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 Wednesday, March 15, 2017 6:00 PM City Hall Room 128 SPECIAL MEETING-HEARING 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 Ald. Weigel recused himself based on he was the complainant in this matter. A second roll call was taken to reflect Ald. Weigel being excused. Present 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. May Excused 1- Ald. Weigel Others present: Beant Singh, Attorney Jacob Manian, Special Agent Erin Dorn, WI Department of Revenue Alcohol and Tobacco Enforcement Unit, Detective Forrest Clevenstine, New Berlin Police Department, Attorney Jenna Merten, Assistant City Attorney, Nicholas Cerwin, Assistant City Attorney, and Ann Marie Neff, Secretary to the Committee. C. HEARING Hearing on the complaint in the matter of Bunty’s Liquor LLC, Beant Singh, Agent, for the premises located at 8423 W. Cleveland Ave., d/b/a Cleveland Ave. Bunty’s Liquor, (2016-2017 Combination Class A Liquor License no. 1351 and Cigarette and Tobacco Products License no. 1354). Attorney Manian stated he and his client contested the allegations in the complaint of paragraph 9 and paragraph 11. The following were sworn in by Ald. Czaplewski as they were called upon to testify: Beant Singh, Special Agent Erin Dorn, WI Department of Revenue Alcohol and Tobacco Enforcement Unit, Detective Forrest Clevenstine, New Berlin Police Department. They were examined and cross-examined by Assistant City Attorney Nicholas Cerwin and Attorney Jacob Manian, and questioned by the License and Health Committee members and Assistant City Attorney Jenna Merten. Exhibits 1 through 9 were submitted into evidence by Attorney Cerwin after being examined by Beant Singh, Attorney Manian and the License and Health Committee members. Closing statements were made by Attorney Cerwin, Attorney Manian, and a rebuttal by Attorney Cerwin. City of West Allis Page 1 Printed on 5/18/2017 License & Health Committee Meeting Minutes March 15, 2017 D. CLOSED SESSION At 7:50 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 Complaint regarding Bunty’s Liquor LLC, Beant Singh, Agent, (2016-2017 Combination Class A Liquor License no. 1351 and Cigarette and Tobacco Products License no. 1354, d/b/a Cleveland Ave. Bunty’s Liquor, for the premises located at 8423 W. Cleveland Ave.). 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. Haass, seconded by Ald. May, to convene in closed session at 7:50 p.m. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. May No: 0 Others present: City Attorney Jenna Merten, and Ann Marie Neff. Upon conclusion of the closed session at 8:15 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. A motion was made by Ald. Haass, seconded by Ald. May that: The Committee finds that the allegations in the complaint are true. The Committee finds that Bunty’s Liquor, LLC purchased intoxicating liquor from a non-wholesaler, purchased intoxicating liquor without invoices, and received stolen property contrary to the ordinances of the City and the laws of the State. Wherefore, the Committee recommends to the Common Council that Bunty's Liquor, LLC, d/b/a Cleveland Ave. Bunty's Liquor, 2016-2017 Combination Class A Liquor License and 2016-2017 Cigarette and Tobacco Product License be suspended for a period of forty-five (45) days. The Committee also directs the City Attorney to prepare formal Findings and Recommendation for the Common Council Meeting of April 4, 2017. The motion carried by the following vote: Aye: 4 - Ald. Czaplewski, Ald. Roadt, Ald, Haass, and Ald. May No: 0 City of West Allis Page 2 Printed on 5/18/2017 License & Health Committee Meeting Minutes March 15, 2017 E. NEW AND PREVIOUS MATTERS 1. 2016-0744 Summons and Complaint in the matter of the complaint against Bunty’s Liquor LLC, Beant Singh, Agent, 8423 W. Cleveland Ave., d/b/a Cleveland Ave. Bunty’s Liquor, (2016-2017 Combination Class A Liquor License no. 1351 and Cigarette and Tobacco Products License no. 1354). Attachments: Summons and Complaint This matter was Held. 2. 2016-0716 New Berlin Police Department Report involving Cleveland Ave. Bunty’s Liquor, 8423 W. Cleveland Avenue, Bunty’s Liquor, LLC, Beant Singh, Agent, Incident Date: August 11, 2016. This matter was Held. F. ADJOURNMENT A motion was made by Ald. Roadt, seconded by Ald. May, to adjourn at 8:20 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 3 Printed on 5/18/2017