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License and Health Committee (INACTIVE)

Regular Meeting

West Allis, WI · June 20, 2017

AgendaMinutes

Minutes

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, June 20, 2017 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. Haass, Ald. May, and Ald. Weigel Others present: Iqbal Kaur, Heather A. De Jesus, Susan C. Jesion, Tina M. Minto, Robin Mastera, Ronald L. Mellantine, Ald. Thomas Lajsic, Sally Nusslock, West Allis Health Commissioner; Ed Lisinski, Director of Building Inspections & Neighborhood Services; Nicholas Cerwin, Assistant City Attorney, and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 2017-0353 Minutes (Draft) of the License & Health special meeting of June 6, 2017 and recess meeting of June 6, 2017. Attachments: 060617 LH special Minutes (draft) 060617 LH recess Minutes (draft) A motion was made by Ald. Roadt, seconded by Ald. Haass, to approve the minutes of the License & Health special meeting of June 6, 2017 and recess meeting of June 6, 2017. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS 53. 2017-0363 2017-2018 Combination Class A Liquor License application no. 2467 of Super Liquor and Grocery LLC, Iqbal Kaur, Agent, d/b/a Super Liquor and Grocery LLC, for premises located at 5801 W. Beloit Road (new-existing location). Appearance by Ms. Iqbal Kaur and Mr. Kaur. Discussion ensued regarding Mr. Kaur's plans for the building once he purchases the property from the County and Mr. Kaur has the license approved. Mr. Kaur stated he wants to make it a grocery, liquor store with other small shops in the building. The Committee informed Mr. Kaur to contact the Planning Department regarding requirements needed for a Special Use Permit. Mr. Kaur was informed that a Public Hearing would need to be held. This matter was Held. City of West Allis Page 1 Printed on 7/12/2017 License & Health Committee Meeting Minutes June 20, 2017 47. 2017-0350 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-71 of Steven J. Kling. Nonappearance of Steven J. Kling. Mr. Kling 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. 48. 2017-0378 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-127 of Heather A. De Jesus. Appearance by Heather A. De Jesus. Discussion ensued regarding Ms. De Jesus' background report. Ms. De Jesus was informed that additional OWIs could result in revocation of her Operator's (bartender/sales clerk) License. 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. Haass, Ald. May, and Ald. Weigel No: 0 49. 2017-0359 2016-2017 Class B Tavern License application no. 2471 of The 6500 Bar LLC, Susan C. Jesion, Agent, d/b/a The 6500 Bar LLC, for premises located at 6500 W. Greenfield Avenue (new-nonexisting location). Appearance by Susan C. Jesion. Discussion ensued regarding Ms. Jesion's applications. Ms. Jesion informed the Committee that she has the building for sale or lease. Ms. Jesion stated she would open the business under her own name to maintain the license if she needed to do so. The Committee questioned whether she would operate it or hire a manager. Ms. Jesion said she would like it to be a restaurant that closes at 10:00 p.m. rather than a bar. Attorney Cerwin informed the Committee that there is a pattern of conduct at the location involving calls for service and a suspension of the license when Ms. Jesion held the license. Attorney Cerwin commented on Ms. Jesion's LLC status with the Wisconsin Department of Financial Institution. This matter was Held. 50. 2017-0360 2017-2018 Class B Tavern License application no. 2472 of The 6500 Bar LLC, Susan C. Jesion, Agent, d/b/a The 6500 Bar LLC, for premises located at 6500 W. Greenfield Avenue (new-nonexisting location). See legislative file no. 2017-0359. This matter was Held. City of West Allis Page 2 Printed on 7/12/2017 License & Health Committee Meeting Minutes June 20, 2017 51. 2017-0362 2017-2018 Class B Tavern License application no. 2478 of Mintot LLC, Tina M. Minto, Agent, d/b/a T & T Sportz Bar, for premises located at 5906 W. Burnham Street (new-existing location). Appearance by Tina M. Minto. Discussion ensued regarding the change of LLC. A motion was made by Ald. Haass, seconded by Ald. May, 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. Haass, Ald. May, and Ald. Weigel No: 0 52. 2017-0361 2017-2018 Class B Tavern License application no. 2473 of The Farmer’s Wife, LLC, Robin Mastera, Agent, d/b/a The Farmer’s Wife, for premises located at 6533 W. Mitchell Street (new-existing location). Appearance by Robin L. Mastera. Discussion ensued regarding the change of LLC. A motion was made by Ald. Haass, seconded by Ald. May, 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. Haass, Ald. May, and Ald. Weigel No: 0 54. 2017-0357 2017-2018 Class C Wine License application no. 2475 of Mongolian Grill Restaurant Operating Company, LLC, Andrew W. Vap, Agent, d/b/a HuHot Mongolian Grill, for premises located at 3021 S. 108 Street (new-nonexisting location). Nonappearance of Andrew W. Vap. Mr. Vap 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. 55. 2017-0358 2017-2018 Class B Beer License application no. 2479 of Mongolian Grill Restaurant Operating Company, LLC, Andrew W. Vap, Agent, d/b/a HuHot Mongolian Grill, for premises located at 3021 S. 108 Street (new-nonexisting location). See legislative file no. 2017-0357. This matter was Held. City of West Allis Page 3 Printed on 7/12/2017 License & Health Committee Meeting Minutes June 20, 2017 56. 2017-0287 2017-2018 Class B Tavern License application no. 2444 of Classic Realty of West Allis LLC, Jose Montejano, Agent, d/b/a Classic Realty of West Allis LLC, for premises located at 3411 S. 108 Street. (new-existing location). Third nonappearance of Jose Montejano. Mr. Montejano did not contact the Clerk's Office. A motion was made by Ald. May, seconded by Ald. Roadt, that this matter was Referred for Summons and Complaint to the City Attorney. 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 A closed session was not held. 57. 2017-0055 2016-2017 Class B Tavern License application no. 2398 of Top Dog Enterprises, LLC, Ronald L. Mellantine, Agent, d/b/a The Choice Eatery and Entertainment, for the premises located at 9638 W. National Ave. (new-existing location). Attachments: Top Dog Enterprises Affidavit of Publication Appearance by Ronald L. Mellantine. Discussion ensued regarding the progress being made on the remodeling. Ald. Lajsic commented that he and Mr. Mellantine discussed about having a commitment from an electrical contractor and submit the plans to the Building Inspections and Neighborhood Services Department; to have the bar and the restaurant open on or before August 1, 2017. Ed Lisinski, Director of Building Inspections & Neighborhood Services, commented on the electrical contractor. Sally Nusslock, Health Commissioner, was asked if Health had inspected yet. Ms. Nusslock responded that no one was there when the inspector went to the business and that Mr. Mellantine still needed to apply for the Food Permit. Attorney Cerwin informed the Committee of its options to reinstate the previous Summons and Complaint and the Findings and Recommendation which will expire with the 2016-2017 application, or issue a new Summons and Complaint for the 2017-2018 license application. Ald. Weigel inquired if Mr. Mellantine had thought about staffing the business because he didn't want Mr. Mellantine to not open August 1, 2017 because he didn't have staff. Ald. Lajsic commented the goal is to have Mr. Mellantine open on August 1, 2017 and that it would be fine if Mr. Mellantine wanted or needed to be open limited days or hours because of staffing. The Committee requested Mr. Mellantine appear at the next License & Health Committee Meeting. This matter was Held. City of West Allis Page 4 Printed on 7/12/2017 License & Health Committee Meeting Minutes June 20, 2017 58. 2016-0676 Findings and Recommendation in the Matter of the Complaint Against Top Dog Enterprises, LLC, d/b/a The Choice Eatery and Entertainment, Ronald Mellantine, Agent, for premises located at 9638 W. National Ave. (2016-2017 Class B Tavern License no. 2316). Attachments: F&R Top Dog Enterprises, LLC F&R letter See legislative file no. 2017-0055. This matter was Held. 59. 2016-0618 Summons and Complaint in the matter of the complaint against Top Dog Enterprises, LLC, Ronald Mellantine, Agent, for the premises located at 9638 W. National Ave., d/b/a The Choice Eatery & Entertainment (2016-2017 Class B Tavern License no. 2316). Attachments: Summons The Choice Eatery & Entertainment Summons time correction Complaint The Choice Eatery & Entertainment Affidavit of Service See legislative file no. 2017-0055. This matter was Held. 60. 2017-0325 2017-2018 Class B Tavern License application no. 2453 of Top Dog Enterprise, LLC, Ronald L. Mellantine, Agent, d/b/a The Choice Pub & Eatery, for the premises located at 9638 W. National Ave. (new-existing location). See legislative file no. 2017-0055. This matter was Held. F. ADJOURNMENT A motion was made by Ald. Weigel, seconded by Ald. May, to adjourn at 6:40 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 5 Printed on 7/12/2017

Agenda

7525 W. Greenfield Ave. City of West Allis West Allis, WI 53214 Meeting Agenda License & Health Committee Alderperson Michael J. Czaplewski, Chair Alderperson Daniel J. Roadt, Vice-Chair Alderpersons: Kevin Haass, Michael P. May, Martin J. Weigel Tuesday, June 20, 2017 6:00 PM City Hall Room 128 SPECIAL MEETING A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 2017-0353 Minutes (Draft) of the License & Health special meeting of June 6, 2017 and recess meeting of June 6, 2017. Attachments: 060617 LH special Minutes (draft) 060617 LH recess Minutes (draft) D. NEW AND PREVIOUS MATTERS 47. 2017-0350 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-71 of Steven J. Kling. 48. 2017-0378 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-127 of Heather A. De Jesus. 49. 2017-0359 2016-2017 Class B Tavern License application no. 2471 of The 6500 Bar LLC, Susan C. Jesion, Agent, d/b/a The 6500 Bar LLC, for premises located at 6500 W. Greenfield Avenue (new-nonexisting location). 50. 2017-0360 2017-2018 Class B Tavern License application no. 2472 of The 6500 Bar LLC, Susan C. Jesion, Agent, d/b/a The 6500 Bar LLC, for premises located at 6500 W. Greenfield Avenue (new-nonexisting location). 51. 2017-0362 2017-2018 Class B Tavern License application no. 2478 of Mintot LLC, Tina M. Minto, Agent, d/b/a T & T Sportz Bar, for premises located at 5906 W. Burnham Street (new-existing location). 52. 2017-0361 2017-2018 Class B Tavern License application no. 2473 of The Farmer’s Wife, LLC, Robin Mastera, Agent, d/b/a The Farmer’s Wife, for premises located at 6533 W. Mitchell Street (new-existing location). City of West Allis Page 1 Printed on 6/16/2017 License & Health Committee Meeting Agenda June 20, 2017 53. 2017-0363 2017-2018 Combination Class A Liquor License application no. 2467 of Super Liquor and Grocery LLC, Iqbal Kaur, Agent, d/b/a Super Liquor and Grocery LLC, for premises located at 5801 W. Beloit Road (new-existing location). 54. 2017-0357 2017-2018 Class C Wine License application no. 2475 of Mongolian Grill Restaurant Operating Company, LLC, Andrew W. Vap, Agent, d/b/a HuHot Mongolian Grill, for premises located at 3021 S. 108 Street (new-nonexisting location). 55. 2017-0358 2017-2018 Class B Beer License application no. 2479 of Mongolian Grill Restaurant Operating Company, LLC, Andrew W. Vap, Agent, d/b/a HuHot Mongolian Grill, for premises located at 3021 S. 108 Street (new-nonexisting location). 56. 2017-0287 2017-2018 Class B Tavern License application no. 2444 of Classic Reality of West Allis LLC, Jose Montejano, Agent, d/b/a Classic Reality of West Allis LLC, for premises located at 3411 S. 108 Street. (new-existing location). E. CLOSED SESSION PLEASE TAKE NOTICE That the License & Health Committee of the City of West Allis will meet in open session Tuesday, June 20, 2017, at approximately 6:00 P.M., or as soon thereafter as time permits, in Room 128, of West Allis City Hall, 7525 W. Greenfield Ave., West Allis, Wisconsin, to vote on a motion 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 and Findings and Recommendation regarding Top Dog Enterprises, LLC, Ronald L. Mellantine, Agent, for the premises located at 9638 W. National Ave. d/b/a The Choice Eatery & Entertainment (2016-2017 Class B Tavern License application no. 2316). 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. Upon conclusion of the closed session, the License & Health Committee will reconvene in open session at said time and 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. 57. 2017-0055 2016-2017 Class B Tavern License application no. 2398 of Top Dog Enterprises, LLC, Ronald L. Mellantine, Agent, d/b/a The Choice Eatery and Entertainment, for the premises located at 9638 W. National Ave. (new-existing location). Attachments: Top Dog Enterprises Affidavit of Publication 58. 2016-0676 Findings and Recommendation in the Matter of the Complaint Against Top Dog Enterprises, LLC, d/b/a The Choice Eatery and Entertainment, Ronald Mellantine, Agent, for premises located at 9638 W. National Ave. (2016-2017 Class B Tavern License no. 2316). Attachments: F&R Top Dog Enterprises, LLC F&R letter City of West Allis Page 2 Printed on 6/16/2017 License & Health Committee Meeting Agenda June 20, 2017 59. 2016-0618 Summons and Complaint in the matter of the complaint against Top Dog Enterprises, LLC, Ronald Mellantine, Agent, for the premises located at 9638 W. National Ave., d/b/a The Choice Eatery & Entertainment (2016-2017 Class B Tavern License no. 2316). Attachments: Summons The Choice Eatery & Entertainment Summons time correction Complaint The Choice Eatery & Entertainment Affidavit of Service 60. 2017-0325 2017-2018 Class B Tavern License application no. 2453 of Top Dog Enterprise, LLC, Ronald L. Mellantine, Agent, d/b/a The Choice Pub & Eatery, for the premises located at 9638 W. National Ave. (new-existing location). F. ADJOURNMENT City of West Allis Common Council members may attend the above License & Health Committee meeting for information gathering purposes. Should a quorum of Common Council members appear at this Committee meeting, a regular Common Council meeting may take place for the purposes of gathering information on an item listed on the Committee agenda. Should such a meeting occur, the date, time and location of the Common Council meeting will be that of the License & Health Committee as listed on the License & Health Committee agenda. All meetings of the License & Health Committee are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 3 Printed on 6/16/2017

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