City of Milwaukee - File #: 171034

• File #: 171034
• Version: 1
• Type: Motion
• Status: Passed
• File created: 10/17/2017
• In control: COMMON COUNCIL
• Final action: 11/28/2017
• Title: Substitute motion revoking the Cigarette and Tobacco license of Daniel Perry, agent for V&D LLC for the premises at 3520 W Villard Avenue doing business as "Villard Ave Tobacco" in the 1st aldermanic district.
• Sponsors: THE CHAIR
• Indexes: LICENSE REVOCATION, SMOKING

Date	Ver.	Action By	Action	Result	Tally
11/28/2017	1	COMMON COUNCIL	APPROVED	Pass	14:0
11/13/2017	0	LICENSES COMMITTEE	RECOMMENDED FOR APPROVAL; Minutes note: ACA Patrick Leigl, City Attorney's Office stated that the revocation was requested because of continuing violations in relation to the tobacco laws and regulations. He submitted proof of service to the applicant. Individual also present: Samuel Coleman, 1st District Staff Assistant, stated that Pres. Hamilton is disappointed in hearing that the premise continues to be in violation. Ald. Johnson moved to enter into the record the proof of service to the applicant. (Prevailed 4-0) Ald. Johnson moved revocation based on the the facts found in the sworn complaint. (Prevailed 4-0) Ald. Johnson moved to reconsider. (Prevailed 4-0) Ald. Johnson moved to accept the complaint. (Prevailed 4-0) Ald. Johnson moved revocation based on the facts found in the sworn complaint. (Prevailed 4-0)	Pass	4:0
10/24/2017	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearing on behalf of the City of Milwaukee Police Department, District 4: ACA Patrick Leigl, City Attorney's Office, stated that the applicant was notified of the hearing by mail to his home, the store, and personal service to the applicant. He stated that the complaint includes repeated sales of single cigarettes, sales to underage patrons, sales without a seller's permit, and sale of untaxed and/or unstamped tobacco products. He stated that the property owner has not responded to requests to abate the nuisance. He stated that the law was enacted in May of 2016 and he defers to licensing or the police to speak on known previous tobacco related revocations. He stated that the premises have approximately fifteen violations on record to date. Individual also present: Samuel Coleman, 1st District Staff Assistant, stated that Ald. Hamilton has been in communication with Ms. Perry and the consultant. He stated that Ald. Hamilton's concerns are with the number of violations without rectification and wished the commitment to rectify came before the complaint progressed to revocation. He stated that Ald. Hamilton leaves the decision at the discretion of the Committee. Individuals present in support: Thomas Dienhart 3519 W Villard Ave stated that he witnessed illegal sale of single cigarettes. Georgeanne King WI Dept of Revenue 819 N 6th St stated that she has confiscated untaxed cigarettes from the establishment four times in the last three years and based on that, the business is considered noncompliant. PO Tracey Geniesse stated that she has reached out to the applicant about the single sale of cigarettes by sending nuisance letters, with no response from the business. The police made several undercover buys of single cigarettes. She stated the nuisance letters were sent to the applicant's last known address and to the premises. Individual present in opposition: Jason Jones stated that the applicant has been incarcerated for the last 2 years and never received nuisance letters. He stated that there have never been any shootings or robberies in front of the premises and stated there are no neighbors present in support of the revocation. He stated that a fine was paid, but no program to correct the issue was offered by the police. Jeanetta Perry 3057 N 44th St stated that the is her son and is not able to appear. She stated that he should be allowed time to obtain an attorney. She stated that letters were sent to the store and he should have the opportunity to defend himself or obtain an attorney. Ms. Perry stated that her son has served approximately half of his sentence. She stated that a consultant was hired to assist with operating the business and she's taking business management classes. Ald. Rainey asked how many tobacco revocations occurred since the enacting of the State Law. He asked Ms. Perry about her son's release time. Ald. Johnson asked Ms. Perry how her son will manage the business properly during incarceration. He asked if the MARTS program was offered to correct the issue. Ald. Bohl stated that the Committee can hold or move forward with the revocation. He stated that her son should assign an agent for the premises to handle the business in his absence. He stated that it's the responsibility of the licensee to understand the law and regulations of licenses. He explained that another notice will be mailed and it's the licensee's responsibility to seek representation before the appearance. Jessica Celella, License Division Manager, stated that there were approximately three or four tobacco related revocations to date. Sgt. Raden stated that he recalls at least two tobacco related revocations that he can reference. Ald. Rainey moved to Hold to the Call of the Chair to allow the applicant time to seek representation. (Prevailed 2-1, Ald. Bohl voting no)	Pass	2:1
10/17/2017	0	COMMON COUNCIL	ASSIGNED TO

Number

171034

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

Substitute motion revoking the Cigarette and Tobacco license of Daniel Perry, agent for V&D LLC for the premises at 3520 W Villard Avenue doing business as "Villard Ave Tobacco" in the 1^st aldermanic district.

Analysis

This substitute motion revokes the Cigarette and Tobacco license of Daniel Perry, agent for V&D LLC for the premises at 3520 W Villard Avenue doing business as "Villard Ave Tobacco" in the 1^st aldermanic district.

Body

Whereas, The Licenses Committee received a notarized complaint from the Milwaukee Police Department requesting the revocation of the Cigarette and Tobacco license of Daniel Perry, agent for V&D LLC for the premises at 3520 W Villard Avenue doing business as "Villard Ave Tobacco" on October 16,2017; and

Whereas, The Licenses Committee held an evidentiary hearing concerning this matter on November 13, 2017; and

Whereas, After accepting the revocation complaint as true, the Committee found that enough evidence existed to justify revocation of the Cigarette and Tobacco license of Daniel Perry, agent for V&D LLC for the premises at 3520 W Villard Avenue doing business as "Villard Ave Tobacco"; now, therefore, it is

Moved, By the Common Council of the City of Milwaukee, that the Cigarette and Tobacco license of Daniel Perry, agent for V&D LLC for the premises at 3520 W Villard Avenue doing business as "Villard Ave Tobacco" is revoked.

Requestor

Drafter

CC-CC

Yashica Byrd

11/20/17