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221335
| 0 | 1. | Motion | Motion relating to the recommendations of the Licenses Committee relative to licenses.
Minutes note: 06 HOWARD, Latoya R, Agent for "TWISTERS INN LLC", Class B Tavern and Public Entertainment Premises License Applications Requesting Jukebox, 1 Dart Board, 4 Amusement Machines, Patrons Dancing and 1 Pool Table for "Twisters Inn" at 508 W CENTER St.
The applicant was not present.
Ald. Chambers moved to hold the application to the call of the chair. There were no objections. (Prevailed 5-0)
| HELD TO CALL OF THE CHAIR | Pass | 5:0 |
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221335
| 0 | | Motion | Motion relating to the recommendations of the Licenses Committee relative to licenses.
Minutes note: 06 KELLY, Tanisha, Agent for "Penthouse LLC", Class B Tavern and Public Entertainment Premises License Renewal Applications for "Penthouse Lounge" at 3621 N TEUTONIA Av. (Expired 11/11/2022)
The applicant was present along with Atty. Robert Webb
Atty. Farris said that this is unique position because at the original hearing on October 21st, 2022, Atty. Webb had to leave because we were behind on schedule. The committee recommended nonrenewal of the licenses so the applicant file a restraining order and the judge ordered that the application be returned to committee. He also said that new testimonies are not allowed but that it is up to the committee.
Individuals also present:
Atty. Webb said that they have disputed some charges because no evidence was presented at the hearing. He added they have acknowledged two citations and that they want to amend the original application by not opening Sundays and Mondays, close at 2 am the remaining days.
Ald. Coggs asked if Ms. Kelly is the 100% owner of Penthouse, LLC.
Atty. Webb said that she is and that he was retained by Penthouse, LLC.
Ald. Perez asked Atty. Webb which are the violations then.
Atty. Webb said that food was served form an unknown location and that there was a disc jockey on that night.
Ald. Perez said that from his experience on this committee, they take very seriously when an owner does not understand the rules and regulations of the licenses and that he does not agree that the remedy is closing 2 days.
Sgt. Velasquez said that they pleaded guilty for the 2/16/22 and the 2/22/22 items.
Ald. Perez said that the two citations are six days apart.
Ald. Coggs said that anyone involved with “I don’t know” for the disc jockey part of the public entertainment premises license is not valid because she had a conversation with the applicant and explained her the way she handles those special permits when a new license is granted.
Mr. Cooney clarified that all types of entertainment were removed from the application when the license was approved.
Ald. Coggs said that even if the applicant was not present at the moment, the business has been targeted in social media with promoters offering disc jockey and other types of entertainment and that the applicant should have not allowed that.
Ald. Coggs asked the applicant if she still has the same manager.
The applicant said that she does.
Ald. Coggs said that the cut of days and hours are not the matter but the management which still the same and asked what kind of reassurance they get when nothing has changed.
Atty. Webb said that no Disc Jockey and/or food is found on the premises now and that they are taking responsibility by scarifying revenue.
Ald. Coggs asked the applicant if this business has changed the name or targeted with a different name.
The applicant said that she has changed the name to Rumors.
Ald. Coggs asked Mr. Cooney what the ordinance says about changing the name.
Mr. Cooney said that the change must be filed within 10 days and that no change has been filed.
Ald. Chambers asked Atty. Farris what was the ruling exactly.
Atty. Farris said that judge Ashley’s ruling was because her attorney was not present at the hearing, just concerned about the fairness of the procedure because the attorney did not have a chance to makes his case for his client.
Ald. Chambers asked Atty. Webb if food was not served and that no dancers (strippers) were on the premises.
Atty. Webb said that not to his knowledge.
Ald. Chambers said that he has seen posts of food and dancers advertised by Penthouse Lounge.
Atty. Webb
Ald. Coggs said that Officer Garland found the same food on the upstairs kitchen and on the menu that was on the premises and that Atty. Webb is saying that food was brought from the outside.
Ald. Brostoff said that he understands that the applicant was not present when the violations happened and asked if the applicant is present when taking decisions to advertise.
Atty. Webb said that they took responsibility of the things that occurred at the time of the citations and that the applicant was not directly involved and; that those situations have been corrected going forward and that he talked to his client about changing conduct to avoid questions that are hard to defend.
Ald. Coggs asked Atty. Web what things is he referring to.
Atty. Webb said that those things that are on the notice from October 21, 2022 that were in violation of the license and that what he is arguing is that when people is dying inside the bars, or need to be rushed out of the bar due alcohol poisoning, in comparison as relates to that, their acknowledgement of what those things are on a scale of their own recommendation, those not warrant the non renewal of the licenses.
Ald. Coggs said that this past year we have had a record number of murders and; that murder alone would ever be the threshold for potential non renewals and that we should be thinking preventively. She said that there a million of red flags with bad management that end up one or two years later with murders. She added that if we pay attention to management with red flags early enough, we will get to a place where non renewals are not based on a murder. She sad that people have to be better managers and stewards of their locations and; to provide for the public and local safety of those who visit and work and live around the location. Ald. Coggs said that the hearing was not only about those two citations, that it also had to do with shots being fired, fights and a lot more and the testimonies we heard from the applicant and her staff showed us that the management is horrible.
Ald. Chambers asked the applicant again who handles the promotion of the business.
The applicant said that she has a number of people advertising the business with her authorization.
Ald. Chambers asked again of the business has changed of name.
Atty. Webb said that he has not filed any paper work to change the name.
Ald. Borkowski said that the business has changed the name to Rumors and that it has been advertised like that and; that it can be seen on the page 4 of the file and that they have stated that they have not changed the name at least on the promotions.
Atty. Webb requested the copy of the documents because he said that he is relying on the October 21st, 2022 documents.
Mr. Cooney said that are on the notice sent for this hearing on page 3.
Ald. Coggs said that she has no confidence that this business will be run any better because no abatement plan was presented to the committee addressing the issues of the previous hearing. She added that the applicant missed the mark of the real issue which is the bad management and; that she won’t be supporting the renewal of this application for the quality of life of the people that live around, works and visit the place.
Ald. Coggs asked the applicant and her attorney if they have any further comments or questions for the chair and/or committee.
Atty. Webb said that they don’t have any questions.
Atty. Farris said that following the recommendations from Judge Ashley’s, Ald. Brostoff must abstain because he has not watched the original hearing and; that the recommendation for the Common Council must be either change or reaffirm their November 01, 2022 decision.
Ald. Chambers moved to reaffirm the Common Council's decision from November 1, 2022. There were no objections. (Prevailed 4-0-1)
| AMENDED | Pass | 4:0 |
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221335
| 0 | | Motion | Motion relating to the recommendations of the Licenses Committee relative to licenses.
Minutes note: Ald. Chambers moved approval of the file 221335 as amended. There were no objections. (Prevailed 5-0) | RECOMMENDED FOR APPROVAL | Pass | 5:0 |
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| | 2. | | The Licenses Committee may convene into closed session on Thursday, January 5, 2023 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become involved. | | | |
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