| 7/30/2024 | 0 |
COMMON COUNCIL
| APPROVED
Minutes note: motion relating to the revocation of the Extended Hours Establishment license of Angel Gutierrez Garnica based upon the preponderance of the evidence in the police report included on the complaint filed by MPD and the applicant, aldermanic and significant testimony from the police officers that demonstrates the operation results in a threat to health, safety or welfare of the public for failure to comply with the approved plan of operation; for the premises located at 2106 W National Av. (“El Jalapeno Restaurant LLC”) in the 8th aldermanic district.
(No Written Objections Have Been Filed)
| Pass | 15:0 |
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| 7/12/2024 | 0 |
LICENSES COMMITTEE
| RECOMMENDED FOR APPROVAL
Minutes note: The applicant was present along with his son, Angel Gutierrez Garnica.
The applicant asked for an interpreter. Mr. Cooney disclosed that our interpreters are not legally certified.
The applicant agreed.
The meeting paused to get the interpreter.
Joanna Polanco staffed the meeting and Yadira Melendez appeared as the applicant's interpreter per applicant's request.
Individuals also present:
Assistant City Attorney Theresa Montag presented the complaint filed by MPD involving the extended hours establishments license for serving alcohol after hours and the discharge of firearms outside the premises.
Officers offering testimony:
Officer Lomeli (District 2) said that he and other officers participated in an under cover operation on June 19, 2024 at El Jalapeno restaurant. He added that 2 under cover officers got into the establishment at 3:05am, that they ordered food and drinks and that they were served beer in plastic cups around 3:07am. He added that he and Officer Merritt (partner) were walking into the establishment, they observed the owner outside and opened the door while saying that the police were here and that the waitress removed the beers that the under cover officers already had obtained while saying that they were closed. He also explained that he proceeded to do the license check, that he explained the applicant that he was not supposed to be serving alcohol and that the owner replied that he was allowed to stay open until 4:00am everyday. Officer Lomeli asked the owner to revise his license and the owner apologized for the mistake. He added that they took photos and interviewed other staff members present there.
Ald. Zamarripa asked Officer Lomeli if the owner that he is talking about is the same person that is here, Mr. Gutierrez Garnica.
Officer Lomeli said that it is the same person.
Officer Powell (District 2) said that he and Officer Corner were working in an under cover capacity arriving at "El Jalapeno" restaurant around 3:05am, ordering tacos and beer and that the beer was brought immediately in plastic cups. He added that at that moment, they communicated with the uniformed officers informing them that they got the alcohol and that they were waiting for the food.. He continued saying that as the officers were approaching, the waitress removed the beers and told them that they were closed and that they were asked to leave which is what they did.
Ald. Zamarripa asked Officer Powell if he was wearing plain clothes.
Officer Powell answered "yes".
Ald. Zamarripa asked what kind of drinks they ordered.
Officer Powell said that they ordered "Corona" and they were brought in plastic cups.
Ald. Burgelis asked if it is a common practice for MPD to conduct operations like this one.
Officer Powell said that his training is mostly to criminal and drug cases but that is not limited to those. He added that he has responded to incidents at "El Jalapeno" and also has received complaints from other bar owners about this establishment serving alcohol after hours and that is how they started this investigation.
Ald. Burgelis asked if there were more patrons at the same time of the under cover operation.
Officer Powell said that he counted about 11 other people and that they all had food and drinks at their tables.
Officer Kilwine (Distrcit 2) said that he responded to a call of shots being fired at 2100 W National Av. and that the call was unfounded due the lack of evidence. He explained that while on the scene, a gentleman named Kyle L Saffold (black male 30 40 yrs of age) approached him and told him that he wanted to file a complaint against "El Jalapeno" at 2106 W National Av because it is known by serving alcohol after hours. Mr. Saffold told Officer Kilwine that he went there at 3:15am and that he ordered and was served 7 tequila shots around 3:35am which is when the police arrived and the waitress returned him the cash, removed the drinks and told him not to say a word about the drinks. Officer Kilwine said that Mr. Saffold provided all his contact information for follow up.
Ald. Zamarripa asked Officer Kilwine if he was part of the under cover operation.
Officer Kilwine answered that he was not and that this was a separated incident.
There were no neighbors present to testify.
Individuals also present:
Ald. Moore asked who has access to the operation of the security cameras besides the staff.
Mr. Gutierrez said only his daughter.
Ald. Moore asked is she part of the daily staff.
The applicant answered she is not.
Ald. Moore asked how MPD would have access to the cameras.
The applicant said that his daughter would provide him with the password.
Ald. Moore noted that there must be a correction to the file because the time is listed as the officers arrived at 3:05PM throughout the report and that it is supposed to be 3:05AM instead.
Mr. Gutierrez apologized for all of these incidents and said that he has been in this business for 25 years and this is the first time that he is before a situation like this. He added that those plastic cups are used for all sorts of drinks and that he is not sure why the waitress served alcohol on those. He added that regarding the incident cited by Officer Kilwine, they do not sell tequilas; only beers like corona, modelo and tecate and that this complainant left angry because there was a problem with his food.
Ald. Burgelis asked the applicant if he is certain that it was beer served.
The applicant explained that the patrons might offer a better tip to the waitress, so that could be why they were serving alcohol after hours. He added that he cannot be at each table checking what the waitresses are serving.
Ald. Zamarripa said that she has received complaints over the years about alcohol being served after hours at "El Jalapeno", that she always trusted the applicant because there was no evidence before.
Ald. Zamarripa moved revocation of the Extended Hours Establishment based upon the preponderance of the evidence in the police report included on the complaint filed by MPD, the applicant, aldermanic and significant testimony from the police officers that demonstrates the operation results in a threat to health, safety or welfare of the public for failure to comply with the approved plan of operation. There were no objections. (Prevailed 5-0)
| Pass | 5:0 |
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