City of Milwaukee - File #: 081329

• File #: 081329
• Version: 1
• Type: Motion
• Status: Passed
• File created: 1/16/2009
• In control: LICENSES COMMITTEE
• Final action: 6/16/2009
• Title: Substitute motion suspending for 60 days the Class “B” Tavern license of Jennie M. Nuell, Agent for Maximum Capacity, LLC, for "All Star Sports Bar" at 4001 W. Fond du Lac Avenue.
• Sponsors: THE CHAIR
• Indexes: ALCOHOL - REGULATION AND LICENSING, LICENSE REVOCATION, TAVERNS

Date	Ver.	Action By	Action	Result	Tally
6/16/2009	1	COMMON COUNCIL	APPROVED	Pass	13:0
6/16/2009	1	COMMON COUNCIL	AMENDED; 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 in this matter? All members present indicated they had done so. The question was put: Is Jennie M. Nuell or her counsel present and, if so, does she wish to address the Council? Ns, Nuell was present by counsel. Ald. Bohl moved that the Common Council resolve itself into a Committee of the Whole for the purpose of taking testimony in this matter. There were no objections. Attorney. Michael Whitcomb appeared and addressed the Common Council. Asst. City Attorney Bruce Schrimpf appeared and addressed the Common Council. Ald. Bohl moved that the Committee of the Whole rise. There was no objection. Ald. Wade moved renewal with a warning letter in lieu of the 60-day suspension recommended by the Committee.	Fail	7:7
6/5/2009	1	CITY CLERK	DRAFT SUBMITTED
5/29/2009	0	LICENSES COMMITTEE	RECOMMENDED FOR APPROVAL; Minutes note: Ald. Zielinski moves to wave the requirement for placing a request for license reinstatement in writing. Ald. Hamilton moves to reconsider the recommendation for a sixty-day suspension. Prevailed 5-0. Ald. Hamilton moves to recommend a sixty-day suspension that would take effect upon ratification of the recommendation by the Common Council with no credit for time served and the return of the license to the licensee in the interim. Prevailed 4-1. (Ald Bohl voting "no")	Pass	4:1
5/29/2009	0	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Applicants at the table. Asst. City Atty. Robin Pederson at the table representing the Chief of Police. Atty. Michael Whitcomb at the table as counsel for both Jennie Nuell and Eddie Nuell. Both revocation files will be heard simultaneously. Atty. Whitcomb went through the complaint and addressed the charges against Ms. Nuell. He says that Ms. Nuell and Mr. Nuell acknowledged that there was obstruction of justice in the incident. Luke O'Day, Detective with the Milwaukee Police Department, at the table. Det. O'Day was a detective that investigated the shooting that occurred at the establishment. Meeting recessed at 10:15 a.m. Meeting reconvened at 10:21 a.m. Atty. Whitcomb says that the police did not have a warrant to take the video from the establishment. Atty. Pederson says that there were exigent circumstances and that the police did not need a warrant. He also said that since this is not a criminal proceeding, the video cannot be suppressed according to the Fourth Amendment. Atty. Whitcomb objects to the video being used because it was unlawfully obtained. He also says that they city attorney's office refused to give him the video to review. Detective O'Day says that because the licensees attempted to hide the video, it was taken, but the video was not viewed by the police until they did obtain a warrant to do so. Atty. Pederson says that the law allows the police to seize the evidence and the police did not go though the rest of the establishment to search. The applicants acknowledge that the video surveillance was concealed from the police, which resulted in the obstruction of justice charges. Detective O'Day says that he came upon the video while he was searching for other people involved in the incident. Ald. Bohl says that he believes that the video is not submissible. Ald. Zielinski says that the video should be shown due to the police obtaining a warrant before they viewed it. Motion by Ald. Zielinski to accept the video evidence as admissible at the hearing. Prevailed 3-2. (Ald. Bohl and Ald. Coggs voting "no") Atty. Pederson says that the video is not working with the projector, so the pertinent parts of the video cannot be viewed. Ald. Zielinski moves to reconsider the previous motion to allow the video evidence as admissible. Prevailed 5-0. Ald. Hamilton moves to accept the video evidence taken on December 14th, 2008 as part of a rejected exhibits file. Prevailed 5-0. Christina Mitchell, citizen witness, 3511 W. Lisbon Ave., appearing. She was at the establishment in January of 2009. She says that she was physically assaulted by management of the establishment, including Eddie Nuell, after she was involved in an argument with another patron. Atty. Pederson says that Ms. Mitchell's testimony is pertaining to item paragraph 29 of the police complaint. Capt. Jessup of the 7th District of the Milwaukee Police Department appearing. He says that the police do not believe that the licensees provide a safe environment for citizens and they also have not cooperated with police after a serious incident at the establishment. He says that the police object to the licensing of the establishment based on these issues. Marcus Nuell, 8135 W. Muriel Place, son of Ms. Nuell and brother of Mr. Nuell, appearing. He says that Ms. Mitchell was getting loud and disrespectful during the incident in January and that she was asked to leave. Mr. Nuell says that Ms. Mitchell refused to leave and there was a physical altercation during which the bouncers were escorting her out. He says that she was not grabbed, punched or hit by management of the establishment. Ald. Coggs asked Marcus Nuell who ripped out the surveillance equipment after the shooting. He says that he does not know. Marcus Nuell says he was at the establishment on the night of the shooting and flagged down the police after the fight that preceded the shooting. Ms. Mitchell says that she went to the hospital the night of the altercation and took pictures the next day. She also says that the District Attorney did not say that she had a strong enough case against the licensees because she did not have any broken bones. Ald. Zielinski moves to make the pictures of bruises submitted by Ms. Mitchell part of the record. Prevailed 5-0. (Exhibit 1) Eddie Nuell says that she tried to tried to physically escort Ms. Mitchell out and there was an altercation because she refused to leave. Mr. Nuell also says that he removed the security equipment after the shooting and he says he had no reason for removing it. He also says that he was not aware, when he removed the surveillance equipment, that anyone connected to the establishment was involved in the shooting. Mr. Nuell also admits that he accepted a gun from an employee of the bar, but that he took it without knowing what had occurred. Tonja Richardson, 215 W. Hadley St., appearing. She was working at the establishment during the incident with Ms. Mitchell and says that Ms. Mitchell was disruptive before the altercation with security. Ms. Richardson says that she didn't see anyone punch or kick Ms. Mitchell. Atty. Pederson says that the police department believes that the charges against the licensees are valid and that the establishment is a detriment to the health, safety and welfare of the neighborhood. Atty. Whitcomb says that none of the actions of the licensee was detrimental to the health, safety and welfare of the neighborhood. He also denies the allegations of Ms. Mitchell on behalf of his clients. Ald. Hamilton says that there needs to be major changes in how the establishment is run. Ald. Hamilton moves for a 60-day suspension. Prevailed 4-1. (Ald. Bohl voting "no")	Pass	4:1
5/22/2009	0	LICENSES COMMITTEE	HEARING NOTICES SENT
5/22/2009	0	LICENSES COMMITTEE	HEARING NOTICES SENT
5/11/2009	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Licensee at the table with Atty. Michael Whitcomb as counsel. Robin Pederson, Assistant City Attorney, at the table representing the Milwaukee Police Department. Atty. Whitcomb says that he would prefer that the complaints against both the Class "B" licensee and the bar manager be considered at the same time. Ald. Bohl agreed. Atty. Whitcomb says that he does not believe that the police department needs to present evidence and witnesses unless it disputes the facts of the case as they are presented by Atty. Whitcomb on behalf of his clients. Atty. Pederson says that both licensees plead guilty to the charge that had not been heard in court at the time of the previous licenses hearing. Atty. Whitcomb gives a report on the incidents listed in the police complaint. Ald. Zielinski moves to make the sworn charges, license applications, updated police report, summons and hearing notice part of the official record. Prevailed 4-0. (Ald. Coggs excused) Atty. Whitcomb objects to the updated police report being made part of the record since it was not made part of the official charges. Ald. Bohl says that the objection is duly noted. Ald. Kovac moves to make the official criminal complaints filed against Jennie Nuell and Eddue Nuell in Circuit Court filed December 18, 2008 part of the record. Prevailed 4-0. (Ald. Coggs excused) Atty. Pederson says that a video from the licensed premises was not available for the committee. Ald. Kovac says that he believes that the video from the premises is worth seeing and he would like to either to see the video or hear from a police officer that recovered the video since it relates to the licensee's conduct with regard to the charges. Hold to the call of the chair by Ald. Hamilton. Prevailed 5-0. Ald. Bohl says that he wants a briefing, including how much time is needed for the revocation, by the city attorney's office on the witnesses and information that will be presented at committee before the revocation is rescheduled.	Pass	5:0
5/6/2009	0	LICENSES COMMITTEE	HEARING NOTICES SENT
5/6/2009	0	LICENSES COMMITTEE	HEARING NOTICES SENT
3/6/2009	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Atty. Michael Whitcomb at the table representing the licensee. Asst. City Attorney Robin Pederson also at the table. The license holders of both the tavern license and the manager license have charges pending against them in court. Atty. Whitcomb suggests that the matter be adjourned until the criminal charges were heard in criminal court. The license will be surrendered by the licensee until another hearing on revocation is scheduled after charges have been heard in criminal court. Ald. Hamilton moves to hold to the call of the chair. Prevailed 5-0. Ald. Zielinski moves to accept the voluntary surrender of the license pending the outcome of future hearings and revocation proceedings. Prevailed 5-0.	Pass	5:0
2/27/2009	0	LICENSES COMMITTEE	HEARING NOTICES SENT
1/16/2009	0	COMMON COUNCIL	ASSIGNED TO

Number

081329

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

Substitute motion suspending for 60 days the Class “B” Tavern license of Jennie M. Nuell, Agent for Maximum Capacity, LLC, for "All Star Sports Bar" at 4001 W. Fond du Lac Avenue.

...Analysis

This motion suspends for 60 days the Class “B” Tavern license of Jennie M. Nuell, Agent for Maximum Capacity, LLC, for the premises at 4001 W. Fond du Lac Avenue (“All Star Sports Bar”) in the 7th aldermanic district.

Body

Whereas, The Licenses Committee received a notarized complaint from the Chief of Police of the Milwaukee Police Department requesting the revocation of the Class “B” Tavern license for the premises at 4001 W. Fond du Lac Avenue (“All Star Sports Bar”) in the 7th aldermanic district; and

Whereas, The Licenses Committee held evidentiary hearings on March 6,  May 11 and May 29, 2009; and

Whereas, After considering the complaint, witness and police testimony, and the police report, the Committee found that enough evidence existed to justify a 60-day suspension of the Class “B” Tavern license; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that the Class “B” Tavern license for the premises at 4001 W. Fond du Lac Avenue (“All Star Sports Bar”) be suspended for 60 days.

Requestor

Drafter

6/4/09

TB