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License and Health Committee (INACTIVE)

Regular Meeting

West Allis, WI · September 24, 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, September 24, 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 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel Others present: Erwin C. Magritz, Laura A. Saldivar, Kristine M. & Paul Budiac & Gregory S. Dowden, Rocio Castro, Steven A. Braatz, Jr., City Clerk, Nicholas Cerwin, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 1. 2019-0663 Minutes (draft) of the License & Health regular meeting of August 27, 2019, recess meetings of September 3, 2019 and September 17, 2019 Attachments: 082719 LH Minutes (draft) 090319 LH recess minutes (draft) 091719 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. 2019-0578 Police Department Report involving Remedy Bar, 1309 S. 60 St., of LeLe's Whiskey Corner, LLC, Erwin C. Magritz, Agent, Incident Date: July 11, 2019 Appearance by Erwin C. Magritz. Attorney Cerwin reminded the Committee that any discussion could hinder future actions which may be taken once all the reports are received regarding these incidents. This matter was Held 3. 2019-0579 Police Department Report involving Remedy Bar, 1309 S. 60 St., of LeLe's Whiskey Corner, LLC, Erwin C. Magritz, Agent, Incident Date: July 19, 2019 See Legislative File no. 2019-0578. This matter was Held City of West Allis Page 1 Printed on 11/21/2019 License & Health Committee Meeting Minutes September 24, 2019 4. 2019-0574 Police Department Report involving Stallywood, 6827 W. National Ave., of Stallywood LLC, Robert L. Anderson, Agent, Incident Date: July 4, 2019 Nonappearance of Robert L. Anderson. Mr. Anderson 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 5. 2019-0575 Police Department Report involving Red, White and Brews, 7127 W. National Ave., of Red, White and Brews, LLC, Eric G. Millard, Agent, Incident Date: July 4, 2019 Nonappearance of Eric G. Millard. Mr. Millard contacted the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. This matter was Held 6. 2019-0584 Police Department Report relative to the July 29, 2019 Alcohol Compliance Checks involving twelve (12) West Allis businesses, resulting with one (1) selling alcohol to an underage person without requesting identification (Layton Food & Gas LLC, Tarlok Bhatia, Agent, d/b/a Becher Liquor & Beer, premises located at 2077 S. 78 St) (Licensed Operator (bartender/sales clerk: Laura A. Saldivar) Nonappearance by Tarlok Bhatia. Mr. Bhatia contacted the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. Appearance by Laura A. Saldivar. Discussion ensued regarding the Compliance Check Report. This matter was Held 7. 2019-0641 Police Department Report relative to the August 16, 2019 Tavern compliance checks involving ten (10) West Allis businesses, resulting in one (1) violation, Paulie’s Pub & Eatery, LLC, Kristine M. Budiac, Agent, d/b/a Paulie’s Pub & Eatery, LLC, premises located at 8031 W. Greenfield Ave. (Licensed Operator (bartender/sales clerk) #8260: Gregory S. Dowden) Appearance by Kristine M. Budiac, Paul Budiac, & Gregory S. Dowden. Discussion ensued regarding the Compliance Check and the possibility of acknowledging when an establishment passes. Ms. Budiac was informed that two (2) noncomplainace reports in a twelve month period could result in suspension, revocation, or nonrenewal of an establishment's alcohol license. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter be Recommended to be Placed on File. The motion carried unanimously. 8. 2019-0606 2019-2021 Operator’s License (bartender/sales clerk) application of Rocio Castro Appearance by Rocio Castro. Discussion ensued regarding Ms. Castro's background report and her rehabilitation by taking the responsible beverage course, applying for an Operator's (bartender/sales clerk) License and her admitted diligence in asking for identification to verify the patron's age. A motion was made by Ald. Haass, seconded by Ald. Weigel, that this matter be Recommended For Approval. The motion carried unanimously. City of West Allis Page 2 Printed on 11/21/2019 License & Health Committee Meeting Minutes September 24, 2019 9. 2019-0607 2019-2021 Operator’s License (bartender/sales clerk) application of Joseph T Piscitello Nonappearance of Joseph T. Piscitello. Mr. Piscitello did not respond to the letter mailed to him to allow him an appearance before the License & Health Committee to appeal the Committee's August 24, 2019 recommendation for denial based on the applicant's record having violations that are substantially related to the licensed activity. A motion was made by Ald. Haass, seconded by Ald. Roadt, that this matter be Recommended for Denial based on the applicant's record having violations that are substantially related to the licensed activity and the lack of proof of rehabilitation. The motion carried unanimously. 10. 2019-0609 2019-2021 Operator’s License (bartender/sales clerk) application of Patrick J Regan Nonappearance of Patrick J Regan. Mr. Regan did not respond to the letter mailed to him to allow him an appearance before the License & Health Committee to appeal the Committee's August 24, 2019 recommendation for denial based on the applicant's record having violations that are substantially related to the licensed activity. A motion was made by Ald. Haass, seconded by Ald. May, that this matter be Recommended for Denial based on the police report records substantially relating to license activity and the lack of proof of rehabilitation. The motion carried unanimously. 11. 2019-0664 License applications for License & Health Committee recommendations License & Health Committee recommended approval of the following applicants at the next meeting. Aleman Dorothy L Operator Brzakala Andrew J Operator Fritsch Erin M Operator Handle Andrew R Operator Mark Emily J Operator Surprise James J Secondhand Article Dealer Wells Daniel N Operator Wilbrandt Victoria A Operator License & Health Committee recommended denial of the following applicants. The Clerk's Office was directed to send a letter allowing the applicant an opportunity to appear before the License & Health Committee to show evidence of rehabilitation. Fleming, Marie L Operator Hamilton, Mariae M Operator Rauch-Sharak Joseph E Operator A motion was made by Ald. Haass, seconded by Ald. Weigel, that this matter be Recommended to be Placed on File based on the Committee recommendations. The motion carried unanimously. E. ADJOURNMENT A motion was made by Ald. Weigel, seconded by Ald. Haass, to adjourn at 6:40 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 3 Printed on 11/21/2019 License & Health Committee Meeting Minutes September 24, 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 11/21/2019

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, September 24, 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. 2019-0663 Minutes (draft) of the License & Health regular meeting of August 27, 2019, recess meetings of September 3, 2019 and September 17, 2019 D. NEW AND PREVIOUS MATTERS 2. 2019-0578 Police Department Report involving Remedy Bar, 1309 S. 60 St., of LeLe's Whiskey Corner, LLC, Erwin C. Magritz, Agent, Incident Date: July 11, 2019 3. 2019-0579 Police Department Report involving Remedy Bar, 1309 S. 60 St., of LeLe's Whiskey Corner, LLC, Erwin C. Magritz, Agent, Incident Date: July 19, 2019 4. 2019-0574 Police Department Report involving Stallywood, 6827 W. National Ave., of Stallywood LLC, Robert Anderson, Agent, Incident Date: July 4, 2019 5. 2019-0575 Police Department Report involving Red, White and Brews, 7127 W. National Ave., of Red, White and Brews, LLC, Eric G. Millard, Agent, Incident Date: July 4, 2019 6. 2019-0584 Police Department Report relative to the July 29, 2019 Alcohol Compliance Checks involving twelve (12) West Allis businesses, resulting with one (1) selling alcohol to an underage person without requesting identification (Layton Food & Gas LLC, Tarlok Bhatia, Agent, d/b/a Becher Liquor & Beer, premises located at 2077 S. 78 St) (Licensed Operator (bartender/sales clerk: Laura A, Saldivar) 7. 2019-0641 Police Department Report relative to the August 16, 2019 Tavern compliance checks involving ten (10) West Allis businesses, resulting in one (1) violation, Paulie’s Pub & Eatery, LLC, Kristine M. Budiac, Agent, d/b/a Paulie’s Pub & Eatery, LLC, premises located at 8031 W. Greenfield Ave. (Licensed Operator (bartender/sales clerk) #8260: Gregory S. Dowden) 8. 2019-0606 2019-2021 Operator’s License (bartender/sales clerk) application of Rocio Castro Page 1 Printed on 9/20/2019 License & Health Committee Meeting Agenda September 24, 2019 9. 2019-0607 2019-2021 Operator’s License (bartender/sales clerk) application of Joseph T Piscitello 10. 2019-0609 2019-2021 Operator’s License (bartender/sales clerk) application of Patrick J Regan 11. 2019-0664 License applications for License & Health Committee recommendations Aleman, Dorothy L., Operator Brzakala, Andrew J., Operator Fleming, Marie L., Operator Fritsch, Erin M., Operator Hamilton, Mariae M., Operator Handle, Andrew R., Operator Mark, Emily J., Operator Rauch-Sharak, Joseph E., Operator Surprise, James J., Secondhand Wells, Daniel N., Operator Wilbrandt, Victoria A., Operator E. 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 9/20/2019

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