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, December 17, 2019 7:39 PM City Hall, Room 128 7525 W. Greenfield Ave. RECESS MEETING A. CALL TO ORDER The meeting was called to order by Chair Czaplewski at 7:39 p.m. B. ROLL CALL Present 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel Others present: Attorney Yandell Kendrick & Erwin C. Magritz, Satishkumar V. Patel, Geraldo Howard, Markus Gorsic, Debra A. Berrones, Gabrielle N. Hanley, Danielle M. Nichols, Bradley J. Peterson, Ashley N. Seifert, Marquis A. Young, Sr., James C. Balfe, Kail Decker, City Attorney, Nicholas Cerwin, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. NEW AND PREVIOUS MATTERS 37. 2019-0954 Summons and Complaint in the matter of the complaint against Lele’s Whiskey Corner, LLC, Erwin Magritz, Agent, for the premises located at 1309 S. 60 St., d/b/a Remedy Bar (2019-2020 Combination Class B Alcohol License No. 1733) Attachments: S&C Lele's Whiskey Corner, Remedy Bar (Erwin Magritz) Appearance by Attorney Yandell Kendrick, representing Erwin C. Magritz. Attorney Kendrick stated that his client denied the allegations in the Complaint and asked for a Hearing in February. The Chair stated the City Attorney would be in touch to schedule the Hearing at a future date. This matter was Held. 38. 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 See legislative file no. 2019-0954. This matter was Held. 39. 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. 2019-0954. This matter was Held. City of West Allis Page 1 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 40. 2019-0751 Police Department Report relative to the September 8, 2019 Tavern compliance checks involving eleven (11) West Allis businesses, resulting in two (2) violations, Lele’s Whiskey Corner, LLC, Erwin Magritz, Agent, d/b/a Remedy Bar, premises located at 1309 S. 60 St. See legislative file no. 2019-0954. This matter was Held. 41. 2019-0948 Police Department Report involving Remedy Bar, 1309 S. 60 St., of LeLe's Whiskey Corner, LLC, Erwin C. Magritz, Agent, Incident Date: November 20, 2019 See legislative file no. 2019-0954. This matter was Held. 42. 2019-0915 2019-2020 Combination Class B License application no. 2743 of Mallas Food Services, LLC, Satishkumar V. Patel, Agent, d/b/a Aris Sports Bar, for the premises located at 1657 S. 108 St. (new-existing location) Attachments: AFFIDAVIT OF PUBLICATION - Liquor Mallas and Cream City 0003935371 Appearance by Satishkumar V. Patel. Discussion ensued regarding Mr. Patel's experience in running a restaurant. A motion was made by Ald. Haass, seconded by Ald. Roadt, that this matter be Recommended for Approval subject to the necessary requirement(s). The motion carried unanimously. Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 43. 2019-0916 2019-2020 Combination Class B License application no. 2742 of Cream City Print Lounge, LLC, Natasha C. Coe, Agent, d/b/a Cream City Print Lounge, for the premises located at 8010 W. National Ave. (new-nonexisting location) Attachments: AFFIDAVIT OF PUBLICATION - Liquor Mallas and Cream City 0003935371 Nonappearance of Natasha C. Coe, Agent, appearance by Geraldo Howard, co-owner of the business. Discussion ensued regarding primary use of the premises being a print shop, that alcohol was incidental, and that the license should reflect that information. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter was Recommended for Approval subject to the necessary requirement(s) with the license reflecting that alcohol sales are incidental and the primary use of the business is a print shop. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Haass, Ald. May, and Ald. Weigel No: 1- Ald. Roadt City of West Allis Page 2 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 44. 2019-0950 Petition to exceed the alcohol license quota submitted by Markus Gorsic, of Jagers LLC, d/b/a Da Bar, for a 2019-2020 Combination Class B Liquor License for the premises located at 1900 S. 60 St. Attachments: Da Bar.Petition to Exceed the Alcohol License Quota Da Bar.Lease.Not approved by City Attorney's Office Da Bar.Lease.Business Plan Da Bar.Lease.Future Plan Appearance by Markus Gorsic. Discussion ensued regarding Mr. Gorsic's business plan and the special use requirement. A motion was made by Ald. May, seconded by Ald. Roadt, that this matter be Recommended For Approval to go to Public Hearing. The motion carried unanimously. 45. 2019-0901 2019-2021 Operator’s License (bartender/sales clerk) application of Debra A. Berrones Appearance by Debra A. Berrones. Discussion ensued regarding Ms. Berrones' background check report. The Committee held this matter so that Ms. Berrones may provide proof of payment of the outstanding warrant by the next License & Health Committee meeting. This matter was Held. 46. 2019-0902 2019-2021 Operator’s License (bartender/sales clerk) application of Gabrielle N. Hanley Appearance by Gabrielle N. Hanley. Discussion ensued regarding Ms. Hanley's background check report. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter was Recommended For Approval based upon the applicant demonstrating competent evidence of rehabilitation. The motion carried by the following vote: Aye: 3- Ald. Czaplewski, Ald. Haass, and Ald. Weigel No: 2- Ald. Roadt, and Ald. May 47. 2019-0905 2019-2021 Operator’s License (bartender/sales clerk) application of Danielle M. Nichols Appearance by Danielle M. Nichols. Discussion ensued regarding Ms. Nichols' background check report. A motion was made by Ald. Haass, seconded by Ald. May, that this matter be Recommended For Approval based upon the applicant demonstrating competent evidence of rehabilitation. The motion carried unanimously. 48. 2019-0907 2019-2021 Operator’s License (bartender/sales clerk) application of Bradley J. Peterson Appearance by Bradley J. Peterson. Discussion ensued regarding Mr. Peterson's background check report. A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter be Recommended For Approval based upon the applicant demonstrating competent evidence of rehabilitation. The motion carried unanimously. City of West Allis Page 3 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 49. 2019-0909 2019-2021 Operator’s License (bartender/sales clerk) application of Ashley N. Seifert Appearance by Ashley N. Seifert. Discussion ensued regarding Ms. Seiferts' background check report. A motion was made by Ald. May, seconded by Ald. Haass, that this matter be Recommended For Approval based upon the applicant demonstrating competent evidence of rehabilitation. The motion carried unanimously. 50. 2019-0911 2019-2021 Operator’s License (bartender/sales clerk) application of Marquis A. Young, Sr. Appearance by Marquis A. Young, Sr. Discussion ensued regarding Mr. Young's background check report. A motion was made by Ald. May, seconded by Ald. Haass, that this matter be Recommended For Approval based upon the applicant demonstrating competent evidence of rehabilitation. The motion carried unanimously. 2019-0913 Review of license applicant background checks for consideration of possible approval or denial Operator's License (bartender/sales clerk) applications 2019-2021: Gruchalski, Angela M. Krolicki, Tanya R. Morss, Stephanie A. Shanklin, Natalie R. This matter was Held. 51. 2019-0900 2019-2021 Operator’s License (bartender/sales clerk) application of James C. Balfe Appearance by James C. Balfe. Discussion ensued regarding Mr. Balfe's background check report. A motion was made by Ald. Haass, seconded by Ald. May, that this matter was Recommended For Approval based upon the applicant demonstrating competent evidence of rehabilitation and the age of the offenses. The motion carried by the following vote: Aye: 4- Ald. Czaplewski, Ald. Roadt, Ald. Haass, and Ald. May No: 1- Ald. Weigel 52. 2019-0903 2019-2021 Operator’s License (bartender/sales clerk) application of Roberto Herrera, Jr. Nonappearance of Roberto Herrera, Jr. Mr. Herrera did not respond to the letter mailed to him to allow him an appearance before the License & Health Committee to appeal the Committee's November 26, 21019 recommendation for denial. This matter was Recommended for Denial based upon the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. 53. 2019-0904 2019-2021 Operator’s License (bartender/sales clerk) application of Kayla M. Luty Nonappearance of Kayla M. Luty. Ms. Luty did not respond to the letter mailed to her to allow her an appearance before the License & Health Committee to appeal the Committee's November 26, 21019 recommendation for denial. City of West Allis Page 4 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 This matter was Recommended for Denial based upon the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. City of West Allis Page 5 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 54. 2019-0906 2019-2021 Operator’s License (bartender/sales clerk) application of Banae M. Perfect Nonappearance of Banae M. Perfect. Ms Perfect did not respond to the letter mailed to her to allow her an appearance before the License & Health Committee to appeal the Committee's November 26, 21019 recommendation for denial. This matter was Recommended for Denial based upon the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. 55. 2019-0908 2019-2021 Operator’s License (bartender/sales clerk) application of Isabella L. Ramirez Nonappearance of Isabella L. Ramirez. Ms. Ramirez did not respond to the letter mailed to her to allow her an appearance before the License & Health Committee to appeal the Committee's November 26, 21019 recommendation for denial. This matter was Recommended for Denial based upon the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. 56. 2019-0910 2019-2021 Operator’s License (bartender/sales clerk) application of Judith L. Tobar Nonappearance of Judith L. Tobar. Ms. Tobar did not respond to the letter mailed to her to allow her an appearance before the License & Health Committee to appeal the Committee's November 26, 21019 recommendation for denial. This matter was Recommended for Denial based upon the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. Passed The Block Vote A motion was made by Ald. Haass, seconded by Ald. Roadt, to approve all the actions on item nos. 52-56 on a Block Vote. The motion carried unanimously. 57. 2019-0912 2019-2021 Operator’s License (bartender/sales clerk) application of Jennifer D. Salzer Nonappearance of Jennifer D. Salzer. Ms. Salzer had a prior appearance on the items in question. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter be Recommended For Approval. The motion carried unanimously. City of West Allis Page 6 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 58. 2019-0938 License applications Operator's License Application 2019-2021: - Berendt, Sherri L. - Crom, Rachel A. - McGuigan, Jennifer M. - Ni, Yunguang - Tran, Tabatha P. - Waizin, Moe Secondhand Article Dealer License Application 2019-2020 - d/b/a Happy 8 Collectibles, LLC, Minerva Sanchez, Agent, 6747 W. Lincoln Ave. A motion was made by Ald. Haass, seconded by Ald. May, that this matter be Recommended for Approval subject to the necessary requirement(s). The motion carried unanimously. 59. 2019-0952 Combination Class B Special Event Permit application no. 20 of Kegel’s LLC, Julian Kegel, d/b/a Kegel’s Inn, for the Kegel’s Beer Garden and Ice Rink events to be held from December 17, 2019 - December 31, 2020, Monday-Sunday 11:00 a.m. - 9:00 p.m. Food and Outdoor Music. Event extends onto City-Right-of-Way. A motion was made by Ald. Haass, seconded by Ald. May, that this matter be Recommended for Approval subject to the necessary requirement(s). The motion carried unanimously. 60. 2019-0951 Combination Class B Special Event Permit application no. 21 of La Says Invest LLC, Christopher Kuranz, d/b/a Public Table for the Beer Garden and Ice Rink events to be held from December 17, 2019 - December 31, 2020, Monday-Sunday 11:00 a.m. - 9:00 p.m. Food and Outdoor Music. Event extends onto City-Right-of-Way A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter be Recommended for Approval subject to the necessary requirement(s). The motion carried unanimously. 61. 2019-0942 Police Department Report regarding tavern violations/calls for service for the month of November 2019 Attachments: November Tavern report 2019_Redacted A motion was made by Ald. May, seconded by Ald. Haass, that this matter be Recommended to be Placed on File. The motion carried unanimously. 63. 2019-0945 Police Department Report involving Slurp-n-Burp Fun Bar, 1454 S. 92 St., of R & K Entertainment Enterprises, LLC, Robert M. Lucas, Agent. Incident Date: November 1, 2019 This matter was Held. 64. 2019-0946 Police Department Report involving Premier Sports Lounge, 1022 S. 60 St., of Premier Sports Lounge LLC, Tabitha A. Harris, Agent, Incident Date: November 2, 2019 This matter was Held. 65. 2019-0947 Police Department Report involving Uncle Festers, 5732 W. Mitchell St., of Uncle Festers LLC, Ashley Kapalczynski, Agent, Incident Date: November 4, 2019 This matter was Held. City of West Allis Page 7 Printed on 2/12/2020 License & Health Committee Meeting Minutes December 17, 2019 66. 2019-0949 Police Department Report involving JC’s Pub & Grub, 8028 W. National Ave., of JC’s Pub, Inc., Jeffery Clark, Agent, Incident Date: November 9, 2019 This matter was Held. 62. 2019-0944 Police Department Reports regarding November 2019 Tobacco and Alcohol/Tavern compliance check reports; and the Wisconsin Clean Air Act Smoking Ban Report. No violations reported A motion was made by Ald. May, seconded by Ald. Haass, that this matter be Recommended to be Placed on File. The motion carried unanimously. D. ADJOURNMENT The meeting adjourned at 8:32 p.m. Respectfully submitted, Ann Marie Neff Secretary to the Committee 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 2/12/2020