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License and Health Committee (INACTIVE)

Regular Meeting

West Allis, WI · August 1, 2017

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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, August 1, 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: Kathy L. Goedde, Janelle K. Meyer-Brown, Susan C. Jesion, David A. Ross, Sonya Rae Bautista, Ashley N. Seifert, Edward A. Dunn, Tara Morehouse, John R. Starr, Diane D. Plumeri, Ronald L. Mellantine, Patrick Schloss, Manager of Community Development, Ed Lisinski, Director of Building Inspections and Neighborhood Services, Scott Post, City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 2017-0467 Minutes (Draft) of the License & Health special meeting of July 11, 2017 and recess meeting of July 11, 2017. Attachments: 071117 LH special Minutes (draft) 071117 LH recess Minutes (draft) A motion was made by Ald. Haass, seconded by Ald. Roadt, to approve as amended the minutes of the special meeting of July 11, 2017 to reflect Ald. May as present at roll call, leaving before Item 55 to attend a special Advisory Committee meeting, and returning before Item 61, and approve the recess meeting minutes of July 11, 2017. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 D. NEW AND PREVIOUS MATTERS Ald. Weigel informed all in attendance to check identification, call the police, be helpful and cooperative when the police arrive, of the City Compliance Check Programs, reminded the establishment applicants to know the rules and regulations, obey the closing hours, buy their alcohol from a licensed wholesaler, and to have licensed bartender/sales clerks on duty. City of West Allis Page 1 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 1, 2017 82. 2017-0449 2017-2018 Class B Tavern License application no. 2489 of CRG Investments LLC, Kathy L. Goedde, Agent, d/b/a Limanski’s Pub, for premises located at 8900 W. Greenfield Ave. (new-existing location). Attachments: AFFIDAVIT OF PUBLICATIONS - 8900 W Greenfield Ave Appearance by Kathy L. Goedde. Discussion ensued regarding Ms. Goedde's experience in the business and the type of food to be served. A motion was made by Ald. Weigel, 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 83. 2017-0448 2017-2018 Class B Tavern License application no. 2490 of Evenement, LLC, Janelle K. Meyer-Brown, Agent, d/b/a Evenement Planning, for premises located at 7140 W. Greenfield Ave. (new-nonexisting location). Attachments: AFFIDAVIT OF PUBLICATIONS - 7140 W. Greenfield Ave Appearance by Janelle K. Meyer-Brown. Discussion ensued regarding Ms. Meyer-Brown's application and the type of events to be held. Patrick Schloss commented that this will be a great addition to the West Allis Downtown Business Improvement District. A motion was made by Ald. Weigel, seconded by Ald. Haass, 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 96. 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). Appearance by Susan C. Jesion. Ms. Jesion and the broker for the property informed the Committee of the efforts being made to sell or lease this establishment a responsible business owner. Ms. Jesion's broker said there has been interest in the property. The Committee asked Ms. Jesion to provide an update again in September. This matter was Held. 97. 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). See legislative file no. 2017-0360. This matter was Held. City of West Allis Page 2 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 1, 2017 84. 2017-0500 2017-2018 Food Peddler Permit application no. 17-2493 of David A. Ross. Appearance by David A. Ross. Discussion ensued regarding Mr. Ross' police report and the incomplete application. A motion was made by Ald. Weigel to deny based on the police report and an incomplete application. There was no seconder. Motion failed. 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 98. 2017-0417 2017-2018 Adult-Oriented Establishment Operator Permit application no. 2477 of Nathaniel W. Piefer. Second nonappearance by Nathaniel W. Piefer. Mr. Piefer did not contact the Clerk's Office. A motion was made by Ald. Roadt, seconded by Ald. Haass, 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 85. 2017-0489 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-300 of Tina M. Hamelin. Nonappearance by Tina M. Hamelin. Ms. Hamelin 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. 86. 2017-0488 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-286 of Sonya Rae Bautista. Appearance by Sonya Rae Bautista. Discussion ensued regarding Ms. Bautista's police report and a prior compliance check. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 3 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 1, 2017 99. 2017-0407 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-247 of Katie L. Hutton. Second nonappearance by Katie L. Hutton. Ms. Hutton contacted the Clerk's Office and stated she no longer needed the license. A motion was made by Ald. Roadt, seconded by Ald. Haass, 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: 0 100. 2017-0414 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-268 of Ashley N. Seifert. Appearance by Ashley N. Seifert. Discussion ensued regarding Ms. Siefert's police report and her incomplete application. 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 87. 2017-0471 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-275 of Shannon L. Yarwood. Nonappearance by Shannon L. Yarwood. Ms. Yarwood 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. 88. 2017-0472 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-261 of Yesenia L. Rios. Nonappearance by Yesenia L. Rios. Ms. Rios 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. 89. 2017-0470 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-248 of Justin J. Brede. Nonappearance by Justin J. Brede. Mr. Brede 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 City of West Allis Page 4 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 1, 2017 90. 2017-0469 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-250 of Michelle L. Bohn. Nonappearance by Michelle L. Bohn. Ms. Bohn 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. 91. 2017-0473 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-251 of Edward A. Dunn. Appearance by Edward A. Dunn. Discussion ensued regarding Mr. Dunn's police report, the three (3) OWI violations, and whether he could make good decisions regarding drinking and driving for his customers if he has difficulty doing it for himself. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended for Denial based on the police report. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 92. 2017-0468 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-261 of Melissa M. Hutchins. Nonappearance by Melissa M. Hutchins. Ms. Hutchins 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. 93. 2017-0487 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-283 of Tara Morehouse. Appearance by Tara Morehouse. Discussion ensued regarding Ms. Morehouse's 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: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 94. 2017-0462 Police Department Report regarding June 26, 2017 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification. (John Starr Pickles LLC, John R. Starr, Agent, d/b/a Broken Starr Saloon, for the premises located at 1100 S. 60 St.) Appearance by John R. Starr. Discussion ensued regarding the compliance check, who served the alcohol, and what type of discipline, if any, there was toward the server. This matter was Recommended to be Placed on File on a Block Vote. City of West Allis Page 5 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 1, 2017 95. 2017-0463 Police Department Report regarding June 26, 2017 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification. (Diane D. Plumeri, d/b/a Walk Her Inn, for the premises located at 900 S. 74 St.) Appearance by Diane D. Plumeri. Discussion ensued regarding the compliance check, who served the alcohol, and what type of discipline, if any, there was toward the server. 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. May, 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 E. MATTERS FOR DISCUSSION/ACTION 2017-0426 Discussion regarding Assistant City Attorney’s list of licensed/permitted businesses with delinquent personal property taxes: dated July 6, 2017. Attachments: delq ppt LH letter.2017 Nonappearance by Cat Network and Fratelli's. The Cat Network or Fratelli's did not contact the Clerk's Office. The Committee directed the City Attorney's Office to issue Summons and Complaints. F. CLOSED SESSION A closed session was not held. 101. 2017-0482 Summons and Complaint in the matter of the complaint against Top Dog Enterprises, LLC, Ronald L. Mellantine, Agent, for the premises located at 9638 W. National Ave., d/b/a The Choice Eatery & Entertainment (2017-2018 Class B Tavern License no. 2453). Attachments: S&C Top Dog Enterprises, LLC S&C served Mellantine license surrender letter Appearance by Ronald L. Mellantine. Mr. Mellantine acknowledged that he received the Summons and Complaint and denied the allegations. He informed the Committee his establishment is not ready to be open for business. Ed Lisinksi commented that Mr. Mellantine's lighting plans have been approved. The License & Health Committee scheduled a Hearing for August 22, 2017 at 6:00 p.m. This matter was Held. City of West Allis Page 6 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 1, 2017 102. 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. 2017-0482. This matter was Held. 103. 2016-0618 Summons and Complaint in the matter of the complaint against 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 no. 2316). Attachments: Summons The Choice Eatery & Entertainment Summons time correction Complaint The Choice Eatery & Entertainment Affidavit of Service See legislative file no. 2017-0482. This matter was Held. 104. 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 L. 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. 2017-0482. This matter was Held. 105. 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 See legislative file no. 2017-0482. This matter was Held. G. ADJOURNMENT A motion was made by Ald. Haass, seconded by Ald. Weigel, to adjourn at 6:47 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 7 Printed on 9/27/2017

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, August 1, 2017 6:00 PM City Hall Room 128 SPECIAL MEETING A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 2017-0467 Minutes (Draft) of the License & Health special meeting of July 11, 2017 and recess meeting of July 11, 2017. Attachments: 071117 LH special Minutes (draft) 071117 LH recess Minutes (draft) D. NEW AND PREVIOUS MATTERS 82. 2017-0449 2017-2018 Class B Tavern License application no. 2489 of CRG Investments LLC, Kathy L. Goedde, Agent, d/b/a Limanski’s Pub, for premises located at 8900 W. Greenfield Ave. (new-existing location). 83. 2017-0448 2017-2018 Class B Tavern License application no. 2490 of Evenement, LLC, Janelle K. Meyer-Brown, Agent, d/b/a Evenement Planning, for premises located at 7140 W. Greenfield Ave. (new-nonexisting location). 96. 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). 97. 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). 84. 2017-0500 2017-2018 Food Peddler Permit application no. 17-2493 of David A. Ross. 98. 2017-0417 2017-2018 Adult-Oriented Establishment Operator Permit application no. 2477 of Nathaniel W. Piefer. 85. 2017-0489 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-300 of Tina M. Hamelin. City of West Allis Page 1 Printed on 7/28/2017 License & Health Committee Meeting Agenda August 1, 2017 86. 2017-0488 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-286 of Sonya Rae Bautista. 99. 2017-0407 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-247 of Katie L. Hutton. 100. 2017-0414 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-268 of Ashley N. Seifert. 87. 2017-0471 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-275 of Shannon L. Yarwood. 88. 2017-0472 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-261 of Yesenia L. Rios. 89. 2017-0470 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-248 of Justin J. Brede. 90. 2017-0469 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-250 of Michelle L. Bohn. 91. 2017-0473 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-251 of Edward A. Dunn. 92. 2017-0468 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-261 of Melissa M. Hutchins. 93. 2017-0487 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-283 of Tara Morehouse. 94. 2017-0462 Police Department Report regarding June 26, 2017 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification. (John Starr Pickles LLC, John R. Starr, Agent, d/b/a Broken Starr Saloon, for the premises located at 1100 S. 60 St.) 95. 2017-0463 Police Department Report regarding June 26, 2017 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification. (Diane D. Plumeri, d/b/a Walk Her Inn, for the premises located at 900 S. 74 St.) E. MATTERS FOR DISCUSSION/ACTION 2017-0426 Discussion regarding Assistant City Attorney’s list of licensed/permitted businesses with delinquent personal property taxes: dated July 6, 2017. Attachments: delq ppt LH letter.2017 Cat Network, Fratelli, Golden Chicken, Walk-Her-Inn. City of West Allis Page 2 Printed on 7/28/2017 License & Health Committee Meeting Agenda August 1, 2017 F. CLOSED SESSION PLEASE TAKE NOTICE That the License & Health Committee of the City of West Allis will meet in open session Tuesday, August 1, 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 regarding Top Dog Enterprises, LLC, Ronald Mellantine, Agent, for the premises located at 9638 W. National Ave., d/b/a The Choice Eatery & Entertainment (2017-2018 Class B Tavern License no. 2453). 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 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. 101. 2017-0482 Summons and Complaint in the matter of the complaint against Top Dog Enterprises, LLC, Ronald L. Mellantine, Agent, for the premises located at 9638 W. National Ave., d/b/a The Choice Eatery & Entertainment (2017-2018 Class B Tavern License no. 2453). Attachments: S&C Top Dog Enterprises, LLC S&C served 102. 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). 103. 2016-0618 Summons and Complaint in the matter of the complaint against 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 no. 2316). Attachments: Summons The Choice Eatery & Entertainment Summons time correction Complaint The Choice Eatery & Entertainment Affidavit of Service 104. 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 L. 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 3 Printed on 7/28/2017 License & Health Committee Meeting Agenda August 1, 2017 105. 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 G. 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 4 Printed on 7/28/2017

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