City of Milwaukee - File #: 150330

Date	Ver.	Action By	Action	Result	Tally	Action Details	Meeting Details	Video
7/21/2015	1	COMMON COUNCIL	APPROVED Minutes note: All members present indicated they had read the report of the recommendations of the committee.	Pass	13:0	Action details	Meeting details	Video
7/7/2015	0	LICENSES COMMITTEE	AMENDED Minutes note: Meeting reconvened at 4:40	Pass	2:1	Action details	Meeting details	Not available
7/7/2015	0	LICENSES COMMITTEE	RECOMMENDED FOR APPROVAL Minutes note: Atty Andrew Arena present with the applicant. The establishment uses a bracelet system to identify patrons that are old enough to drink. It was discovered that an employee was selling wristbands to underage individuals. The applicant has terminated the individual. The applicant confirmed that he has been convicted of four misdemeanors and is allowed to work between 4 PM and 4 AM. The business opens at 11 AM. A manager opens the business and there is always a licensed bartender on premise when he is not there. He confirmed that he filled out the form labelled as exhibit H and checked "no" to question 2b, related to municipal citations. He does however have municipal citations. At the 1/6/15 Licenses Committee meeting, there was a conversation regarding having a licensed person on premise. At the meeting, he stated security guards would check IDs. He is aware that a licensed bartender needs to be on premise at all times. He was recently cited for not having a responsible person on premise. He had not initially been scheduling any licensed bartenders on premise when the establishment opened beginning at 11 AM. When he completed exhibit H, he did not understand what the question meant. He did admit the citations to the committee at the last meeting and did not check "no" to intentionally deceive anyone. He states that there was an incident where he did tell an undercover police aide to give beer to another individual if police came to the establishment. He thought she was coming in for food and then he discovered she had a drink so he checked ID. 70-80% of people who order dinner order alcohol as well. He obtained an ID scanner 3-4 weeks ago so he can verify that security guards are checking IDs. Fifteen employees rely on the business. He states he thinks he can do a better job of running the business given the opportunity. Assistant City Attorney Nick Desiato present. The owner's convictions range from 2011 - 2014, so municipal citations occurred before the exhibit H form was completed. Theresa Westfall - Police Aide for Milwaukee Police Department. On February 27, 2015 she and and a police officer in plain clothes went to about 27 locations. She did not have an ID and was instructed to attempt to gain entry to establishments without an ID. Upon entering Kiku, no one checked for an ID. The owner told them to take a seat. She ordered a beer from a waitress and was given a bottle without having an ID checked. A squad car then went past the restaurant. She was approached by the owner with two orange wristbands and asked for ID. She was instructed to give her beer to the undercover officer if police came in. Officers entered the establishment and asked her to leave. Other patrons also began to leave. Before leaving, staff told her to tell police that the undercover officer was having the beer. When she paid for the drink, she was again told to state that the alcohol belonged to the other individual she was with. She was 19 years old at the time of the incident and was instructed to not lie about her age. Officer Mariolys Flores - On March 7, 2015 she was undercover with an underage police aide. They arrived sometime after 10 PM and were asked for IDs at the door by security. She said she didn't have her ID and the police aide said she must have lost her ID. The owner came and asked if they were going to eat or drink and they were seated. There was loud music playing in the establishment at the time. She stated she does not generally encounter security at restaurants. After being seated, the 19 year old police aide ordered a beer. The police aide was served a beer and no ID was checked. Later in the night police officers came in. The waitress then approached her and the police aide asking if they had IDs. The waitress took away the beer and said she would bring it back when the police left. She called over the waitress to see if they should pay for the beer before leaving. The owner then approached the table. He asked if they had IDs and then told them they did not need to pay and should just leave. Security stopped them as they were leaving and asked why they were leaving. She stated her friend didn't feel comfortable with police present. Security advised that they could stay in the back area of the restaurant, as the police don't normally go there. They then left the establishment. Police Aide Candice Fons - She states she is 18 years old and entered the establishment on April 17, 2015 with a police officer. They were both in street clothes and it was about 11 PM. Upon arrival security asked for IDs. They said they didn't have one so they went back to the car to get IDs. She brought back an ID of a different person. The ID was for an individual with a different height, hair color, and hair style. She gave the ID to the security guard. The guard passed it to another security guard who scanned it with his phone. The security guard seemed confused about which ID belonged to which individual so he passed them both back to the officer. Both individuals were given wristbands. Upon entry, she ordered a Miller Lite and the officer ordered a water. She was served the bottle with a glass. Officer Dean Drajkowski - On 6/5/15, he visited the establishment with Officer Brown and Department of Revenue Agent King to conduct a licensed premise inspection. It was around 1:30 PM and the business was open. There were two women at the front counter. There were no individuals on premise with a Class D Operator's license. A licensed individual showed up about an hour and a half later. An employee, Ms. Bustamante, indicated that she opens the business each day at 11 AM, but she does not have a license. He observed two bottles of alcohol that were contaminated. The exterior of the establishment had a sign stating the bar is open until 3 AM. Inside the bar there was a sign stating bottle service is available. Ms. Bustamante elaborated that bottles are brought to the table and patrons pour their own alcohol. Bottle service is not legal. Sgt Joseph Gonzelka - On June 9, 2015 after 2 AM, he was patrolling the area and observed there were several people seated at the bar. He approached the establishment to determine why people were in the bar. The owner was outside stacking chairs. When the owner saw him approaching, he hurried inside and attempted to get individuals on premise to leave. He then interviewed the people exiting the establishment. Two individuals said they were using the restroom. One individual was a friend of the owner, one was an employee, and one gave incoherent answers. He spoke with owner, who said people were using the bathroom and everyone else on premise was an employee. He offered video, which showed people seated at the bar area with drinks on the table. The owner was consuming alcohol with another individual. The individuals who said they were there to use the bathroom used the bathroom and then looked at menus. At 2:05 AM all individuals were still inside. The owner left and then came back in and quickly removed drinks from the bar. He was able to confirm the video footage had the correct times, as the times on the camera were synced within seconds to the times on his phone. Captain Leslie Thiele - She states that underage drinking is a large concern in the district. The district does underage stings and meets with tavern owners once per year to discuss expectations. The establishment has had numerous underage incidents. 68% of the tavern licenses in the city are in the district, but this is her first time appearing before the committee for a revocation. She has not observed such a high frequency and continuation of incidents at other establishments. Individuals appearing in support: Khastia Bustamante - 6800 W Forest Home Ave - She was dismissed after the owner received notice of the hearing. There were several incidents of her selling beer to an underage individual. She states that they looked to be of age. She states she didn't know the police aide was underage, but took the beer from her since she didn't have an ID. She states she didn't know a licensed bartender needed to be on premise on the date that there was not a licensed bartender. Employees are now much more careful about checking IDs and following laws. Danny Brahm - 330 S 17th St - He has been a customer for about five years. He has observed the use of an ID scanner recently. The carding policy has gotten more strict recently. Gloria Rocha - 7985 S Bine Ct, Oak Creek - She patronizes the business a few times per year.... Sierra Perry - 5563 Root River Dr - She is a manager at Kiku. Employees are reminded by the owner regularly to check IDs. She advises employees to watch groups to ensure no one who is underage receives a drink. Security checks ID and they are all new employees. John Rivera - 1820 S 21st St - He patronizes the business 3-4 times a week. There has been a noticeable change since security has been replaced. Roberto Fuentes - 1216 Marquette Ave - He is a customer of the establishment. He has his ID checked each time he comes in, but does not get a wristband because he does not drink. He thinks the owner is responsible. Ald. Zielinski moved for a 60 day suspension based on the police report and police testimony, holding open the five police items that have not been adjudicated. (Prevailed 2-1) Meeting adjourned at 7:35 PM Staff Assistant Jessica Celella	Pass	2:1	Action details	Meeting details	Not available
6/23/2015	0	COMMON COUNCIL	ASSIGNED TO			Action details	Meeting details	Not available

Number

150330

Version

Original

Reference

Sponsor

THE CHAIR

Title

Substitute motion relating to a 60 day suspension of the Class "B" Tavern license of Man F. Zhang, agent for Kiku, LLC, for the premises at 200 West Wisconsin Avenue doing business as "Kiku" in the 4th aldermanic district.

Analysis

This substitute motion imposes a 60 day suspension of the Class "B" Tavern license Man F. Zhang, agent for Kiku, LLC, for the premises at 200 West Wisconsin Avenue doing business as "Kiku" in the 4th aldermanic district.

Body

Whereas, The Licenses Committee received a notarized complaint from the Milwaukee Police Department requesting the revocation of the Class "B" Tavern license of Man F. Zhang, agent for Kiku, LLC, for the premises at 200 West Wisconsin Avenue doing business as "Kiku"; and

Whereas, The Licenses Committee held an evidentiary hearing on July 7, 2015; and

Whereas, After considering the police report and police testimony, the Committee found that enough evidence existed to justify a 60 day suspension of the Class "B" Tavern license of Man F. Zhang, agent for Kiku, LLC, for the premises at 200 West Wisconsin Avenue doing business as "Kiku"; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that the Class "B" Tavern license of Man F. Zhang, agent for Kiku, LLC, for the premises at 200 West Wisconsin Avenue doing business as "Kiku" be suspended for 60 days.

Drafter

CC-CC

Jessica Celella

6/17/15