License and Health Committee (INACTIVE)

City of West Allis 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, January 23, 2018 6:00 PM City Hall, Room 128 7525 W. Greenfield Ave. 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: Shawn M. Jacques, Heather M. Lynch, Katie M. Robinson, Jerome J. Pflugradt, Jeffrey J. Krueger, Enrique H. Gonzalez, Christina I. Lopez, 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 1. 2018-0034 Minutes (draft) of the License & Health regular meeting of November 28, 2017, recess meetings of November 21, 2017, December 5, 2017, December 19, 2017, and January 2, 2018. Attachments: 112817 LH Minutes (draft) 112117 LH recess Minutes (draft) 120517 LH recess Minutes (draft) 121917 LH recess Minutes (draft) 010218 LH recess Minutes (draft) A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter be Approved. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS 2. 2018-0059 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-327 of Jennifer Lynn Schroeder. Nonappearance of Jennifer Lynn Schroeder. Ms. Schroeder 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. City of West Allis Page 1 Printed on 8/29/2018 License & Health Committee Meeting Minutes January 23, 2018 3. 2017-0757 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-380 of Shawn M. Jacques. Appearance by Shawn M. Jacques. Discussion ensued regarding the police report for Mr. Jacques. Mr. Jacques was reminded to make good choices for his customers, to not overserve, and he was informed of the City's Compliance Check Programs. A motion was made by Ald. Roadt, 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 4. 2017-0816 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-385 of Heather M. Lynch. Appearance by Heather M. Lynch. Discussion ensued regarding Ms. Lynch's record check. Ms. Lynch was cautioned that a third OWI could result in revocation of her Operator's License. Ms. Lynch was reminded to make good choices for her customers, to call the police when neccessary, to be helpful, and to give full, correct details to the officers when they arrive. A motion was made by Ald. Weigel, 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 5. 2017-0817 2017-2018 Operator’s License (bartender/sales clerk) application no. 18-319 of Katie M. Robinson. Appearance by Katie M. Robinson. Discussion ensued regarding Ms. Robinson's record check. Ms. Robinson was cautioned that a third OWI could result in revocation of her Operator'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. 2018-0026 2017-2019 Operator’s License (bartender/sales clerk) application no. 19-389 of Anthony J. Brunette. Nonappearance of Anthony J. Brunette. Mr. Brunette 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 8/29/2018 License & Health Committee Meeting Minutes January 23, 2018 7. 2017-0808 Police Department Report involving Jerome J. Pflugradt, 2016-2018 Operator's License (bartender/sales clerk) no. 18-161, (Rockstar Saloon, 5826 W. Burnham St.) Incident Date: November 10, 2017. Appearance by Jerome J. Pflugradt. Discussion ensued regarding the incident on November 10, 2017, and how much alcohol was served in a short time period. Mr. Pflugradt told the Committee that he does not measure the alcohol put in a drink. The Committee suggested Mr. Pflugradt know how much alcohol is in a drink that he is serving, to make good choices for his customers, and to not overserve. 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 8. 2017-0805 Police Department Report regarding November 11, 2017 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with one (1) selling tobacco to an underage person without requesting identification (R & D Krueger Enterprise, Inc., Jeffrey J. Krueger, Agent, d/b/a Dickens Grille & Spirits, premises located at 9646 W. Greenfield Avenue). Appearance by Jeffrey J. Krueger, Discussion ensued regarding the compliance check of November 11, 2017. The Committee suggested Mr. Krueger remind the bartenders to card everyone. 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 9. 2017-0806 Police Department Report regarding November 18, 2017 Tobacco Compliance Check involving seven (7) West Allis businesses, resulting with one (1) selling tobacco to an underage person without requesting identification (Evisuals, Enrique H. Gonzalez, Agent, d/b/a In and Out Grocery, premises located at 5932 W. Burnham Street). Appearance by Enrique H. Gonzalez. Discussion ensued regarding the compliance check report of November 18, 2017. Mr. Gonzalez informed the Committee he was disputing this ticket because he alleges he did not have knowledge that his customer had purchased the cigarettes for the underage operant. The Committee suggested Mr. Gonzalez have a policy to card everyone. This matter will be held until after the outcome of Mr. Gonzalez's court case in February 2018. This matter was Held. City of West Allis Page 3 Printed on 8/29/2018 License & Health Committee Meeting Minutes January 23, 2018 10. 2017-0764 Police Department Report involving One More, 7534 W. Beloit Rd., of The 5 Spot, LLC, Christina I. Lopez, Agent, Incident Date: October 3, 2017. Appearance by Christina I. Lopez. Discussion ensued regarding the police report. Ms. Lopez stated the customers came in from another bar after a dart league and may have already been intoxicated. Ms. Lopez was informed that she can choose the type of clientele she serves by the type of music that is played, the atmosphere, the attitude the staff allows, and that she has the right to kick people out and ban them if they are rude or unruly. Ms. Lopez was informed that the neighbors have complained of patrons parking on the grass, speeding in the alley, noise, and dumpster issues attracting rats. The Committee cautioned Ms. Lopez that if these issues do not stop her license could be in jeopardy of suspension or revocation. 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 E. MATTERS FOR DISCUSSION/ACTION 11. 2018-0063 Discussion regarding 2017-2018 Entertainment Club License for Just For Today Recovery Club LLC, d/b/a Just For Today, Donald Henry, Agent, located at 1900 S. 60 St. Nonappearance of Donald Henry. Mr. Henry did not contact the Clerk's Office. A motion was made by Ald. May, seconded by Ald. Roadt, that this matter was Referred to the City Attorney for Summons and Complaint. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 12. 2018-0062 Discussion regarding 2017-2018 Class B Beer and Class C Wine Licenses not yet issued for Vani’s Kitchen, Inc.-West Allis, d/b/a Vani’s Kitchen, Vigneshwar R. Bhadharla, Agent, located at 10535 W. Greenfield Ave. Nonappearance of Vigneshwar R. Bhadharla. Mr. Bhadharla contacted the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 13. 2018-0061 Discussion regarding building code violations, nonoperation, and registration, of Retro LLC, d/b/a/ Retro for the premises located at 6827 W. National Ave. Nonappearance of Brian R. Teclaw. Mr. Teclaw did not contact the Clerk's Office. A motion was made by Ald. May, seconded by Ald. Weigel, that this matter be Referred to the City Attorney for Summons and Complaint. The motion carried unanimously. City of West Allis Page 4 Printed on 8/29/2018 License & Health Committee Meeting Minutes January 23, 2018 14. 2018-0057 Discussion regarding amendments to Section 9.105 Shooting Galleries and Gun Ranges of the Revised Municipal Code. Discussion ensued regarding if there are set standards or codes for constructing and operating a safe indoor shooting range, if there are there any agencies that inspect this type of business, or if the state does inspections. Ed Lisinski, Director of Building Inspections & Neighborhood Services stated that his department and inspectors can't approve inspections without set standards or criteria to follow. Attorney Cerwin commented that in his search there was very little information regarding what other municipalities use for regulations. The Committee questioned if there are any agencies that do this type of inspection work, and if the inspection fee could be passed along to the shooting range applicant. It was suggested to contact Brookfield who has just recently opened up a new indoor shooting range to see what criteria they may have used. This matter was Discussed 15. 2018-0060 Discussion regarding amending section 9.02 of the West Allis Revised Municipal Code relative to a timeline for Class B Licenses operations after approval by the Council. Discussion ensued regarding changes to Section 9.02 of the Revised Municipal Code relative to a timeline for a business to be operating once the license has been granted by the Common Council, the criteria for the of number days and hours a business must be open to be eligible to retain their license, and any exceptions that might be made to the criteria. This matter was Discussed F. ADJOURNMENT A motion was made by Ald. Haass, seconded by Ald. Roadt, to adjourn at 7:12 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 5 Printed on 8/29/2018 License & Health Committee Meeting Minutes January 23, 2018 All meetings of the {bdName} 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 6 Printed on 8/29/2018