|
230409
| 0 | 1. | Motion | Motion relating to the recommendations of the Licenses Committee relating to licenses.
Minutes note: 01 JABBAR, Nael N, Agent for "HOT SPOT SUPERMARKET, LLC", Class A Malt & Class A Liquor and Food Dealer License Renewal Applications for "I SHOP SUPERMARKET" at 2643 W ATKINSON Av.
The applicant was present along with Atty. Samantha Baker who started to make questions to his client after the police report was read. Mr. Jabbar said that this is his family’s business since 1982, that he has managed it since the early 2000, that it is the family’s means of income, that he has 2 security guards from 8am to 9pm/7 days a week. He also said that one of the guards (Mr. Carter) is here, that they are armed and that the security guards are trained to ask people to leave if they are standing outside and if that they refuse, they must call the police.
Mr. Jabbar answered Atty. Baker’s questions as follows:
Item. 26. He said that they called and that they were cooperative with MPD.
Item. 27. He does not recall who called but that it is a protocol to call MPD.
Item. 28. He explained that this guy came in the store yelling and screaming and started shooting. He also said that the guard was there and that they have emergency buttons around the store and that the police came and they were cooperative.
Item 29. He said that for the employees’ safety, he has indicated them not to identify themselves when calling to the police.
Item 30. He said that they called the police and paramedics, that the person was outside and that they saw him lying on the floor through the surveillance cameras.
Atty. Samantha asked if she could call the police officers involved in the calls for service listed on the police report.
Ald. Borkowski said that none of these incidences are defendable, that he is not willing to hear the police officers (who he respects) for this kind of stuff. He added that there are 8 significant incidences and that it is insulting to this committee and the community to defend each of the incidences because none of these behaviors should be tolerated.
Ald. Pratt said that she wants to hear from the police officers.
Atty. Baker called Officer Nicholas Kropp.
Officer Kropp said that he recalls the item 27 incident involving a drug deal complaint, that they received the description of one person (from one of the employees), that they conducted the stop, that they were able to arrest the suspect, that they recovered the firearm and the drugs brought in by the suspect. He added that the staff is always cooperative, that the store is clean on the many times that he has been there. He added that he has 11 years assigned to the district and that he does not have a problem with the store. Officer Kropp said that the store is located on one of the most crime-plagued areas in the district and that this store is an asset to the community.
Ald. Coggs asked Officer Kropp is he or other officer reviewed the surveillance video prior their arrival.
Officer Kropp said that he did and that they obtained a significant amount of the video while the call was occurring and that it was submitted as evidence against the person arrested.
Ald. Borkowski asked Officer Kropp is he is fine with this store.
Officer Kropp said that he is fine with it.
Ald. Borkowski asked Officer Kropp how does he feel if we ask this business move to his neighborhood.
Officer Kropp said that he will happy with them in his neighborhood.
Ald. Borkowski asked Officer Kropp where he lives.
Officer Kropp said that he lives in Caledonia.
Ald. Borkowski said that he does not have any further questions.
Officer Stephen Colwell was called.
Atty. Baker asked him if he recalls item 28.
Officer Colwell said that he recalls the incident, that he was at the scene from the beginning to the end, that the store was cooperative with the investigation, that he has been 4 years in the district, that he had other contacts with the store/agent, that he does license/premises checks, advice businesses with recommendations and do follow ups with the Community Partnership Unit. He added that the business complies with the recommendations that have been made.
Ald. Pratt asked Officer Colwell how often he has been able to go out this business as part of the License Investigation Unit.
Officer Colwell said that very minimal.
Ald. Borkowski asked Officer Colwell if he does have a problem with this business.
Officer Colwell said that they the measures that they are taken are measures that he would have taken as well.
Ald. Borkowski said that there are 8 significant incidences in one year and a half and that he does not know in what world is going to be acceptable and asked him if he would like to have this business in his neighborhood.
Officer Coldwell said that he does like the business like itself not the area.
Ald. Borkowski asked Officer Colwell where he lives
Officer Colwell said that he lives in Butler.
Ald. Borkowski said that he has no further questions and that he sees a pattern in here.
Ald. Coggs said for the record that the police officers were subpoenaed to be here which is different from having neighbors in support or against the business.
Atty. Baker called Captain Sheronda Grant.
Atty. Baker asked Captain Grant if she recalls item 28.
Captain Grant said that she recalls the shooting that happened inside the establishment, that this incident and another incidences happening in the area made her to call for a meeting where the applicant was present and cooperative. She added that she recommended the applicant to call MPD regarding any illegal activity like drug deals, individuals who have firearms and when the applicant and/or staff may know people that are in possession of firearms illegally. She said that she has not reviewed their CAT system yet but that she pulled out a report with about 10 contacts with the police made by the employees of the store reporting drug deals and loitering.
Ald. Pratt asked Captain Grant if she believes that the things that happen around the store would have happened if the store would not been there.
Sargent Grant said that she believes that some of the crimes would not happen if the store would not be there but that there is a gas station down the block where individuals gather as well. She added that they are aware of the gambling and illegal activities on the street, that there are good people living in the neighborhood but also there are people taking advantage of the neighborhood.
Ald. Borkowski said the whole residency rule has changed and that he thinks that nonresidents have much of stake in the community and asked Captain Grant where she lives.
Captain Grant said that she lives in the city of Milwaukee.
Atty. Baker called Office Nora Burlo.
Atty. Baker asked questions regarding item 29.
Officer Burlo said that she recalls the incident and that they were informed about the individual conducting hand-to-hand drug sales inside the store prior their arrival, that they saw the individual and detained him. She added that the staff was cooperative and that they were provided with the surveillance video, which was used for further investigation against that suspect. She said that she has been 5 years in the district and that she currently leaves in Greenfield. She added that she has talked to neighbors and that they think that this store is an asset to their community.
Atty. Baker called Officer James Terrel
Officer Terrel said that he is Officer Burlo’s partner and that he was also responding to item 29 and that he believes that it was an employee who called. He said that he recently moved to Franklin, that he has been in the district for 5 years and that the owner and employees are very cooperative each time. He also said that neighbors said that this store is a necessity for the neighborhood.
Atty. Baker indicated that it would be all in regards of the subpoenaed police officers.
Atty. Farris asked Atty. Bakers if the police officers are no longer needed.
Atty. Baker said that they can be dismissed.
Individuals in objection:
Vince Tony – 2721 W Roosevelt Dr – he said that the city is notifying empty properties and properties that have a lot of turn around due evictions.
Mr. Cooney said that by ordinance, the City must notify neighbors within 250 feet radius regardless if the house is vacant or not. He added that people interested in a specific business and if they do not live in the area, they can file an objection with the License Division, sign in with e-notify and that people who do not have access to the internet, they can call to the License Division at 414-286-2238.
Mr. Tony said that he is the captain block and he went out on Sunday to knock doors inviting neighbors for a meeting that was held on Monday and for this meeting as well because he does not think that their voices are being heard. He added that at the 2017 license committee hearing, the previous alderman said that the license should be revoked and to give the community at least, a year to breathe.
Atty. Baker said that she would object to the line in reference to 2017.
Atty. Harris said that it is a valid objection because the witness cannot rely on what was said by other people who are not here today.
Ald. Coggs that she agrees with what Atty. Farris just said but that she wants to point out that Atty. Baker made direct questions to the police officers where the responses relay on what others said and that they are not here today either and that it is interesting that the objection is raised for the objector’s testimony.
Ald. Coggs asked Mr. Tony to talk about the current year only.
Mr. Tony said that responding to Ald. Borkowski’s question to the police officers, he does not want a business like this in his community, that he lives in the area, that single mothers and elderly people live in his neighborhood and that they are afraid to go outside. He said that he moved the annual cook out block party from the park to an indoor location because he does not want to be responsible if something happen to his neighbors. He added that he has nothing against the applicant, that he has worked with the applicant in the past and that he wants to work with everybody in order to enhance the quality of lives in their neighborhoods.
Ald. Pratt asked the witness how he determines that the threat comes from this business.
Mr. Tony said that just with the traffic and that, she could have a ride to see it by herself and that he has military training to perceive a threat.
Atty. Baker asked Mr. Tony if he prepared a flyer with the meetings on it.
Mr. Tony said that he did, that the applicant and his attorney attended the meeting and that some of the neighbors were able to express their concerns and that the neighbors who attended the meeting on Tuesday knew about today’s meeting as well.
Ruben Anderson – he said that he is a resident and that he lives close to this business – he said Wanda Harris asked him to look at this business, that there is one man who wants to speak to the committee but that he is fearful to provide his testimony. He added that the information coming from this person is very damaging. He said that the applicant comes out as a very respectful business owner and that there is very dark world after doing the investigation. He added that he can bring these people in to talk and that they do not mind having the applicant’s attorney present but that the applicant cannot be there because he knows who they are.
Ald. Coggs asked Atty. Farris if it is possible to have a way or a closed session without the applicant being present and with his attorney present.
Atty. Farris said that we are a public body, that applicant and his attorney must be present, and that they would have to verify that the safety issue is genuine in order to do something in private.
Mr. Andersons aid that he heard what the attorney said and that he is concerned about these individuals’ safety. He added that we have a problem with this business that must be fixed and that if it is not fixed, we would have to blame ourselves for not doing it. He also said that his aunt lives around the corner and that she does not come outside anymore. He added that the problem is the business, that he has watched the videos that were submitted and that the person who took the video was gunned down on the street and that he is afraid of coming forward.
Ald. Borkowski said that stakes have gone higher for this committee after Mr. Anderson’s testimony which is a public record now because of a threat of some harm has been publicly stated and that he does not know how farther the committee can proceed without some guidance. He added that they are responsible people, that this changes the dynamics, that this is about a person not a business and what if something happens to somebody.
Ald. Coggs asked Atty. Farris and Ald. Pratt do they want to proceed.
Atty. Farris asked Mr. Cooney when did the license division started to receive complaints about the safety issues.
Mr. Cooney said that it was this morning.
Atty. Farris said that Mr. Anderson said that there were other people willing to testify if we ensure their safety and anonymity. He added that they could look for a way to do it as long as it is kept confidential in the city’s record.
Mr. Cooney said that is no requirement for providing address on chapter 85, 90 and 125 of the statutes.
Atty. Baker said that those two individuals could have talked to Ald. Pratt in confidential rather than coming in here in public, that those objections could have been taken under advice, and that the alderwoman would have made a recommendation to the committee.
Ald. Coggs said that this suggestion would not be taken into consideration because the witnesses still need to be cross examinated,
Ald. Brostoff said that we need to dig a little more due the nature of this situation and not to jeopardize the people’s safety.
Ald. Coggs said that we have held this application once and that we should here from the rest of the people who is here to testify.
Ald. Pratt agreed.
Debra A Jenkins Simmons– 4326 N 42nd St – said that this business is an infected sore, that the houses around are decaying with no economic development and people looking for drugs. She said that this store is known as the “supplier”, that the quest card is used to buy single cigarettes, beer and marihuana and that she personally knows someone who was shot in the back of the store and that the store sis not turn the surveillance video in.
Atty. Baker asked Ms. Jenkins asked her if she has been in the store.
Ms. Jenkins said that not recently and that there is no economic development because of this business and the corruption area. She added that she was driving around for her own benefit and that 2 people came out from the milk crates on the side of the store asking her what does she needed because she stood there for so long. She said that she does not have a quest card and that she has heard people saying that they can buy cigarettes, beer and marihuana and that she does not have direct proof of the prostitution but that if the committee allows these people to testify, the committee will get live proof of what it has been said.
Individuals in support:
Devlin Smith – 4201 N 27th St - Uniting Garden Homes – said that the applicant is always willing to assist the community, that he always listens and that he is very diligent when he is made aware of something.
Ald. Pratt asked if she goes to the store.
Ms. Smith said that she goes quite often, that she interacts with the neighbors around the store as well and that she is very active in the area. She added that the most recent event was held on June 16, that they gave away hot dogs and hamburgers and that they are working in rebuilding the area. She added that he wants to be part of the solution.
Melissa Sucharew – 902B S 26th St – said that she lost her wallet with $750 cash last month and that the applicant returned to wallet to her with everything in it. She added that the applicant is from a good nature and that there is people from different nationalities working there.
Ald. Pratt asked if she lives in the area.
Ms. Sucharew said that she used to live in the area and that the store was an asset to her (responding to Atty. Baker’s question too).
Latisha Cheirs – 4339 N 27th St – said that the problem it is not the store but the people around the store. She said that the store always helps/gives back to the community. She said that she relies on this store and that she would need to travel all the way to Capitol Dr. to shop for her basic needs and that she does not drive.
Ms K - 3716 N 17th St – said that the applicant has helped her a lot, that she lost her job, that she is a single mom with an autistic son, and that it will hurt the community if this store is closed.
Martha Raymond – 4384 N 27th St – said that she has lived there since 1991, that the problem is not with the store and that she knows it because she has lived there long enough to know who lives there. She said that she is out constantly, and that the applicant has risked his life many times reporting issues to the police and that she has rescued him a lot of times (taking guns away from people). She added that the drug deals are done outside. She also said that families must take care of their own children, be responsible. She added that is not the alcohol sold there but the drugs sold around the store.
Felicia Ferguson – 442 N 35th St – said that she works actively with District 5 and that the applicant always cooperates. She said that Garden Homes and Hot Spot get along together and get things done. She said that she was a person standing outside of a store 13 years ago. She also said that she is college educated now, that she talks to people, that she works for the community, that this business has helped her a lot and that the business reaches out to the community.
Royce Carter – employee /safety guard - 5479 N 53rd St – he was employed since 2016, that he came up with a plan to walk people away from the store. He added that many people carry guns because the state allows it and that not everybody is good with guns. He said that he makes sure to go home as well. He added that there are many loopholes to get people out and that they cannot kick people out right away. He also said that Ms. Raymond is everyday helping the owner getting people away from the store and from the park. Mr. Carter suggested closing the one way down because people stay there even after the businesses closes. He also said that the surveillance cameras pick up after the one way down.
Atty. Baker asked Mr. Carter about the security measures implemented at the store.
Mr. Carter said that he let people to hang out around for 30 minutes or so and that if they are not shopping they are asked to leave and after two strikes, they are out. He added that there are signs posted not allowing to carry guns, not to eat and smoke inside the store, that there is a No Standing Rule signs and enforced outside, that he monitors the 64 surveillance cameras and that there is light outside.
Ms. Bridges – 4067 N 15th St – said that she has three years working at the store and that she cares about the children in the area.
Ald. Pratt requested to play the videos on the record.
Ald. Coggs asked the applicant if they receive the videos.
Atty. Baker said that they did but that they would object to them because they do not know who submitted them and who took the videos.
The meeting paused at 12:29 pm
The meeting reconvened at 12:50 pm
Mr. Cooney played the videos.
Atty. Baker said that there is lack of foundation.
Ald. Coggs asked Mr. Cooney how the video was received.
Mr. Cooney said that it was attached to an e-mail dated January 20, 2023.
Ald. Pratt said that she sees a person smoking and doing a transaction at the same time.
The applicant said that the person is vaping not smoking and that for him is not the same because he personally vapes but that he will post signs for not vaping as well.
The second video was played.
Atty. Baker objected to the second video as well.
Ald. Coggs asked Mr. Cooney how the video was received.
Mr. Cooney said that it was attached to the same e-mail.
The applicant said that it is not his store because he does not have chairs or stools at the store.
Ald. Coggs said that she would accept the objection to the second video.
Ald. Pratt said that the she gets constant complaints about the loitering around the store and that she does not know the activity in the area prior getting the license. She said that she is concerned about how to move forward because she really does not know what the abatement plan is to stop the current behaviors.
The applicant said that it is very difficult to get a restraining order for individuals just standing outside. He added that it is his problem but it is also the community problem. He said that is not him selling alcohol, he said that there is a lot of people that make the way out selling drugs and that it has nothing to do with him. He also said that he is willing to do what it takes to improve and that it is time to put the hammer down and that enough is enough.
Ald. Coggs said that she was waiting to see an abatement plan here or prior the meeting.
Ald. Pratt moved renewal with a fifteen (15) day suspension of the Class A Malt & Class A Liquor license based upon the preponderance of the evidence in the police report that demonstrates the operation results in a threat to health, safety or welfare of the public and renewal of the Food Dealer license. (Prevailed 4-1)
| AMENDED | Pass | 4:1 |
Roll call
|
Video
|