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File #:
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160154
Version:
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Type:
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Motion
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Status:
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Passed
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On agenda:
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Final action:
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6/14/2016
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Title:
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Substitute motion suspending the Class "B" Tavern, Food Dealer, and Public Entertainment licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s" in the 12th aldermanic district.
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| 6/14/2016 | 1 |
COMMON COUNCIL
| APPROVED
Minutes note: Ninety (90) day suspension, based upon the police report, and police and applicant testimony of the Class B Tavern, Food Dealer, and Public Entertainment Premises licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s" in the 12th aldermanic district. (written objections have been filed)
John Urban
Atty. David Halbrooks on behalf of Mr. Urban
Assistant City Atty. La Keisha Butler
Ald. Perez, not withstanding committee's recommendation, moved to revoke Class B Tavern, Food Dealer, and Public Entertainment Premises licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 south 1st Street doing business as "Texas J's" in the 12th aldermanic disctrict.
Moton failed 6 ayes 9 noes
Ald.Rainey moved to return item back to License Committee. Ald. Rainey differed back to
committees recommendations
| Pass | 14:1 |
Action details
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Meeting details
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Not available
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| 5/31/2016 | 1 |
LICENSES COMMITTEE
| RECOMMENDED FOR APPROVAL
Minutes note: Revocation of the Class "B" Tavern, Food Dealer, and Public Entertainment Premises licenses of John Urban, agent for Le Cabaret, Inc., for the premises at 813 South 1st Street doing business as "Texas J’s" in the 12th aldermanic district.
Individuals present:
John Urban, Licensee
Atty. Michael Whitcomb stated he had little notice and time to prepare for the hearing and request dismissal based on due process and insuffient evidence. ACA Nick DeSiato stated the basis of the revocation is the collusive lie that has occurred between the licensee and the employees. He added that this is not a case of progressive punishment given the severity of the case.
PO Julian Nunez stated he responded to a battery complaint at the premises on April 2nd, 2016 and attemped to obtain a copy of the surveillance video.
PO Andrew Gollup stated he responded with PO Nunez to a battery complaint and attempted to obtain a copy of the surveillance video.
PO Aaron Frantal stated he executed a search warrant for video surveillance at the premises. While executiing the search warrant he observed a room with 2 beds and a condom wrapper.
PO Kevin Vodicka stated he is assigned to the Community Prosecution Unit at Distict 2.
Elizabeth Aubin 3451A S Burrell St is the girlfriend of Jeremy Calteux's roommate. She stated Calteux was unable to speak, walk on his own, had a welt on the back of his head, and was very pale. She contacted the premises via Facebook to find out what had occurred.
Ryan Urban employee of Texas J's stated he responded to the Facebook message from Elizabeth Aubin. He was also involved in the altercation. He has been the general manager for 7 years and son of the licensee. He stated that Calteux's friends asked that the police not be called.
Jeremy Calteux, 3127A S Logan Ave stated he was patronizing the bar and has no recollection of being at the premises. He stated he was hospitalized for 11 days after being assaulted at the premises. He received 2 skull fractures, a brain hemorage, and now has Bell's Palsy. He also had 3 weeks of physical and speech therapy.
Ald. Coggs moved to enter into the record the photos presented by Atty. DeSiato as exhibit D. (Prevailed 3-0)
Ald. Rainey moved to enter into the record the search warrant and photo of the premises as exhibit #1-2. (Prevailed 3-0)
Cpt Wurth stated she objects to the premises based on the deceit and lack of cooperation by employees, the nature of the incident that occurred. The inability to obtain the remaining video surveillance is problematic. The police were never contacted regarding the incident.
Det Gary Cole investigated the battery at the premises at the employees were cooperative, however he spoke with the employees days later.
Ald. Lewis moved to enter into the record the timeline of events and still shots provided by Atty. Whitcomb as exhibit #3. (Prevailed 4-0)
Ald. Perez stated there have been lots of incidents with establishments in the area who contact his office, however the only person to contact him regarding this incident was the property owner, not the agent or manager. He is concerned about the manner this incident was handled, without medical attention and lack of communication with the police and his office. He does not support this establishment.
Atty. DeSiato stated this is about a very violent event that could have resulted in a death. The agreement was collusive between employees to come up with a story to tell the police. All video surveillance still has yet to be received by the police from the incident. He requests revocation.
Atty. Whitcomb stated is it impossible to determine what exactly happened based on the video and who was drunk and who was not. There is no cover up, but a misunderstanding of the questions by the police officers. The victim's friends did not offer him medical attention, so the employees should not be liable.
There has been no discipline in the history of the establishment except for a warning letter last year. He requests dismissal.
Ald. Zielinski stated the premises should have contacted the police. He added that the business has been around for over 40 years and 21 years with this operator. Ald. Coggs stated the video is very disturbing and she has not heard any discussion regarding changes at the premises as a result of this incident. Ald. Zielinski moved for a 90 day suspension based on the police report, police testimony, and applicant testimony. (Prevailed 4-0) | Pass | 4:0 |
Roll call
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Meeting details
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Video
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| 5/24/2016 | 0 |
COMMON COUNCIL
| ASSIGNED TO | | |
Action details
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Meeting details
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Not available
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Number
160154
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute motion suspending the Class "B" Tavern, Food Dealer, and Public Entertainment licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s" in the 12th aldermanic district.
Analysis
This substitute motion suspends the Class "B" Tavern, Food Dealer, and Public Entertainment licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s" in the 12th aldermanic district.
Body
Whereas, The Licenses Committee received a notarized complaint from the Milwaukee Police Department requesting the revocation of the Class "B" Tavern, Food Dealer, and Public Entertainment licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s"; and
Whereas, The Licenses Committee held an evidentiary hearing on May 31, 2016; and
Whereas, After considering the police report, and police and applicant testimony, the Committee found that enough evidence existed to justify a 90 day suspension of the Class "B" Tavern, Food Dealer, and Public Entertainment licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s"; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Class "B" Tavern, Food Dealer, and Public Entertainment licenses of John Urban, agent for Le Cabaret, Inc. for the premises at 813 South 1st Street doing business as "Texas J’s" be suspended for 90 days.
Requestor
Drafter
CC-CC
Molly Kuether
06/03/2016
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