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, August 28, 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: Marcia L. Blum, Maria Karczewski, Patrick R. Kosidowsk, Mario P. Morges, Troy Mleziv, Joel Hendricks, Steven A. Braatz, Jr., City Clerk, Ed Lisinski, Director of Building Inspections & Neighborhood Services, John Stibal, Director of Development, Sheila Thobani, Assistant City Attorney, Nicholas Cerwin, Assistant City Attorney, and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 1. 2018-0587 Minutes (draft) of the License & Health regular meeting of March 27, 2018, recess meetings of April 4, 2018, April 17, 2018, May 1, 2018, May 15, 2018, June 5, 2018, June 19, 2018, July 17, 2018, and August 7, 2018. Attachments: 032718 LH Minutes (draft) 040418 LH recess Minutes (draft) 041718 LH recess Minutes (draft) 050118 LH recess Minutes (draft) 051518 LH recess Minutes (draft) 060518 LH recess Minutes (draft) 061918 LH recess Minutes (draft) 071718 LH recess Minutes (draft) 080718 LH recess Minutes (draft) A motion was made by Ald. Roadt, seconded by Ald. Weigel, that this matter be Approved. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS City of West Allis Page 1 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 2018 2. 2018-0634 2018-2019 Operator’s License (bartender/sales clerk) application no. 19-483 of Nicholas R. Greenhalgh. Nonappearance of Nicholas R. Greenhalgh. Mr. Greenhalgh 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 3. 2018-0631 2018-2020 Operator’s License (bartender/sales clerk) application no. 20-553 of Cyle Ann Kraft. Nonappearance of Cyle Ann Kraft. The appearance letter was addressed incorrectly. The Committee requested she be ordered to appear at the next scheduled License & Health meeting. This matter was Held 4. 2018-0632 2018-2019 Operator’s License (bartender/sales clerk) application no. 19-475 of Marcia L. Blum. Appearance by Marcia L. Blum. Discussion ensued regarding Ms. Blum's record check. 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 5. 2018-0595 Police Department Report regarding June 6, 2018 Alcohol Compliance Check involving thirteen (13) West Allis businesses, resulting with one (1) selling alcohol to an underage person without requesting identification. (Rupena’s, Inc., Maria Karczewski, Agent, d/b/a Rupena’s Foods, for the premises located at 7641 W. Beloit Rd.) Appearance by Maria Karczewski. Discussion ensued regarding the compliance check and the training the establishment does for their clerks. 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 6. 2018-0589 Police Department Report involving The Alibi, 6540 W. Grant St., Alibi Taverns LLC, Patrick R. Kosidowski, Agent, Incident Date: June 23, 2018. Appearance by Patrick R. Kosidowsk. Discussion ensued regarding the police reports and the patrons letter. This matter was Recommended to be Placed on File on a Block Vote City of West Allis Page 2 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 2018 7. 2018-0591 Police Department Report involving The Alibi, 6540 W. Grant St., Alibi Taverns LLC, Patrick R. Kosidowski, Agent, Incident Date: June 23, 2018 (related to jacket no. 2018-0589). See legislative file no. 2018-0589. 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. Weigel, 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 8. 2018-0659 2018-2019 Class B Tavern License application no. 2608, Instrumental Music License application no. 2610, Dance Hall License application no. 2609, of Mario P. Morgese, d/b/a Weekends Bar & Hall, for the premises located at 1900 S. 60 St. (new-nonexisting location). Appearance by Mario P. Morgese. Discussion ensued regarding Mr. Morgese's business plan and the history of previous violations and calls for service at this location. The Committee requested a report of incidents since Mr. Morgese has owned the building to inform the other Alderpersons of the history. This matter was Held 9. 2018-0652 Communication from Kwik Trip, Inc. regarding interest in applying for a Combination Class A Liquor License for a proposed convenience store to be located at the intersection of W. Lapham St and S. 108 St. Attachments: KWIK Trip Appearance by Troy Mleziv. Discussion ensued regarding how alcohol is handled in other Kwik Trip locations. Mr. Mleziv told the Committee that Kwik Trip plans to build a new facility and be open by spring of 2019. Mr. Mleziv was informed that if there are not any Combination Class A Liquor Licenses available at that time, that Kwik Trip could apply to go over quota which would require a hearing. A motion was made by Ald. Weigel, seconded by Ald. Haass, 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 10. 2018-0658 Communication from Pawn America requesting to amend Sec. 9.15 (15)(a) of the Revised Municipal Code to be able to make payments by pre-paid debit card. Attachments: 20180525 Email from Van Helden re Pawn America 20180612 Memo to License Health Committee re Pawn America Request Appearance by Joel Hendricks. Discussion ensued regarding reasons for Pawn City of West Allis Page 3 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 2018 America wanting to go with a pre-paid debit card and how the process works. A motion was made by Ald. Weigel, seconded by Ald. Haass, 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 11. 2018-0603 2018-2019 Class B Tavern Special Event Permit application no. 8 of West Allis Cheese & Sausage Shoppe, Inc., Mark S. Lutz, Agent, d/b/a Ka-Bob’s Bistro, 6807 W. Becher St., for Food Truck Tour to be held on Wednesday, August 1, 2018, from 4:00 p.m. - 9:00 p.m. at the West Allis Farmer’s Market, 6501 W. National Ave. (Food). First (1st) application for 2018-2019 license year. A motion was made by Ald. Weigel, seconded by Ald. Haass, 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 12. 2017-0724 2017 Gun Range License appl. no. 29 of The Shooters Shop, Inc., 2465 S. 84 St., Kevin M. Nugent, Agent. 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 13. 2017-0753 Communication from The Building Inspections and Neighborhood Services Department regarding an update on inspections for the Gun Range License renewal application for the premise located at 2465 S. 84 Street. Attachments: Com. update on 2465 S. 84 St. This matter was Held 14. 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). A motion was made by Ald. Weigel, seconded by Ald. Haass, 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 City of West Allis Page 4 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 2018 15. 2017-0630 Request from Lele’s Whiskey Corner, LLC, Erwin C. Magritz, Agent, to change the description of the type of music on the 2017-2018 Instrumental Music License no. 2147 to include open mic night, d/b/a Remedy Bar, 1309 S. 60 St. Attachments: Magritz Req. 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 16. 2017-0696 Request to amend premises of Pick ‘n Save, located at 2625 S. 108 St., to establish ClickList service, online ordering for grocery, alcohol, and tobacco products, with pickup in designated parking stalls (2017-2018 Combination Class A Liquor License no. 2202 of Mega Marts, LLC, Karen J. Porteous, Agent). Attachments: amend premises ClickList request This matter was Recommended to be Placed on File on a Block Vote 17. 2018-0122 2017-2018 Class B Tavern License application no. 2528 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-nonexisting location). Attachments: AFFIDAVIT OF PUBLICATIONS - Top Dog Enterprises LLC 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 18. 2018-0448 Communication from Assistant City Attorney regarding 2018 Carnival Permit application number 1, the fees and surety bond or cash bond waiver. Attachments: Carnival Permit Bond Waiver Memo This matter was Recommended to be Placed on File on a Block Vote 19. 2018-0449 Communication from Assistant City Attorney regarding 2018 Carnival Permit application number 2, the fees and surety bond or cash bond waiver. Attachments: Carnival Permit Bond Waiver Memo This matter was Recommended to be Placed on File on a Block Vote 20. 2018-0450 Communication from Assistant City Attorney regarding 2018 Carnival Permit application number 3, the fees and surety bond or cash bond waiver. Attachments: Carnival Permit Bond Waiver Memo City of West Allis Page 5 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 2018 This matter was Recommended to be Placed on File on a Block Vote Passed The Block Vote A motion was made by Ald. May, 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. MATTERS FOR DISCUSSION/ACTION 21. 2018-0687 Discussion regarding Section 9.09(10) of the Revised Municipal Code relative to Surety Bonds for church festivals and carnivals. Discussion ensued regarding Surety Bonds for Carnivals held on private property vs. public property. A motion was made by Ald. Haass, seconded by Ald. Weigel, that this matter was 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 22. 2018-0571 Discussion on proposed amendments to Sec. 9.02 of the Revised Municipal Code related to alcohol licensing. Attachments: 20180820 Memo to License Health Committee re 9.02 Changes Proposed changes for 9.02 for 8-28-18 mtg-rev 8-20-18 Survey of Closing Hours Presentation from Steven A.Braatz, Jr., City Clerk with proposed amendments to Sec. 9.02 of the Revised Municipal Code. Discussion ensued regarding various amendments and the direction that the Committee wanted to take on those sections. The Committee approved the suggested changes with some amendments. A motion was made by Ald. Haass, seconded by Ald. Weigel, that this matter was 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 23. 2018-0686 Discussion on guidelines for consideration of granting of license applications. Discussion ensued regarding: 1. Reasons that a license may be denied and the changes occuring in the law to that effect; 2. The necessary requirements criteria when a license is approved subject to necessary requirements; 3. The issuance of Provisional Licenses for bartender/sales clerks; 4. Temporary Class B Beer and Class C Wine Picnic Licenses approval responsibilities by the City Clerk or the License and Health Committee and the Council.. City of West Allis Page 6 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 2018 A motion was made by Ald. Haass, seconded by Ald. May, that this matter was 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 24. 2018-0688 Discussion regarding 2018-2019 Class B Tavern, Combination Class A Liquor, Class B Beer and Class C Wine Licenses not yet issued as of 9-25-18. Attachments: 2018-2019 as of 8/28/18 licenses not issued 2018-2019 as of 9/25/18 licenses not issued The Committee requested the following 2018-2019 businesses be sent a letter to appear regarding outstanding matters that are holding up the issuance of their liquor licenses. 1. Natty Oaks Pub & Eatery, 11505 W. National Ave., Joseph Lee Griese, Agent, Calhooun BBQ Inc. 2. New Asian Supermarket, 10704 W. Oklahoma Ave., Jun Guo Xiao, Agent, New Asian Supermarket, Inc., 3. The Network, 9541 W. Cleveland Ave., Jacob M. Silber, Agent, The Network, LLC 4. Premier Sports Lounge, 1022 S. 60 St., Tabitha Harris, Agent, Premier Sports Lounge LLC 5. Sarge’s Corner, 1979 S. 54 St., Ricky E. Sergeant, Agent, N.S. Inc. 6. Vani’s Kitchen, 10535 W. Greenfield Ave., Vigneshwar Bhadharla, Agent, Vani’s Kitchen Inc. 7. Fourth-N-Long, 8911 W. National Ave., Michael G. Lange, Agent, Mike 7, LLC This matter was Held F. ADJOURNMENT A motion was made by Ald. Haass, seconded by Ald. May, to adjourn at 8:12 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 7 Printed on 9/26/2018 License & Health Committee Meeting Minutes August 28, 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 8 Printed on 9/26/2018