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License and Health Committee (INACTIVE)

Regular Meeting

West Allis, WI · August 27, 2019

AgendaMinutes

Minutes

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 27, 2019 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 4- Ald. Czaplewski, Ald. Roadt, Ald. May, and Ald. Weigel Excused 1- Ald. Haass Others present: Ian T. Hamilton, Christina I. Lopez, Melissa A. & Glenn Schrubbe, Nicholas Cerwin, Assistant City Attorney, Rebecca Hammock, Assistant City Attorney, Steven A. Braatz, Jr., City Clerk, and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 1. 2019-0585 Minutes (draft) of the License & Health special meeting of August 6, 2019 and recess meeting of August 6, 2019 Attachments: 080619 LH special Minutes (draft) 080619 LH recess Minutes (draft) A motion was made by Ald. May, seconded by Ald. Roadt, that this matter be Approved. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS 3. 2019-0548 2019-2021 Operator’s License (bartender/sales clerk) application of Ian T. Hamilton A motion was made by Ald. May, seconded by Ald. Weigel, to Recommend that this matter be Approved. The motion carried unanimously. Closed Session For agenda items 4-6, Chairperson Czaplewski stated it was the intention of the Committee to convene into closed session pursuant to the provisions of Section 19.85(1) (a) of the WI State Statutes for the purpose of deliberating concerning a case which was the subject of a quasi-judicial hearing before the Committee. This Committee may reconvene in open session after completion of the closed session to consider the balance of the agenda. Before the Closed Session: Ms. Lopez spoke on her own behalf regarding the complaint. Ms. Schubbe spoke on her own behalf and asked for harsher penalties for bartenders that violate the compliance checks rather than penalizing the business owner. Assistant City Attorney Nick Cerwin presented his recommendations for item nos. 4-6. City of West Allis Page 1 Printed on 9/25/2019 License & Health Committee Meeting Minutes August 27, 2019 A motion was made by Ald. May, seconded by Ald. Roadt, to convene into closed session. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. May, and Ald. Weigel No: 0 Discussion occurred in closed session. Upon conclusion of the closed session the License and Health Committee reconvened into open session to consider its public agenda, including motions to recommend approval or rejection of item nos. 4-6. A motion was made by Ald. Weigel, seconded by Ald. Roadt, to reconvene into open session. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. May, and Ald. Weigel No: 0 4. 2019-0527 Summons and Complaint in the matter of the complaint against The 5 Spot LLC, Christina Lopez, Agent, for the premises located at 7535 W. Beloit Rd., d/b/a One More (2019-2020 Combination Class B Liquor License 2358) Attachments: S&C One More Appearance by Christina I. Lopez. A motion was made by Ald. May, seconded by Ald. Roadt, to Recommend to Issue a Findings and Recommendation for a thirty (30) day suspension of alcohol sales, the dates to be selected with the City Attorney between October 1, 2019 and completed by December 31, 2019. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. May, and Ald. Weigel No: 0 5. 2019-0528 Summons and Complaint in the matter of the complaint against DHV Enterprises LLC., Melissa A. Schrubbe, Agent, for the premises located at 1641 S. 68 St., d/b/a Dog House (2019-2020 Combination Class B Liquor License 2589) Attachments: S&C Dog House Appearance by Melissa A. & Glenn Schrubbe. A motion was made by Ald. May, seconded by Ald. Roadt, to Recommend to Issue a Findings and Recommendation for a ten (10) day suspension of alcohol sales, the dates to be selected with the City Attorney between October 1, 2019 and completed by December 31, 2019. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. May, and Ald. Weigel No: 0 6. 2019-0529 Summons and Complaint in the matter of the complaint against ARH Enterprises LLC, Hugo Juarez, Agent, for the premises located at 1900 S. 60 St., d/b/a Las Palmas (2019-2020 Combination Class B Liquor License 1541) Attachments: S&C Las Palmas Nonappearance by Hugo Juarez. City of West Allis Page 2 Printed on 9/25/2019 License & Health Committee Meeting Minutes August 27, 2019 A motion was made by Ald. May, seconded by Ald. Roadt, to Recommend to Issue a Findings and Recommendation for a ten (10) day suspension of alcohol sales beginning October 1, 2019 thru and including October 10, 2019. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. May, and Ald. Weigel No: 0 7. 2019-0411 Police Department Report involving One More, 7534 W. Beloit Rd., of The 5 Spot, LLC, Christina I. Lopez, Agent, Incident Date: May 7, 2019 A motion was made by Ald. May, seconded by Ald. Roadt, to Recommended that this matter be Placed on File. The motion carried unanimously. 2. 2019-0598 License applications for License & Health Committee recommendations Attachments: 8-27-19 License Checks file attachment License & Health Committee recommended approval of the following applicants at the next meeting. Borgwardt Rebecca M Operator's Nowaczyk Robert L Operator's Hernandez Tiffany M Operator's License & Health Committee recommended the following applicant's to receive a letter for appearance. Regan Patrick J Operator's Piscitello Joseph T Operator's Castro Rocio Operator's A motion was made by Ald. Weigel, seconded by Ald. May, to Recommend that this matter be Placed on File based on the Committee recommendations. The motion carried unanimously. E. MATTERS FOR DISCUSSION/ACTION 8. 2019-0552 Discussion relative to general guidelines for reviewing license application background checks and the steps for approval or appearance The City Clerk and the City Attorney discussed with the Committee changes to the review of applications. No action taken. F. ADJOURNMENT A motion was made by Ald. Weigel, seconded by Ald. May, to adjourn at 8:36 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 3 Printed on 9/25/2019 License & Health Committee Meeting Minutes August 27, 2019 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 4 Printed on 9/25/2019

Agenda

City of West Allis 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 27, 2019 6:00 PM City Hall, Room 128 7525 W. Greenfield Ave. REGULAR MEETING A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 1. 2019-0585 Minutes (draft) of the License & Health special meeting of August 6, 2019 and recess meeting of August 6, 2019 D. NEW AND PREVIOUS MATTERS New Matters for Introduction 2. 2019-0598 License applications for License & Health Committee recommendations Previous Matters for Consideration 3. 2019-0548 2019-2021 Operator’s License (bartender/sales clerk) application of Ian T. Hamilton 4. 2019-0527 Summons and Complaint in the matter of the complaint against The 5 Spot LLC, Christina Lopez, Agent, for the premises located at 7535 W. Beloit Rd., d/b/a One More (2019-2020 Combination Class B Liquor License 2358) 5. 2019-0528 Summons and Complaint in the matter of the complaint against DHV Enterprises LLC., Melissa A. Schrubbe, Agent, for the premises located at 1641 S. 68 St., d/b/a Dog House (2019-2020 Combination Class B Liquor License 2589) 6. 2019-0529 Summons and Complaint in the matter of the complaint against ARH Enterprises LLC, Hugo Juarez, Agent, for the premises located at 1900 S. 60 St., d/b/a Las Palmas (2019-2020 Combination Class B Liquor License 1541) Page 1 Printed on 8/23/2019 License & Health Committee Meeting Agenda August 27, 2019 For agenda items 4-6, the committee may convene in closed session pursuant to the provisions of Section 19.85(1)(a) of the WI State Statutes for the purpose of conferring with the City Attorney who will render oral or written advice concerning strategy to be adopted with respect to litigation in which the city is or is not likely to become involved. This committee may reconvene in open session after completion of the closed session to consider the balance of the agenda. 7. 2019-0411 Police Department Report involving One More, 7534 W. Beloit Rd., of The 5 Spot, LLC, Christina I. Lopez, Agent, Incident Date: May 7, 2019 E. MATTERS FOR DISCUSSION/ACTION 8. 2019-0552 Discussion relative to general guidelines for reviewing license application background checks and the steps for approval or appearance F. ADJOURNMENT 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. NOTICE OF POSSIBLE QUOROM It is possible that members of, and possibly a quorum of, members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information. No action will be taken by any governmental body at the above -stated meeting other than the governmental body specifically referred to above in this notice. 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. Page 2 Printed on 8/23/2019

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