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, October 27, 2015 6:00 PM City Hall Room 128 REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Chair Czaplewski at 6:00 p.m. B. ROLL CALL Present 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel Others present: Tarlok Bhatia, Lisa M. Branson, Jose M. Frandsen, Jason J. Powelski, Clement R. Vaia, Erica J. Schluenz, Orlando Yracheta, Carl R. Williams, John H. Kabacinski, Ricky Sergeant, Christopher Surges, Vigneshwar R. Bhadharla, 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. 2015-0755 Minutes (draft) of the License & Health regular meeting August 25, 2015, recess meetings of September 1, 2015, September 15, 2015, October 6, 2015 and October 20, 2015. Attachments: 08-25-15 LH Minutes (draft) 09-01-15 LH recess Minutes (draft) 09-15-15 LH recess Minutes (draft) 10-06-15 LH recess Minutes (draft) 10-20-15 LH recess Minutes (draft) A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter be Approved. The motion carried unanimously. All in attendance were told of the importance of calling 911 for any signs of trouble, encouraged to call and to be helpful and cooperative with the police when they arrive. They were informed of the City's Compliance Check Programs and to check identification. They were reminded it is illegal to over serve or serve intoxicated patrons and that many of the police reports reference the person involved as being highly intoxicated. City of West Allis Page 1 Printed on 1/22/2016 License & Health Committee Meeting Minutes October 27, 2015 D. NEW AND PREVIOUS MATTERS 2. 2015-0725 2015-2016 Adult-Oriented Establishment Operator Permit application no. 2255 of Erica M. Heard. Nonappearance of Erica M. Heard. Ms. Heard 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. 3. 2015-0658 2015-2016 Adult-Oriented Establishment Operator Permit application no. 2245 of Cordney E. Wren. Second nonappearance of Cordney E. Wren. Mr. Wren 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 two (2) nonappearances. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 4. 2015-0615 2015-2016 Adult-Oriented Establishment Operator Permit application no. 2241 of Jonekka E. Glenn. Third nonappearance of Jonekka E. Glenn. Ms. Glenn did not contact the Clerk's Office. A motion was made by Ald. Weigel, seconded by Ald. Barczak, that this matter was Recommended for Denial based on three (3) nonappearances. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 5. 2015-0720 Police Department Report regarding September 27, 2015 Alcohol Compliance Check involving thirteen (13) West Allis businesses, resulting with one (1) selling alcohol to an underage person without requesting identification (Layton Food & Gas LLC, Tarlok Bhatia, Agent, d/b/a Becher Liquor & Beer, premises located at 2077 S. 78 St.). Appearance by Tarlok Bhatia. Discussion ensued regarding the compliance check and that there is a cigarette training video regarding the laws and checking identification that business owners can utilize to help train their employees. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 2 Printed on 1/22/2016 License & Health Committee Meeting Minutes October 27, 2015 6. 2015-0718 Police Department Report involving The New 6500 Bar, 6500 W. Greenfield Ave., My Place, LLC, Lisa M. Branson, Agent, Incident Date: September 29, 2015. Appearance by Lisa M. Branson. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 7. 2015-0745 Police Department Report involving The New 6500 Bar, 6500 W. Greenfield Ave. of My Place, LLC, Lisa M. Branson, Agent, regarding Noise complaints, Incident Dates: September 12, 2015, September 13, 2015 and October 3, 2015. Appearance by Lisa Branson. Discussion ensued regarding noise complaints. Ald. Czaplewski stated he receives numerous calls complaining about noise especially around closing time. He thanked Ms. Branson for keeping the doors and windows closed, but stated something more needs to be done about the people outside. Ms. Branson replied that she was looking for a security company to monitor the activity outside the premises. She asked the Committee for any additional suggestions. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 8. 2015-0746 Police Department Report involving The Hideout, 6201 W. Mitchell St., of Hideout West Allis, Inc., Daniel R. Seiy, Agent, regarding Noise complaint and Trouble calls Incident Dates: September 20, 2015, August 29, 2015, September 5, 2015 and September 17, 2015. Nonappearance of Daniel R. Seiy. Mr. Seiy did not contact the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting in two (2) weeks. This matter was Held. 9. 2015-0747 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-363 of Jose M. Frandsen. Appearance by Jose M. Frandsen. Discussion ensued regarding Mr. Frandsen's application, his failure to list all his violations and tickets, and his background report. A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 3 Printed on 1/22/2016 License & Health Committee Meeting Minutes October 27, 2015 10. 2015-0748 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-364 of Steven D. McIntosh. Nonappearance by Steven D. McIntosh. Mr. McIntosh did not contact the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 11. 2015-0724 Appointment of new agent, Jason J. Powelski, by J. Beans Pub, LLC, d/b/a J. Beans Pub LLC located at 9033 W. National Avenue. (2015-2016 Class B Tavern License no. 1934, Dance Hall License no. 1935, and Instrumental Music License no. 2000). Appearance by Jason J. Powelski. Discussion ensued regarding Mr. Powelski's experience and connection with the business. A motion was made by Ald. Barczak, seconded by Ald. Weigel, that this matter was Recommended for Approval subject to the necessary requirement(s). The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 12. 2015-0754 2015-2016 Class B Tavern License application no. 2265, Dance Hall License application no. 2267 and Tavern Entertainment License-Other Entertainment application no. 2266 of NC Machi Property Management, LLC, Clement R. Vaia, Agent, d/b/a Dr. Morgan’s, for the premises located at 2110 S. 60 St. (new-existing location). Appearance by Clement R. Vaia. Discussion ensued regarding Mr. Vaia's business background experience. A motion was made by Ald. Barczak, 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 13. 2015-0689 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-352 for Erica J. Schluenz. Appearance by Erica J. Schluenz. Discussion ensued regarding Ms. Schluenz's police report. A motion was made by Ald. Barczak, seconded by Ald. Haass, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 4 Printed on 1/22/2016 License & Health Committee Meeting Minutes October 27, 2015 14. 2015-0729 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-355 of Melissa K. Czerwinski Nonappearance of Melissa K. Czerwinski. Ms. Czerwinski 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. 15. 2015-0726 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-356 of Orlando Yracheta. Appearance by Orlando Yracheta. Discussion ensued regarding Mr. Yracheta's police report. Ald. Barczak commented that Mr. Yracheta has not had any violations in five (5) years and would vote to approve this license. A motion was made by Ald. Barczak, seconded by Ald. Haass, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 16. 2015-0727 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-357 of Carl R. Williams. Appearance by Carl R. Williams. Discussion ensued regarding Mr. Williams' police report and the felony. A motion was made by Ald. Barczak, seconded by Ald. Haass, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 3- Ald. Czaplewski, Ald. Barczak, and Ald. Haass No: 2- Ald. Roadt, and Ald. Weigel 17. 2015-0728 2015-2017 Operator’s License (bartender/sales clerk) no. 17-349 of John H. Kabacinski. Appearance by John H. Kabacinski. Discussion ensued regarding Mr. Kabacinski's police report. Mr. Kabacinski was reminded to make good decisions for his customers and to not over serve. A motion was made by Ald. Weigel, seconded by Ald. Barczak, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 5 Printed on 1/22/2016 License & Health Committee Meeting Minutes October 27, 2015 18. 2015-0552 2015-2016 Class B Tavern License application no. 2237 of Vapor World, Inc., Viren Patel, Agent, d/b/a Vapor Bar, 7532 W. Oklahoma Avenue (new-nonexisting). Nonappearance of Viren Patel. Mr. Patel did not contact the Clerk's Office. Discussion ensued regarding Mr. Patel not following up with writing a letter of withdrawal for this application instead of being denied, as he stated at the License & Health meeting of August 4, 2015. Denied based on nonappearance. A motion was made by Ald. Haass, seconded by Ald. Barczak, that this matter was Recommended for Denial. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 E. DISCUSSION ITEMS City of West Allis Page 6 Printed on 1/22/2016 License & Health Committee Meeting Minutes October 27, 2015 19. 2015-0744 Discussion regarding 2015-2016 Class B Tavern, Class B Beer and Class C Wine Licenses not yet issued as of October 2015. Attachments: Appear for 11-17-15 Appearance by Ricky Sergeant. Mr. Sergeant stated he was waiting for the State to send him his WI Business Tax Registration Certificate. The Committee advised Mr. Sergeant to keep following up with the State until he receives it. The Committee directed he be ordered to appear at the License & Health meeting of November 17, 2015 if he does get this satisfied by November 12, 2015. Appearance by Christopher Surges. Mr. Surges informed the Committee he is planning to open in November. He said he has the items requested from the check list and will be bringing them to the Clerk's Office by October 30, 2015. Appearance by Vigneshwar R. Bhadharla. Mr. Bhadharla informed the Committee he is contacting the departments for the needed inspections. The Committee directed he be ordered to appear at the License & Health meeting of November 17, 2015 if he does get this satisfied by November 12, 2015. Nonappearance of Ed Brown. Mr. Brown contacted the Clerk's Office. The Committee directed he be ordered to appear at the License & Health meeting of November 17, 2015 if he does get this matter satisfied by November 12, 2015. Nonappearance of Dan Hilety. Mr. Hilety contacted the Clerk's Office and said he has been closed and is not going to appear or pay the balance due. Discussion ensued how long the business has been closed, Mr. Hilety's refusal to follow up with the necessary requirements and his refusal to appear. A motion was made by Ald. Czaplewski, seconded by Ald. Barczak to refer this matter to the City Attorney's Office for Summons and Complaint. The motion passed by the following vote: Ayes: 5 - Alderpersons Barczak, Czaplewski, Haass, Roadt and Weigel. This matter was Held. F. ADJOURNMENT A motion was made by Ald. Barczak, seconded by Ald. Roadt, to adjourn at 6:47 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 7 Printed on 1/22/2016