-0450 Notice of Intent from Mary Jo Burback disputing the surrendering of the liquor license for Morgan Murphy Enterprises, LLC, d/b/a Tap 58 at 5732 W. Mitchell St. See legislative file no. 2015-0075. This matter was Recommended to be Placed on File on a Block Vote. 80. 2015-0451 Mary Jo Burback communication regarding intent to appoint a new agent for a liquor license for Morgan Murphy Enterprises, LLC, d/b/a Tap 58 at 5732 W. Mitchell St. See legislative file no. 2015-0075. This matter was Recommended to be Placed on File on a Block Vote. City of West Allis Page 9 Printed on 8/5/2015 License & Health Committee Meeting Minutes June 16, 2015 Passed The Block Vote A motion was made by Ald. Haass, seconded by Ald. Weigel, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 G. ADJOURNMENT A motion was made by Ald. Barczak, seconded by Ald. Weigel, to adjourn at 7:20 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 10 Printed on 8/5/2015