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 22, 2017 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: Joseph Lee Griese, Antonio G. Ingrilli, Desiree L. Rolbiecki, Genine M. Mendez, Shannon L. Yarwood, Yesenia L. Rios, Ronald L. Mellantine, Ed Lisinski, Director of Building Inspections & Neighborhood Services, Nicholas Cerwin, Assistant City Attorney, Jenna Merten, Assistant City Attorney, and Ann Marie Neff, Secretary to the Committee. C. NEW AND PREVIOUS MATTERS Appearance by Ronald L. Mellantine. Mr. Mellantine presented to Chair Czaplewski a letter requesting the Committee accept Mr. Mellantine's surrender of the liquor license. City Attorney Merten informed the Committee they could accept Mr. Mellantine's request or proceed with the hearing. The Committee requested that Mr. Mellantine have his occupancy permit before and if he applies for an alcohol license again, and mentioned that the City may be at Municipal Quota on licenses, so there were no guarantees that a license would be available in the future. A motion was made by Ald. Haass, seconded by Ald. May to accept Mr. Mellantine's request. The motion carried by the following vote: Ayes - 5 - Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel Noes - 0 Ald. Haass informed all in attendance to call the police for problems, to be helpful and cooperative when they arrive, to give clear descriptions, and not to over serve. City of West Allis Page 1 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 22, 2017 1. 2017-0523 Police Department Report involving Hampton Inn & Suites, 8201 W. Greenfield Ave., West Allis Hotel Ventures, LLC, Rodney D. Raschka, Agent, Incident Date: July 17, 2017. Nonappearance of Rodney D. Raschka. Ald. Weigel stated he spoke with Mr. Raschka, who is currently out of state, and expressed the importance of having a licensed bartender on duty at all times, the laws associated with it, the Compliance Check Program, and the recommended actions the Committee takes on these violations. Ald. Weigel asked that this matter be placed on file. A motion was made by Ald. Haass, seconded by Ald. Weigel, 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 2. 2017-0522 Police Department Report involving Natty Oaks Pub & Eatery, 11505 W. National Ave., Calhoun BBQ, Inc., Joseph Lee Griese, Agent, Incident Date: July 16, 2017. Appearance by Joseph Lee Griese. Discussion ensued regarding the police report, the length of time the patrons may have been in the bar, and who generated the call to the police. Mr. Griese was asked to remind his employees to call police for problems in and around the establishment, and that is illegal to over serve. A motion was made by Ald. Haass, seconded by Ald. Roadt, 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 3. 2017-0519 Police Department Report involving Caterina’s Ristorante, 9104 W. Oklahoma Ave., Caterina’s Ristorante, Inc., Antonio G. Ingrilli, Agent, Incident Date: July 9, 2017. Appearance by Antonio G. Ingrilli. Discussion ensued regarding the police report. Mr. Ingrilli commented that he left the establishment with no licensed bartender on duty for a brief while, but that he understands it was wrong. A motion was made by Ald. Weigel, seconded by Ald. Roadt, 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. 2017-0516 Police Department Report involving Bottoms Up, 7127 W. National Avenue, of BFS WI LLC, Charles Hastings, Agent, Incident Date: July 1, 2017. Nonappearance of Charles Hastings. Mr. Hastings 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 2 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 22, 2017 5. 2017-0533 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-280 of Desiree L. Rolbiecki. Appearance by Desiree L. Rolbiecki. Discussion ensued regarding Ms. Rolbiecki's police report. The Committee told Ms. Rolbiecki she will need to make good choices for her customers, to not over serve, and that a third OWI could result in suspension, revocation or nonrenewal of her operators's license. 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 6. 2017-0534 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-309 of Genine M. Mendez. Appearance by Genine M. Mendez. Ms. Mendez showed City Attorney Cerwin a receipt on her phone for proof that she paid her warrant. The Committee requested Attorney Cerwin to contact New Berlin for follow up to make sure this payment was for the warrant, and notify the Committee of his findings. Discussion ensued regarding Ms. Mendez's police report. Ald. May commented on the number and frequency of driver's license violations on Ms. Mendez's police report. Ald. May had concerns that if Ms. Mendez does not follow laws and rules associated with a driver's license, that she may not follow rules and regulations for a bartender license. 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: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. Weigel No: 1- Ald. May 7. 2017-0489 2017-2019 Operator’s License (bartender/sales clerk) renewal application no. 19-300 of Tina M. Hamelin. Second nonappearance of Tina M. Hamelin. Ms. Hamelin did not contact the Clerk’s Office. The Committee recommended denial based on two (2) nonappearances. 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 City of West Allis Page 3 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 22, 2017 8. 2017-0468 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-261 of Melissa M. Hutchins. Second nonappearance of Melissa M. Hutchins. Ms. Hutchins did not contact the Clerk’s Office. The Committee recommended denial based on two (2) nonappearances. A motion was made by Ald. Haass, 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 9. 2017-0469 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-250 of Michelle L. Bohn. Second nonappearance of Michelle L. Bohn. Ms. Bohn did not contact the Clerk’s Office. The Committee recommended denial based on two (2) nonappearances. A motion was made by Ald. May, 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 10. 2017-0470 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-248 of Justin J. Brede. Second nonappearance of Justin J. Brede. Mr. Brede did not contact the Clerk’s Office. The Committee recommended denial based on two (2) nonappearances. A motion was made by Ald. Roadt, seconded by Ald. May, 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 11. 2017-0471 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-275 of Shannon L. Yarwood. Appearance by Shannon L. Yarwood. Discussion ensued regarding Ms. Yarwood's police report. 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 City of West Allis Page 4 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 22, 2017 12. 2017-0472 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-261 of Yesenia L. Rios. Appearance by Yesenia L. Rios. Discussion ensued regarding Ms. Rios's police report. 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 13. 2017-0536 Summons and Complaint in the matter of the complaint against The Cat Network, Inc., Lynette Weidner, Agent, for the premises located at 8121 W. National Ave., d/b/a The Cat Network (2017-2018 Animal-Related Premit/License). Attachments: Cat Network S&C, affidavit of service Nonappearance of Lynette Weidner. Ms. Weidner contact the Clerk's Office and paid the delinquent personal property taxes in full. 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 14. 2017-0537 Summons and Complaint in the matter of the complaint against Fratelli Restaurant Group, Inc., Timothy Sanchez, Agent, for the premises located at 6202 W. Lincoln Ave., d/b/a Fratelli’s (2017-2018 Restaurant-Moderate Complexity Permit/License). Attachments: Fratelli S&C & affidavit of service Nonappearance of Timothy Sanchez. Mr. Sanchez did not contact the Clerk's Office. A signed affidavit showed that the Summons and Complaint was served. The Committee moved for revocation and directed the City Attorney's Office to prepare Findings and Recommendation. A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter was Recommended To Issue a Findings and Recommendation fo revocation. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 D. HEARING A hearing was not held. City of West Allis Page 5 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 22, 2017 15. 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 This matter was Recommended to be Placed on File on a Block Vote. 16. 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 Recommended to be Placed on File on a Block Vote. 17. 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 Recommended to be Placed on File on a Block Vote. 18. 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 Recommended to be Placed on File on a Block Vote. 19. 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 Recommended to be Placed on File on a Block Vote. City of West Allis Page 6 Printed on 9/27/2017 License & Health Committee Meeting Minutes August 22, 2017 Passed The Block Vote A motion was made by Ald. Roadt, 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 E. CLOSED SESSION A closed session was not held. F. ADJOURNMENT A motion was made by Ald. Haass, seconded by Ald. Weigel, to adjourn at 6:36 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