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File #: 160503    Version:
Type: Motion Status: Passed
File created: 7/26/2016 In control: COMMON COUNCIL
On agenda: Final action: 9/20/2016
Effective date:    
Title: Substitute motion revoking the Class "A" Fermented Malt Beverage Retailer, Food Dealer Retail, and Cigarette and Tobacco licenses of Varinder Singh, agent for JJ Food & Beer Inc for the premises at 3100 North 27th Street doing business as "All Star Food" in the 7th aldermanic district.
Sponsors: THE CHAIR
Indexes: LICENSES
Attachments: 1. Post-Council Letters, 2. Recommendation & Findings, 3. Post-Committee letters, 4. Summons & Complaint
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
9/20/20161 COMMON COUNCIL APPROVED

Minutes note: The question was put: Have the members of the Common Council read the report and recommendations of the Licenses Committee and the exceptions filed under this matter? All members of the Common Council indicated reading the report and recommendations of the Licenses Committee and the exceptions filed under this matter. The question was put: Are there any motions relative to this matter? Hearing no motions, a vote of those Council members present to approve the recommendations of the Licenses Committee was called.
Pass15:0 Action details Meeting details Video Video
9/6/20161 LICENSES COMMITTEE RECOMMENDED FOR APPROVAL

Minutes note: Mr. Singh stated he was unaware of what was happening in the basement because he was in India. He stated his employee was also unaware of how the people got into the basement. He stated he hired an exterminator and was told everything was under control. He has called other exterminator companies about the rodent problem. He apologized for what happened because he was in India for 2 months and the incidents occured while he was away. He stated he knew one of the employees for 4 months, and another employee for 2 months prior to allowing them to run his business while he was in India. He stated he fired the employee who let the people in the basement. He stated he goes outside and tells the people loitering he will call the police and then they leave. He stated he and his employees clean outside every 2 hours. He stated he will contract with an armed security company. Appearing with the licensee: Atty. Andrew Arena stated he sexual assault is being handled in court. He does not believe there is a collusive arrangement occuring. He stated it is not fair to say the location is unfit and the police should be issuing loitering citations. Appearing on behalf of the City: Assistant City Attorney Nick DeSiato stated there is a history of criminal activity including 16 citations, which is an ongoing problem, the seriousness of the issues including the sexual assault, the shootings, the collusive operation, and the people who believe that can behave in any way at this store. This will continue to be a problem and it is an unfit location for a convenience store. Heather Hough, City Attorney's Office Cpt. Timothy Heier stated he has been at District 5 since 2016. He stated that his officers have been at the store over 80 times. There was a shooting on August 23rd where an employee was shot, but nothing was taken. He added that the victim/employee told him that the first task that day was to check for mouse droppings. He is concerned about the number of health code violations and the suspensions. There were 359 calls for service since 2014, 80 from this year alone. The intersection of N. 27th St and W. Burleigh St is an area of drug trafficking, prostitution, dangerous driving, and loitering. The problems have not changed even with three different operators. He believes the residents need a break from the criminal activity occuring in the area. PO Christine Rutherford stated she lead an investigation into a trafficking victim who was being used for prostitution at All Star Foods. The investigation revealed that the 14 year old victim performed oral sex on Layith Sadeq and Jovonta Martin. There was a restraining order against Mr. Martin prohibiting him from being at All Star Food. Layith Sadeq reached out to the victim on Facebook. PO Penny Brown stated she conducted a licensed premises check and found that the employee did not have the required Class D license, the operator Ali Aldarorah returned and stated he had only be gone a short time. This occurred more than once. Mr. Aldarorah was also convicted of WIC fraud. Claire Evers, Health Department stated the Health Department issued 3 orders to suspend in the last 5 month for rodent infestations. She stated they have not made any sustained changes resulting in the suspensions. PO Edward Ciano stated he has been an officer in District 5 for 12 years and has dealt with problems of prostitution, loitering, and drug dealing. He has been to All Star Food 12 times in the past year and has never seen or met the licensee. He added the neighborhood needs a change and the store is a safehaven for offenders. Ald. Rainey stated infestations of rodents and the sexual assault of a minor are very concerning. He added there are 4 liquor licenses within a 1 block radius and the neighborhood doesn't need it and is in support of the revocation and fitness of location. Present in opposition: Rev James W Brown 3159 N 26th St stated he is against the location because everything that was stated true. He added that they are selling cigarettes and beer to minors. He stated he has been approached by drug dealers and has seen girls being harassed and women being molested by people loitering. Present in support: Marco Freedman 3057 N 26th St stated there are problems in the area and the kids in the area are the problem due to lack of leadership. He stated the store is not the problem. Denisa Curvey 3057A N 26th St stated she goes to the store and doesn't have any problems. She has observed loitering at the store. Emanuel Green 3148 N 24th Pl stated there is loitering everywhere. He added he goes to the store, gets what he needs and goes home. The loitering makes him uncomfortable. Ald. Coggs moved revocation based on unfit location, police and neighborhood testimony, Health Department reports, and the reovcation complaint. (Prevailed 4-0)
Pass4:0 Action details Meeting details Video Video
7/26/20160 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

160503

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute motion revoking the Class "A" Fermented Malt Beverage Retailer, Food Dealer Retail, and Cigarette and Tobacco licenses of Varinder Singh, agent for JJ Food & Beer Inc for the premises at 3100 North 27th Street doing business as "All Star Food" in the 7th aldermanic district.

Analysis

This substitute motion revokes the Class "A" Fermented Malt Beverage Retailer, Food Dealer Retail, and Cigarette and Tobacco licenses of Varinder Singh, agent for JJ Food & Beer Inc for the premises at 3100 North 27th Street doing business as "All Star Food" in the 7th aldermanic district.

Body

Whereas, The Licenses Committee received a notarized complaint from the Milwaukee Police Department requesting the revocation of the Class "A" Fermented Malt Beverage Retailer, Food Dealer Retail, and Cigarette and Tobacco licenses of Varinder Singh, agent for JJ Food & Beer Inc for the premises at 3100 North 27th Street doing business as "All Star Food"; and

 

Whereas, The Licenses Committee held an evidentiary hearing on September 6, 2016; and

 

Whereas, After considering the revocation complaint, police and neighborhood testimony, Health Department reports, and fitness of location, the Committee found that enough evidence existed to justify revocation of the  Class "A" Fermented Malt Beverage Retailer, Food Dealer Retail, and Cigarette and Tobacco licenses of Varinder Singh, agent for JJ Food & Beer Inc for the premises at 3100 North 27th Street doing business as "All Star Food"; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the Class "A" Fermented Malt Beverage Retailer, Food Dealer Retail, and Cigarette and Tobacco licenses of Varinder Singh, agent for JJ Food & Beer Inc for the premises at 3100 North 27th Street doing business as "All Star Food" be revoked.

 

Requestor

 

Drafter

CC-CC

Molly Kuether

09/14/2016