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, January 26, 2016 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 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel Excused 1- Ald. Barczak Others present: Cory & Becky Hundley, Tim Fletcher, & Attorney Marcus Sengstock, Donald Henry & Fred D. Bell, Emily M. Yaunke, Tyrone Sanders, Lorissa Fuentes, Carlos D. Orozco, Oyweda R. Watkins, Attorney Tim Umlin & David Carr, Heather A. Rodriguez, Paul Budiac, Andrew P. Janocik, Patrick R. Kosidowski, Lawrence E. Pryor, Tammy L. Dopp, Gina Marie Jaeckel, Guy M. Robb, Dale J. Kristbaum, Thomas J. Lubas, Philip J. Lehman, Inderjeet Singh, Kulwinder S. Dhaliwal, Pravinkumar R. Patel, Bhola Singh, Talwinder Soos, Steven N. Pohlabel, II, Attorney John Fuchs & Larry Warwick, 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. 2016-0062 Minutes (draft) of the License & Health special meetings of November 17, 2015, November 19, 2015, recess meetings of November 17, 2015, December 1, 2015, December 15, 2015, January 5, 2016 and January 19, 2016. Attachments: 11-17-15 LH special Minutes (draft) 11-19-15 LH special Hearing Minutes (draft) 11-17-15 LH recess Minutes (draft) 12-01-15 LH recess Minutes (draft) 12-15-15 LH recess Minutes (draft) 01-05-16 LH recess Minutes (draft) 01-19-16 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 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 An explanation was given to all in attendance regarding the procedure for licenses acted on at this meeting. The Committee would give their recommendations to the Common Council on February 2, 2016 and licenses granted on February 2, 2016 could be picked up at the Clerk's Office Wednesday, February 3, 2016 between the hours of 10:30 am and 3:00 pm pending Mayoral approval. After 3:00 pm the licenses would be mailed. All in attendance were told of the importance of calling 911 and to be helpful and cooperative with the police when they arrive. They were reminded that it is against the law to serve an intoxicated person. They were informed of the City's Compliance Check Program. D. NEW AND PREVIOUS MATTERS 31. 2016-0058 Police Department Report involving Incredi-Roll Skate, 10928 W. Oklahoma Ave., of Wisconsin Skate University, Inc., Cory G. Hundley, Agent, Incident Date: December 26, 2015. Appearance by Cory & Becky Hundley, Tim Fletcher, and Attorney Marcus Sengstock. A powerpoint presentation was given regarding the night of the incident and what steps and precautions they are implementing to try to prevent this from happening again. A motion was made by Ald. Roadt, 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 2. 2016-0059 Request to amend the 2015-2016 Public Entertainment Form for the 2015-2016 Entertainment Club License no. 2246 of Just For Today, Donald Henry and Fred D. Bell, Partners, for the premises located at 1900 S. 60 St. Appearance by Donald Henry and Fred D. Bell. Discussion ensued regarding the reason for wanting to have instrumental music and dance at the club. Mr. Henry told the Committee it would generate revenue to help the club stay open. He stated the events would be geared toward the recovery community. He stated since they have been open, they have not had any problems like the former tenants. Ald. Weigel stated that the club would be open for all and stated concerns regarding crowds and parking and asked Attorney Merten if Mr. Henry could apply for a special event permit for one or two days. Ms. Merten replied that the Special Instrumental Music Permit was only for alcohol establishments. Mr. Henry asked if they could have a trial period. A meeting will be set up between Mr. Henry and the City Attorney's Office to write an agreement for a trial period for the Committee to review. A motion was made by Ald. Haass, seconded by Ald. Czaplewski, that this matter was Recommended For Approval. The motion failed by the following vote: Aye: 2- Ald. Czaplewski, and Ald. Haass No: 2- Ald. Roadt, and Ald. Weigel City of West Allis Page 2 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 3. 2016-0011 Communication from Assistant City Attorney regarding failure to follow the terms of the payment agreement for delinquent 2014 personal property taxes signed on February 24, 2015, for 5632 W. Burnham St., 57 Bar, Jeffrey K. Lau, Agent, dated December 14, 2015. Attachments: Atty. comm. re:delq ppt Nonappearance of Jeffrey K. Lau. Mr. Lau contacted the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. Attorney Jenna Merten informed the Committee that Mr. Lau has a Municipal Judgement along with delinquent personal property taxes. This matter was Held 4. 2015-0622 Communication from Assistant City Attorney regarding failure to follow the terms of the payment agreement for delinquent 2014 personal property taxes signed on February 24, 2015, for 5632 W. Burnham St., 57 Bar, Jeffrey K. Lau, Agent, dated August 14, 2015. Attachments: Atty. comm. 57 Bar nonpayment of PPTs See legislative file no. 2016-0011. This matter was Held 5. 2016-0009 2015-2016 Adult-Oriented Establishment Operator Permit application no. 2277 of Emily M. Yaunke. Appearance by Emily M. Yaunke. Discussion ensued regarding Ms. Yaunke's police 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: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 6. 2016-0055 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-405 of Tammela Jo Maddox. Nonappearance of Tammela Jo Maddox. Ms. Maddox 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 3 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 7. 2016-0004 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-372 of Tyrone Sanders. Appearance by Tyrone Sanders. Discussion ensued regarding Mr. Sanders police report. The Committee informed Mr. Sanders that a third DUI violation could be grounds for revocation of his license. A motion was made by Ald. Haass, 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 8. 2016-0027 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-397 of Lorissa Fuentes. Appearance by Lorissa Fuentes. Discussion ensued regarding Ms. Fuentes' police report. A motion was made by Ald. Weigel, seconded by Ald. Haass, 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 9. 2015-0825 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-381 of Candise R. McCrum. Second nonappearance of Candise R. McCrum. Ms. McCrum did not contact the Clerk’s Office. Recommended for denial based on two (2) nonappearances. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended for Denial. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 10. 2015-0810 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-364 of Carlos D. Orozco. Appearance by Carlos D. Orozco. Discussion ensued regarding Mr. Orozco's 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 City of West Allis Page 4 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 11. 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-nonexisting location). Appearance by Oyweda R. Watkins. Discussion ensued regarding the history of the Class A Beer License at this location. The committee stated we are over quota. Ms. Watkins inquired if she could get a refund, if she could still open a convenience store at the location and apply for a Cigarette License. The Committee told her to write a letter for the Clerk's Office regarding a refund or transferring money to a different application. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended for Denial based on the municipal quota and Placed on File. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 12. 2015-0547 2015-2016 Class B Tavern License renewal application no. 862 of Rupena’s, Inc., Maria E. Karczewski, Agent, d/b/a Rupena’s Summit Café, for the premises located at 6737 W. Washington St. Nonappearance of Maria E. Karczewski. Ms. Karczewski 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 13. 2016-0050 Police Department Report regarding December 18, 2015 Tobacco Compliance Check involving twelve (12) West Allis businesses, resulting with one (1) selling tobacco to an underage person without requesting identification (Speedway, LLC, Anthony R. Benner, Agent, d/b/a Speedway #4152, premises located at 5712 W. Burnham St.). Appearance by Attorney Tim Umlin and District Manager David Carr for Speedway. They informed the Committee that the company policy is to terminate the employee that sold the product and that the corporation takes responsibility for paying the ticket. A motion was made by Ald. Roadt, seconded by Ald. Weigel, 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 City of West Allis Page 5 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 14. 2015-0843 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Heather A. Rodriguez, Agent, of HMSR LLC, d/b/a Stinger’s, premises located at 9524 W. Greenfield Ave.) Appearance by Heather A. Rodriguez. Discussion ensued regarding the Compliance Check Program and report. Chair Czaplewski addressed Ms. Rodriguez, Mr. Budiac, Mr. Janocik, Mr. Kosidowski, Mr. Pryor, Ms. Dopp, Ms. Jaeckel, and Mr. Robb regarding the compliance checks. He stated that he stands behind the Police Department and the Compliance Check Program. The license holders were advised to develop a policy for carding their patrons and reminded them that a male with a beard could still be underage. The license holders were informed of the reason for the delay in being notified that they did not pass the compliance check. This matter was Recommended to be Placed on File on a Block Vote. 15. 2015-0844 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Kristine M. Budiac, Agent, of Paulie’s Pub & Eatery, LLC, d/b/a Paulie’s Pub & Eatery, LLC, premises located at 8031 W. Greenfield Ave.) Appearance by Paul Budiac for Kristine Budiac. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. 16. 2015-0845 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Andrew P. Janocik, Agent, of Janocik and Janocik, LLC, d/b/a Walleye Saloon, premises located at 8824 W. Becher St.) Appearance by Andrew P. Janocik. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. 17. 2015-0846 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Patrick R. Kosidowski, Agent, of Alibi Taverns, LLC, d/b/a The Alibi Tavern, premises located at 6540 W. Grant St.) Appearance by Patrick R. Kosidowski. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. City of West Allis Page 6 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 18. 2015-0847 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Lawrence E. Pryor, Agent, of The Buzzard’s Nest, LLC, d/b/a The Buzzard’s Nest, premises located at 6000 W. Mitchell St.) Appearance by Lawrence E. Pryor. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. 19. 2015-0848 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Tammy L. Dopp, Agent, of Doppelganger’s, Inc., d/b/a Dopp’s Bar & Grill, premises located at 1753 S. 68 St.) Appearance by Tammy L. Dopp. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. 20. 2015-0849 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Gina Marie Jaeckel, Agent, of Kip’s Inn, Inc., d/b/a Kip’s Inn, premises located at 837 S. 108 St.) Appearance by Gina Marie Jaeckel. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. 21. 2015-0850 Police Department Report regarding November 11, 2015 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with eight (8) selling alcohol to an underage person without requesting identification (Guy M. Robb, Agent, of Guy M. Robb, LLC, d/b/a GR’s National Pub, premises located at 6827 W. National Ave.) Appearance by Guy M. Robb. See legislative file no. 2015-0843. This matter was Recommended to be Placed on File on a Block Vote. Passed The Block Vote A motion was made by Ald. Roadt, seconded by Ald. Weigel, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: City of West Allis Page 7 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 22. 2016-0041 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving nine (9) West Allis businesses, resulting with three (3) selling alcohol to an underage person without requesting identification (Dale J. Kristbaum, Agent, of Papa’s Pub, LLC, d/b/a Papa’s Pub, premises located at 1101 S. 60 Street). Appearance by Dale J. Kristbaum. Discussion ensued regarding the Compliance Check Program and report. Chair Czaplewski addressed Mr. Kristbaum, Mr. Lubas and Mr. Lehman regarding the compliance checks. He stated that he stands behind the Police Department and the Compliance Check Program. The license holders were advised to develop a policy for carding their patrons. The license holders were informed of the reason for the delay in being notified that they did not pass the compliance check. This matter was Recommended to be Placed on File on a Block Vote. 23. 2016-0042 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving nine (9) West Allis businesses, resulting with three (3) selling alcohol to an underage person without requesting identification (Thomas J. Lubas, Agent, of Toms Foolery, LLC, d/b/a Toms Foolery, premises located at 6922 W. Orchard Street). Appearance by Thomas J. Lubas. See legislative file no. 2016-0041. This matter was Recommended to be Placed on File on a Block Vote. 24. 2016-0043 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving nine (9) West Allis businesses, resulting with three (3) selling alcohol to an underage person without requesting identification (Philip J. Lehman, Agent, of Phylo’s, LLC, d/b/a Phylo’s, premises located at 1501 S. 70 Street). Appearance by Philip J. Lehman. See legislative file no. 2016-0041. This matter was Recommended to be Placed on File on a Block Vote. 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 City of West Allis Page 8 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 25. 2016-0044 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving eight (8) West Allis businesses, resulting with six (6) selling alcohol to an underage person without requesting identification (Inderjeet Singh, Agent, of Supreme Enterprises, Inc., d/b/a Oklahoma Liquor & Tobacco, premises located at 10711 W. Oklahoma Avenue). Appearance by Inderjeet Singh. Discussion ensued regarding the Compliance Check Program and reports. Chair Czaplewski addressed Mr. Inderjeet Singh, Mr. Dhaliwal, Mr. Patel, Mr. Bhola Singh, and Mr. Soos, regarding the compliance checks. He stated that he stands behind the Police Department and the Compliance Check Program. The license holders were advised to develop a policy for carding their patrons. The license holders were informed of the reason for the delay in being notified that they did not pass the compliance check. A license holder stated his concern regarding the appearance letter enclosure with the police report and it being mailed to multiple license holders which divulges personal information. He was reminded that the information on the reports and the licenses are public record. A suggestion was made that the establishments that pass a compliance check be notified. Chair Czaplewski suggested a letter be mailed to those that did comply. This matter was Recommended to be Placed on File on a Block Vote. 26. 2016-0045 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving eight (8) West Allis businesses, resulting with six (6) selling alcohol to an underage person without requesting identification (Kulwinder S. Dhaliwal, Agent, of Pooja, LLC, d/b/a Walsh’s Beer & Liquor, premises located at 10910 W. Greenfield Avenue). Appearance by Kulwinder S. Dhaliwal. See legislative file no. 2016-0044. This matter was Recommended to be Placed on File on a Block Vote. 27. 2016-0046 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving eight (8) West Allis businesses, resulting with six (6) selling alcohol to an underage person without requesting identification (Pravinkumar R. Patel, Agent, of Shivkrupa, LLC, d/b/a Express Pantry, premises located at 8530 W. Greenfield Avenue). Appearance by Pravinkumar R. Patel. See legislative file no. 2016-0044. This matter was Recommended to be Placed on File on a Block Vote. City of West Allis Page 9 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 28. 2016-0047 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving eight (8) West Allis businesses, resulting with six (6) selling alcohol to an underage person without requesting identification (Sukhdeep K. Randhawa, Agent, of Dilmil, Inc., d/b/a West Allis Liquor & Tobacco, premises located at 7218 W. Greenfield Avenue). Nonappearance of Sukhdeep K. Randhawa. Ms. Randhawa contacted the Clerk's Office. The Committee requested she be ordered to appear at the next scheduled License & Health meeting. This matter was Held 29. 2016-0048 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving eight (8) West Allis businesses, resulting with six (6) selling alcohol to an underage person without requesting identification (Bhola Singh, Agent, of National Quick Food Mart LLC, d/b/a Kwik Pantry, premises located at 5631 W. National Avenue). Appearance by Bhola Singh. See legislative file no. 2016-0044. This matter was Recommended to be Placed on File on a Block Vote. 30. 2016-0049 Police Department Report regarding December 17, 2015 Alcohol Compliance Check involving eight (8) West Allis businesses, resulting with six (6) selling alcohol to an underage person without requesting identification (Talwinder Soos, Agent, of Taj & Navi Corporation, d/b/a One Stop West Allis Food & Liquor, premises located at 5909 W. Lincoln Avenue). Appearance by Talwinder Soos. See legislative file no. 2016-0044. This matter was Recommended to be Placed on File on a Block Vote. Passed The Block Vote A motion was made by Ald. Weigel, seconded by Ald. Roadt, 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 City of West Allis Page 10 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 32. 2016-0040 Police Department Report involving Heart Breakers, 9440 W. National Avenue, of Milwaukee Entertainment, LLC, Steven N. Pohlabel, II, Agent, Incident Date: January 1, 2016. Appearance by Steven N. Pohlabel, II, Attorney John Fuchs and Larry Warwick. Discussion ensued regarding the police report. Attorney Fuchs presented to the Committee the steps being taken to prevent this type of incident in the future. Attorney Fuchs stated they were working on a security plan to be implemented within thirty (30) days. The Committee asked to have their security plan on the agenda for review at the meeting on February 16, 2016. A motion was made by Ald. Roadt, 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 33. 2016-0038 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: 2015. Nonappearance of Edward A. Brown, Jr. The Committee voted to refer this matter for Summons & Complaint to the City Attorney based on Mr. Brown's nonappearance, the police report and loss of premise. A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter was Referred for Summons and Complaint to the City Attorney. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 0 E. MATTERS FOR DISCUSSION/ACTION 34. 2015-0744 Discussion regarding 2015-2016 Class B Beer and Class C Wine Licenses not yet issued as of October 2015. Attachments: Appear for 11-17-15 Nonappearance of Vigneshwar Bhadharla. Mr. Bhadharla contacted the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. This matter was Held City of West Allis Page 11 Printed on 3/2/2017 License & Health Committee Meeting Minutes January 26, 2016 F. ADJOURNMENT A motion was made by Ald. Roadt, seconded by Ald. Weigel, to adjourn at 8:07 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 12 Printed on 3/2/2017