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: Kevin Haass, Michael P. May, Martin J. Weigel Tuesday, August 23, 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 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel Others present: Jason J. Powelski, Tina M. Minto & Tyrone Sanders, Daniel M. Christ, Paul A. McGivern, Molly Z. Wickham, Christopher J. Niemann, Sherri A. Lorimer, Stephanie H. Seefeldt, Vigneshwar Bhadharla, Tonja M. Bassett & Montel Hansen, Ronald L. Mellantine, Ald. Gary Barczak, Lt. Jessica Johnson, West Allis Police Dept., Nicholas Cerwin, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 1. 2016-0522 Minutes (draft) of the License & Health special meeting and recess meeting of August 2, 2016. Attachments: 080216 LH special Minutes (draft) 080216 LH recess Minutes (draft) A motion was made by Ald. Haass, seconded by Ald. May, that this matter be Approved. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS 2. 2016-0518 Police Department Report involving Just J's, 9033 W. National Ave., of Jayders, LLC, Jason J. Powelski, Agent, Incident Date: June 3, 2016. Appearance by Jason J. Powelski. Discussion ensued regarding the incident on June 3, 2016 and the police report. Mr. Powelski was reminded of the following: To have his employees call the police, that it is not the victim's responsibility, that the bartender should be aware of what is going on in the bar, to cooperate and comply with requests from the Police Officers, to provide surveillance video when requested, and that is illegal to serve to someone already 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 1 Printed on 11/21/2016 License & Health Committee Meeting Minutes August 23, 2016 3. 2016-0519 Police Department Report involving T & T Sportz Bar, 6404 W. National Ave., of T & T Sportz Bar, LLC, Tina M. Minto, Agent, Incident Dates: July 7 & 8, 2016. Appearance by Tina M. Minto and Tyrone Sanders. Discussion ensued regarding the way Mr. Sanders handled the incident. Ms. Minto & Mr. Sanders were told to call the police and not to push the problems out into the street and neighborhood. A motion was made by Ald. Haass, seconded by Ald. May, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 4. 2016-0520 Police Department Report involving Brass Monkey, 11904 W. Greenfield Ave., of ZJ Squared Ventures LLC, John G. Mackowski, Agent, Incident Date: July 9, 2016. Nonappearance of John G. Mackowski. Mr. Mackowski contacted the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 5. 2016-0516 2016-2017 Direct Sellers/Solicitors Permit application no. 17 of Anthony Vazquez, Jr. Nonappearance of Anthony Vazquez, Jr. Mr. Vazquez 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. 6. 2016-0494 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-194 of Abigail R. Sindelar. Nonappearance of Abigail R. Sindelar. Ms. Sindelar 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. 7. 2016-0495 2016-2017 Operator’s License (bartender/sales clerk) application no. 17-495 of Daniel M. Christ. Appearance by Daniel M. Christ. Discussion ensued regarding Mr. Christ's police report. Mr. Christ was reminded to make good choices for himself and his customers so the customer gets home safely. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 2 Printed on 11/21/2016 License & Health Committee Meeting Minutes August 23, 2016 8. 2016-0496 2016-2017 Operator’s License (bartender/sales clerk) application no. 17-494 of Paul A. McGivern. Appearance by Paul A. McGivern. Discussion ensued regarding Mr. McGivern's police report, and the changes he has made in his life. A motion was made by Ald. Haass, seconded by Ald. May, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. May No: 1- Ald. Weigel 9. 2016-0512 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-202 of Molly Z. Wickham. Appearance by Molly Z. Wickham. Discussion ensued regarding Ms. Wickham's police report. Ms. Wickham explained the circumstances regarding the incident on her police report. 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: 3- Ald. Czaplewski, Ald. Roadt, and Ald. Haass No: 2- Ald. May, and Ald. Weigel 10. 2016-0513 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-205 of Christopher J. Niemann. Appearance by Christopher J. Niemann. Discussion ensued regarding Mr. Niemann's police report, the amount of time since the incidents and the changes he has made in his life. Ald. Haass commented on the changes in the law that were made regarding the reporting of OWIs on a background check. Ald. Haass commented that an older OWI would drop off a person's record, now they stay on forever. 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: 3- Ald. Roadt, Ald. Haass, and Ald. May No: 2- Ald. Czaplewski, and Ald. Weigel 11. 2016-0514 2016-2017 Operator’s License (bartender/sales clerk) application no. 17-497 of Sherri A. Lorimer. Appearance by Sherri A. Lorimer. Discussion ensued regarding Ms. Lorimer's police report, the number of violations and consistency of the violations. A motion was made by Ald. Weigel, seconded by Ald. May, that this matter was Recommended for Denial based on the police record. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 3 Printed on 11/21/2016 License & Health Committee Meeting Minutes August 23, 2016 12. 2016-0515 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-203 of Stephanie H. Seefeldt. Appearance by Stephanie H. Seefeldt. Discussion ensued regarding Ms. Seefeldt's incomplete response to the question on the application of "have you ever been ticketed, arrested convicted, or fined for any violation(s) of Federal, State or City Laws." Recommended denial based on an incomplete application. A motion was made by Ald. Weigel, seconded by Ald. May, that this matter was Recommended for Denial based on an incomplete application. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 13. 2016-0478 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-169 of Christine Ann Stampfel. Second nonappearance of Christine Ann Stampfel. Ms. Stampfel did not contact the Clerk's Office. Recommended denial based on two (2) nonappearances. 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. Haass, Ald. May, and Ald. Weigel No: 0 14. 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. Second nonappearance of Maria E. Karczewski. Ms. Karczewski did not contact the Clerk's Office. Discussion ensued regarding this license application being for the license year 2015-2016, which was never issued and is now expired. This matter was Recommended to be Placed on File on a Block Vote. 15. 2016-0132 Application of Transfer of License from Premises to Premises of 2015-2016 Class B Tavern Liquor License renewal application of Rupena’s, Inc., Maria E. Karczewski, Agent, d/b/a Rupena’s Summit Café, from 6737 W. Washington St. to 7641 W. Beloit Rd. See legislative file no. 2015-0547. This matter was Recommended to be Placed on File on a Block Vote. 16. 2016-0444 2016-2017 Combination Class A Liquor License application no. 2338 of Parthenon Foods, Inc., Danny C. Sarandos, Agent, d/b/a Parthenon Foods, for the premises located at 8415 W. Greenfield Ave., (new-nonexisting location). This matter was Held. Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 4 Printed on 11/21/2016 License & Health Committee Meeting Minutes August 23, 2016 17. 2012-0366 Communication from Kevin McFaddan appealing the amended variance granted to Motor Castings. Attachments: McFadden amended variance appeal.07-03-12.pdf A motion was made by Ald. Weigel, seconded by Ald. May, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 E. CLOSED SESSION 18. 2016-0176 Summons and Complaint in the matter of the complaint against Vani’s Kitchen, Inc., Vigneshwar Bhadharla, Agent, for the premises located at 10535 W. Greenfield Ave., d/b/a Vani’s Kitchen (2015-2016 Class B Beer License renewal application no. 1984, Class C Wine License renewal application no. 1985, and Restaurant Permit). Attachments: Summons Vani's Kitchen 3-22-16 Complaint Vani's Kitchen 3-22-16 Appearance by Vigneshwar Bhadharla. Discussion ensued regarding that all neccessary requirements have now been met and the licenses can be issued. This matter was Recommended to be Placed on File on a Block Vote. 19. 2016-0231 Findings and Recommendations in the Matter of the complaint against Vani’s Kitchen, Inc., 10535 W. Greenfield Avenue (2015-2016 Class B Beer License renewal application no. 1984 and Class C Wine License renewal application no. 1985). Attachments: Vani's Kitchen F&R 5-17-16 See legislative file no. 2016-0176. This matter was Recommended to be Placed on File on a Block Vote. 20. 2016-0326 Response of Vani’s Kitchen, Inc., to the Findings and Recommendation of the License & Health Committee and Motion to Modify the Recommendation. Attachments: Vani's Kitchen, Inc. response See legislative file no. 2016-0176. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 5 Printed on 11/21/2016 License & Health Committee Meeting Minutes August 23, 2016 21. 2016-0475 2016-2017 Class B Beer License renewal application no. 1984 of Vani's Kitchen, Inc., Vigneshwar Bhadharla, Agent, d/b/a Vani's Kitchen located at 10535 W. Greenfield Ave. See legislative file no. 2016-0176. This matter was Recommended for Approval subject to the necessary requirement(s) on a Block Vote. 22. 2016-0476 2016-2017 Class C Wine License renewal application no. 1985 of Vani's Kitchen, Inc., Vigneshwar Bhadharla, Agent, d/b/a Vani's Kitchen located at 10535 W. Greenfield Ave. See legislative file no. 2016-0176. This matter was Recommended for Approval subject to the necessary requirement(s) on a Block Vote. Passed The Block Vote A motion was made by Ald. Weigel, seconded by Ald. Haass, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 F. DISCUSSION ITEM 23. 2016-0527 Discussion regarding calls of concern and complaints received by the District Alderpersons for JM 6500 Investments, LLC, Tonja M. Bassett, Agent, d/b/a 6500 Restaurant & Bar, premises located at 6500 W. Greenfield Ave. Appearance by Tonja M. Bassett & Montel Hansen, bar manager. Discussion ensued regarding noise complaints, motorcycles, engines revving, and smoking areas. Ms. Bassett and Mr. Hansen responded that they keep the windows and doors closed, ask patrons to smoke on the patio in back, and have not had any problems with motorcycles. The Committee reminded Ms. Bassett to have her door security keep an eye on outside activities and reminded her that her establishment is in a residential area and they need to be respectful of the neighbors and neighborhood. This matter was Discussed and Consensus Given. City of West Allis Page 6 Printed on 11/21/2016 License & Health Committee Meeting Minutes August 23, 2016 24. 2016-0521 Discussion regarding Top Dog Enterprises, LLC, Ronald L. Mellantine, Agent, d/b/a The Choice Eatery & Entertainment, premises located at 9638 W. National Ave. Appearance by Ronald L. Mellantine. Discussion ensued regarding when Mr. Mellantine had originally applied for the license, the length of time Mr. Mellantine has been remodeling and holding onto the license, and his projected opening date. Mr. Mellantine explained the problems he has run into. Mr. Mellantine was told to contact Building Inspections and Neighborhood Services, to begin the inspections and find out what else he needs. Ald. Roadt stated he would be in touch with the Director of Building Inspections for a progress report. A motion was made by Ald. Weigel, seconded by Ald. Roadt, to refer this matter for Summons and Complaint to the City Attorney's Office. The motion carried unanimously. Assistant City Attorney Cerwin was asked to prepare a Summons and Complaint for the meeting of October 18, 2016. At that time, if Mr. Mellantine does not have his business operating the Committee stated they would proceed with the Summons & Complaint for revocation. This matter was Discussed and Consensus Given. G. ADJOURNMENT A motion was made by Ald. Haass, seconded by Ald. Weigel, that this matter was Approved. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 7 Printed on 11/21/2016