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, November 17, 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 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel Others present: Daniel Hilety, Heather K. Pijka, Steven A. Denneau, Steven D. McIntosh, Daniel R. Seiy, Attorney Michael Verrilli and Charline Hart, Attorney Andrew Arena and Oyweda R. Watkins, Barry Waddell, West Allis Police Dept., Scott Post, City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 2015-0790 Minutes (draft) of the License & Health regular meeting October 27, 2015 and recess meeting of November 3, 2015. Attachments: 10-20-15 LH recess Minutes (draft) 11-03-15 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 12/31/2015 License & Health Committee Meeting Minutes November 17, 2015 D. NEW AND PREVIOUS MATTERS 44. 2015-0770 Summons and Complaint in the matter of the complaint against Daniel Hilety, for the premises located at 5832 W. Lincoln Ave., d/b/a Sale Inn (2015-2016 Class B Tavern License renewal application). Attachments: Summons Sales Inn Complaint Sale Inn Affidavit of Service Appearance by Daniel Hilety. Mr. Hilety told the Committee he closed the business and wanted to sell the property. Mr. Hilety stated he thought the license stayed with the address and said he wasn't aware he needed to pay for the license in full because he was not operating. The Committee informed Mr. Hilety that if he lets his license lapse there may not be one available for the new owner. The Committee stated they would hold this matter until December 1, 2015 to allow Mr. Hilety time to pay the balance of the license fees to the Clerk's Office. This matter was Held. 45. 2015-0771 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-360 of Heather K. Pijka. Appearance by Heather K. Pijka. Discussion ensued regarding Ms. Pijka's police report. She was reminded to make good choices for the patrons she serves and cautioned that if she receives a third OWI her Operator’s License (bartender/sales clerk) may be subject to revocation. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 46. 2015-0772 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-376 of Steven A. Denneau. Appearance by Steven A. Denneau. Discussion ensued regarding Mr. Denneau's police report. The Committee cautioned Mr. Denneau that if he receives a third OWI his Operator’s License (bartender/sales clerk) may be subject to revocation. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 47. 2015-0791 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-378 of Michelle L. Drury. Nonappearance of Michelle L. Drury. Ms. Drury 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 2 Printed on 12/31/2015 License & Health Committee Meeting Minutes November 17, 2015 48. 2015-0748 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-364 of Steven D. McIntosh. Appearance by Steven D. McIntosh. Discussion ensued regarding Mr. McIntosh'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 49. 2015-0725 2015-2016 Adult-Oriented Establishment Operator Permit application no. 2255 of Erica M. Heard. Second nonappearance of Erica M. Heard. Ms. Heard did not contact the Clerk's Office. A motion was made by Ald. Roadt, seconded by Ald. Barczak, 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 50. 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. Appearance by Daniel R. Seiy. Discussion ensued regarding the noise and trouble police calls. Mr. Seiy assured the Committee the problem had been taken care of. A motion was made by Ald. Barczak, seconded by Ald. Weigel, 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 2015-0806 Communication from Attorney Michael Verrilli regarding Affidavit of Charline Hart in the matter of the Complaint against Bechers Corner Spot, LLC, at 2079 S. 69 St. Attachments: Affidavit of Charline Hart Appearance by Charline Hart, Attorney Michael Verrilli, Oyweda R. Watkins and Attorney Andrew Arena. Discussion ensued regarding Ms. Hart volunteering to surrender the licenses once Ms. Watkins applications were approved. This matter was Held until after the closed session. City of West Allis Page 3 Printed on 12/31/2015 License & Health Committee Meeting Minutes November 17, 2015 2015-0579 Summons and Complaint in the matter of the complaint against Bechers Corner Spot, LLC, Charline S. Hart, Agent, for the premises located at 2079 S. 69 St., d/b/a The Corner Spot (2015-2016 Class A Beer License no. 2199, Cigarette License no. 2230 and Food-Related Permits/Licenses). Attachments: Summons - The Corner Spot 8-4-15 Complaint - The Corner Spot 8-4-15 See legislative file no. 2015-0806. This matter was Held until after the closed session. 2015-0787 2015-2016 Class A Beer License application no. 2272 of GMAS Property Management LLC, Oyweda R. Watkins, Agent, d/b/a The Corner Spot, 2079 S. 69 St., (new-existing location). See legislative file no. 2015-0806. This matter was Held until after the closed session. 2015-0530 Police Department Report involving The Corner Spot, 2079 S. 69 St., Bechers Corner Spot, LLC, Charline S. Hart, Agent, Incident Date: June 24, 2015. See legislative file no. 2015-0806. This matter was Held until after the closed session. 2015-0580 Department of Revenue Field Report from June 24, 2015 regarding Bechers Corner Spot, LLC, (2014-2015 Class A Beer License no. 2199 and Cigarette no. 2230, Charline S. Hart, Agent, d/b/a The Corner Spot, premises located at 2079 S. 69 St.). Attachments: DOR Field Report 6-24-15 See legislative file no. 2015-0806. This matter was Held until after the closed session. City of West Allis Page 4 Printed on 12/31/2015 License & Health Committee Meeting Minutes November 17, 2015 E. DISCUSSION ITEMS 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 Nonappearance of Ricky Sergeant. Mr. Sergeant satisfied the requirements to obtain his Class B Tavern License. Nonappearance of Vigneshwar R. Bhadharla. Mr. Bhadharla contacted the Clerk's Office and stated he was expecting to satisfy his requirements within a week. The Committee held this until December 1, 2015, if the license is not issued by then. This matter was Held. F. CLOSED SESSION A closed session was not held on the Summons and Complaint regarding Daniel G. Hilety, for the premises located at 5832 W. Lincoln Ave., d/b/a Sale Inn (2015-2016 Class B Tavern License renewal application no. 709). F1. CLOSED SESSION At 6:35 p.m., Chair Czaplewski stated it was the intention of the Committee 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 Bechers Corner Spot, LLC, Charline S. Hart, Agent, (2015-2016 Class A Beer License no. 2199, Cigarette License no. 2230 and Food-Related permits/Licenses, d/b/a The Corner Spot for the premises located at 2079 S. 69 St). 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. A motion was made by Ald. Barczak, seconded by Ald. Weigel, to convene in closed session in Room 113 at 6:35 p.m. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 Others present: City Attorney Scott Post, Ald. Probst, Ald. Reinke and Ann Marie Neff. Upon conclusion of the closed session at 6:50 p.m., the License and Health Committee reconvened in open session at said time 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. Present 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel City of West Allis Page 5 Printed on 12/31/2015 License & Health Committee Meeting Minutes November 17, 2015 2015-0806 Communication from Attorney Michael Verrilli regarding Affidavit of Charline Hart in the matter of the Complaint against Bechers Corner Spot, LLC, at 2079 S. 69 St. Attachments: Affidavit of Charline Hart After the closed session the Committee decided to proceed with the hearing. This matter was Held for the hearing. 2015-0579 Summons and Complaint in the matter of the complaint against Bechers Corner Spot, LLC, Charline S. Hart, Agent, for the premises located at 2079 S. 69 St., d/b/a The Corner Spot (2015-2016 Class A Beer License no. 2199, Cigarette License no. 2230 and Food-Related Permits/Licenses). Attachments: Summons - The Corner Spot 8-4-15 Complaint - The Corner Spot 8-4-15 See legislative file no. 2015-0806. This matter was Held for the hearing. 2015-0787 2015-2016 Class A Beer License application no. 2272 of GMAS Property Management LLC, Oyweda R. Watkins, Agent, d/b/a The Corner Spot, 2079 S. 69 St., (new-existing location). See legislative file no. 2015-0806. This matter was Held for the hearing. 2015-0530 Police Department Report involving The Corner Spot, 2079 S. 69 St., Bechers Corner Spot, LLC, Charline S. Hart, Agent, Incident Date: June 24, 2015. See legislative file no. 2015-0806. This matter was Held for the hearing. 2015-0580 Department of Revenue Field Report from June 24, 2015 regarding Bechers Corner Spot, LLC, (2014-2015 Class A Beer License no. 2199 and Cigarette no. 2230, Charline S. Hart, Agent, d/b/a The Corner Spot, premises located at 2079 S. 69 St.). Attachments: DOR Field Report 6-24-15 See legislative file no. 2015-0806. This matter was Held for the hearing. G. ADJOURNMENT A motion was made by Ald. Barczak, seconded by Ald. Weigel, to adjourn at 7:08 p.m. The motion carried unanimously Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 6 Printed on 12/31/2015