City of Milwaukee - File #: 980674

• File #: 980674
• Version: 0
• Type: Motion
• Status: Passed
• File created: 9/1/1998
• In control: LICENSES COMMITTEE
• Final action: 12/18/1998
• Title: Motion to approve recommendations of the Utilities and Licenses Committee relative to issuance, denial, renewal, nonrenewal, suspension or revocation of licenses and extension of premises.
• Sponsors: THE CHAIR
• Indexes: ALCOHOL - REGULATION AND LICENSING, LICENSE REVOCATION, LICENSES

Date	Ver.	Action By	Action	Result	Tally
12/18/1998	0	COMMON COUNCIL	APPROVED; Minutes note: Recommendation of a 60-day suspension of the Class "B" Retailer's Intoxicating Liquor License and Tavern Cabaret/Night Club license of John W. Lutz for the premises at 851 W. Layton Avenue ("Lutz's Sport and Night Club") in the 13th Ald. Dist. Written objections have not been filed by the licensee. (Committee Vote: 5 Ayes; 0 Noes; Expiration Date: 5-13-99). THE CHAIR questioned whether all members of the Common Council had read the report and recommendations by the Utilities and Licenses Committee. Ayes: 17 - Ald. Pratt, D'Amato, Henningsen, Schramm, Johnson-Odom, Gordon, Frank, Richards, Butler, Scherbert, Witkowiak, Pawlinski, Breier, Nardelli, Murphy, Hines and President Kalwitz. Noes: 0. THE CHAIR questioned whether any of the applicants or their counsel was present and wished to address the Council. Attorney Michael Guerin appeared and wished to address the Council. ALD. PAWLINSKI moved that the Common Council do now resolve itself into a Committee of the Whole for the purpose of hearing from the applicant's attorney and Assistant City Attorney. PROCEEDINGS OF THE COMMITTEE OF THE WHOLE Attorney Guerin and Assistant City Attorney Bruce Schrimpf appeared and addressed the Committee. relative to the foregoing matter. ALD. WITKOWIAK moved that the Committee do now rise. The motion prevailed. ALD. PAWLINSKI moved for revocation of the license John Lutz for the premises at 851 W. Layton Avenue. The motion failed by the following vote: Ayes: 10 - Ald. D'Amato, Johnson-Odom, Frank, Richards, Pawlinski, Breier, Nardelli, Murphy, Hines and President Kalwitz. Noes: 7 - Ald. Pratt, Henningsen, Schramm, Gordon, Butler, Scherbert and Witkowiak. ALD. PAWLINSKI moved for a 90 -day suspension. The motion prevailed by the following vote: Ayes: 16 - Ald. Pratt, D'Amato, Henningsen, Johnson-Odom, Gordon, Frank, Richards, Butler, Scherbert, Witkowiak, Pawlinski, Breier, Nardelli, Murphy, Hines and President Kalwitz. Noes: 1 - Ald. Schramm.	Pass	16:0
11/10/1998	0	LICENSES COMMITTEE	RECOMMENDED FOR APPROVAL; Minutes note: The Utilities and Licenses Committee convened to further hear Lutz's matter previously heard on 11/4/98 John W. Lutz, 851 W. Layton Avenue. Testimony from proponents: 1. Attorney Jame Caraway, 3314 North Lake Drive, Business @ 731 North Jackson Street. 2. Morris Beckley, 9098 N. 75th Street-Disc Jockey. 3. William Lutz (former licensee and father of licensee 4113 W. Oklahoma Avenue. 4. Marcus Ware, (City of Milwaukee resident, License private investigator) License #9526, Internal Investigation Services, Brookfield) Attorney Guerin presented a letter from Mr. John Lutz to the Chief of Police dated 6/24/98. Motion by Ald. Butler to accept the letter for the record. Prevailed. (Exhibit #10) Ald. D'Amato moved acceptance of Attorney Guerin's motion to dismiss the instant revocation proceedings. Prevailed. (Exhibit #11) Ald. Butler moved not to revoke with no penalty. Failed. 3-0. Ayes: 1- Ald. Butler. Noes: 3 - Ald. Gordon, D'Amato, Schramm, Witkowiak. Ald. Witkowiak moved for a 60-day suspension. The motion prevailed. 5-0. Ayes: 5 - Ald. D'Amato, Schramm, Butler, Witkowiak and Chair, Ald. Gordon. Recessed at 10:50 A.M. for 10 minutes. Reconvened at 11:06 A.M.	Pass	5:0
11/4/1998	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Revocation proceedings regarding John W. Lutz for premises at 851 W. Layton Avenue ("Lutz's Sport and Night Club") Class "B" Retailer's Intoxicating Liquor License and Tavern Cabaret/Night Club. Hold until next regular schedule meeting of the Utilities and Licenses Committee to be held on 11/10/98 mtg. 5-0. Recessed: 11:45 a.m.- 11:50 a.m. Recessed: 1:25 p.m., Reconvened: 1:31 p.m. Lutz Revocation Attorney D. Michael Guerin Ald. Pawlinski (13th Ald. District) Captain Howard K. Lindstedt (read complaint) P.O. Ivan T. Wick (took videos) Lt. Hagen -MPS Assistant City Attorney Dave Halbrooks Speakers in Opposition: Jerome Arenas - 800 W. Layton - Restaurant operator David Schilz -801 W. Layton Kevin Radakovich-4758 S. 8th Street Jewel Gerth-700 W. Layton Ave Peggy Boos-909 W. Layton Ave Gerald Gerth-700 W. Layton John O'Boyle-4727 S. 7th Det. Husar-MPD Note: Utilities and Licenses Committee to convene at 8:00 A.M., on November 10, 1998 to further hear Lutz matter. Lutz Revocation Witnesses: Exhibit 1 Ald. Schramm made 13" "blue" summary tape part of record. Exhibit 2&3 Ald. Schramm made 2 additional police videos part of record. Exhibit 4 Pa 33 form received into record by Ald. Butler. Exhibit 5 Ald. Schramm received maps for record from Attorney Guerin of parking lot. Exhibit #6 Ald. Schramm received map of police district #2. Ald. D'Aamto receive into record sexual assault report. Prevailed. Note: discussion with Ald. Schramm to provide record "TRO" Motion to receive pack of PA 33 by Ald. D'Amto. Prevailed. Ald. Butler moves to receive 2 documents from Ald. Pawlinski marked exhibits #7 and #8 respectively (Ald. Contact Complaint List/Constituent Profile) Exhibit #9 Stipulation & Order for Dismissial, Case 98-CV-8230
10/27/1998	0	LICENSES COMMITTEE	HEARING NOTICES SENT
10/27/1998	0	LICENSES COMMITTEE	HEARING NOTICES SENT
9/1/1998	0	COMMON COUNCIL	ASSIGNED TO

NUMB:

980674

VERS:

ORIGINAL

REF:

XXBY:

THE CHAIR

TITL:

Motion to approve recommendations of the Utilities and Licenses Committee relative to issuance, denial, renewal, nonrenewal, suspension or revocation of licenses and extension of premises.

BODY:

The Common Council of the City of Milwaukee hereby accepts the recommendations of the Utilities and Licenses Committee as contained in the listings attached to this file.

ZDPT:

DFTR:

CC-CC

AJZ/mbh

9/1/98

ul-mot