00001 1 2 CITY OF MILWAUKEE 3 LICENSES COMMITTEE 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 In the Matter of the Class "B" Tavern and Tavern Dance 6 renewal application for: 7 ANTONIOS ANAGNOU EURO CAFE' BAR, LLC 8 324 East Mason Street 9 * * * * * * * * * * * * * * * * * * * * * * * * * * * 10 COMMITTEE MEMBERS 11 ALD. JAMES WITKOWIAK - Chair ALD. JAMES BOHL, JR., - Vice-Chairman 12 ALD. JOSEPH A. DUDZIK ALD. ROBERT PUTENTE 13 ALD. WILLIE WADE 14 LICENSING DIVISION by REBECCA BARRON NEIGHBORHOOD SERVICES by TOM WESSEL 15 HEALTH DEPARTMENT by PAUL ZEMKE POLICE DEPARTMENT by SEARGENT CHET ULICKEY 16 OFFICE OF THE CITY ATTORNEY by ATTORNEY BRUCE SCHRIMPF 17 18 Proceedings had and testimony given in 19 the above-entitled matter, before the LICENSES 20 COMMITTEE OF THE CITY OF MILWAUKEE, on 21 the 13th day of February, 2007. 22 00002 1 P R O C E E D I N G S 2 CHAIRMAN WITKOWIAK: The 4th District. 3 Antonios Anagnou, agent for Euro Cafe' Bar, LLC, 4 Class "B" Tavern and Tavern Dance renewal 5 applications for the Euro Cafe' Bar at 324 East 6 Mason Street. 7 ALDERMAN BAUMAN: No one? 8 ALDERMAN BOHL: I think there is - - 9 THE WITNESS: We're here to object. 10 CHAIRMAN WITKOWIAK: Well, why don't 11 you come forth, and we want to hear your 12 testimony. Let the record show that the 13 applicant has not responded. 14 ALDERMAN BAUMAN: Do you know what the 15 owners look like? I don't know if they were ever 16 here, because I've never met them. 17 MR. SCHRIMPF: Mr. Chairman, can I just 18 put in my spiel? 19 CHAIRMAN WITKOWIAK: Go ahead, please. 20 MR. SCHRIMPF: Thank you. I would ask 21 if notice was sent to the license applicant by 22 United States First Class prepaid mail in an 23 envelope bearing the return address of the 24 License Division on February 1st, 2007? 25 MS. BARRON: Yes, it was. 00003 1 MR. SCHRIMPF: Did the notice include a 2 copy of the police report, as well as the 3 notification as to the neighborhood objections? 4 MS. BARRON: Yes. 5 MR. SCHRIMPF: And was - - was it 6 addressed to the licensee at 1319 North Jackson 7 Street, Apartment 206, Milwaukee 53202? 8 MS. BARRON: Yes, it was. 9 MR. SCHRIMPF: And was that address 10 given by the applicant on their renewal 11 application? 12 MS. BARRON: Yes. 13 MR. SCHRIMPF: And this doesn't show a 14 renewal. 15 ALDERMAN BOHL: It says a location renewal. 16 MS. BARRON: It is a renewal. 17 MR. SCHRIMPF: That's what I thought. 18 CHAIRMAN WITKOWIAK: It is a renewal. 19 Correct? 20 MS. BARRON: Yes. 21 CHAIRMAN WITKOWIAK: Expires on the 22 21st of this month. 23 MR. SCHRIMPF: And was the notice, along 24 with the police report, returned to the License 25 Division by the United States Postal Service? 00004 1 MS. BARRON: No, it was not. 2 MR. SCHRIMPF: That's all I have, Mr. 3 Chairman. 4 CHAIRMAN WITKOWIAK: Would you both 5 raise your right hands? We'll swear you in at 6 the same time. 7 (Whereupon the witnesses were sworn.) 8 CHAIRMAN WITKOWIAK: Your name and 9 address for the record, please. 10 THE WITNESS: My first name is Jodell, 11 J-O-D-E-L-L, last name, Swenson. I'm at 741 12 North Milwaukee Street, #304. My condo is 13 directly across the street from Euro Cafe', on the 14 third floor. Both my living room and my bedroom 15 face north toward the bar. 16 I bought my condo on April 2nd, 2002. 17 Moved in, loved the neighborhood. For the first 18 three plus years that I lived there never 19 regretted buying a property in downtown 20 Milwaukee. And when I moved in, I knew that it 21 was a mixed use neighborhood, and that I would 22 expect to have, you know, some of the 23 inconveniences of living in downtown. But again, 24 for the first three plus years never regretted 25 it. 00005 1 Euro opened in June of 2005, and we 2 immediately had problems with them. The first 3 weekend they were open, they had their front 4 windows open, were playing loud music. I 5 tolerated it until 1:45 in the morning, at which 6 point I called the police. They responded, had 7 Euro close the windows. Less than 12 hours later 8 at 10:45 that evening, I again had to call the 9 police to have Euro close their front windows 10 with the music. We continued to have problems 11 with the music. Eventually, they did start 12 closing the windows when they were playing the 13 music. They had one door in the front. Every 14 time they opened the door we would get blasts of 15 music coming across the street. They have since 16 installed a second exterior door that has helped. 17 But they continue to play the music at levels 18 that are - - can be heard inside the condos 19 across the street with the windows closed and the 20 air conditioner/heater on. And the police did 21 tell me they cited them on August 4th of 2006 for 22 loud music, and I've had several police calls 23 since then, as well, for continuing, ongoing loud 24 music. 25 In addition to the music problems, they 00006 1 seem to have very little interest in crowd 2 control, which impacts both noise levels in the 3 neighborhood, and also, safety concerns for us as 4 residents. I personally witnessed patrons 5 pulling their friends away from Euro in what 6 appeared to be trying to prevent a fight. I've 7 seen drunk people stumbling across the street, 8 leaving Euro, stumbling across the street, 9 standing in the middle of the street yelling, as 10 I've sat out on my balcony trying to enjoy a nice 11 evening. I have actually changed my personal 12 patterns where at night, when I'm walking home 13 alone from somewhere, I no longer walk in front 14 of Euro, because I'm concerned about patrons 15 coming out of that bar. 16 In the time that they've been open, we, 17 individuals, and as an association, have attempted 18 to work with the bar owners, and with the owner 19 of the Colby Abbot building. We've - - The 20 owner of the Colby Abbot building actually met 21 with me and two other owners in - - around April, I 22 think it was, of last year. At that point I gave 23 her a flyer, you know, one of those little bar 24 flyers, of a mostly naked woman advertising a new 25 night that Euro was going to be having a DJ. 00007 1 Those flyers had been all over our neighborhood, 2 covering our sidewalks the Sunday morning. That 3 day I had a friend come up to go to the orchestra 4 with me. I was embarrassed of my neighborhood to 5 see all this stuff all over the sidewalk. I did 6 give that to the owner of the building. She did 7 look appalled. Also, at that point, though, she 8 told us that it was the responsibility of the 9 Milwaukee Police Department to clear patrons from 10 the sidewalk after - - after hours, that it was 11 not the responsibility of the bouncers. For us 12 and our building we feel that the bouncers and 13 the owners of the facility do have a 14 responsibility to clear out patrons in a orderly 15 and ideally quiet manner at bar time. 16 And what am I forgetting? Again, I 17 love my neighborhood. I count Sock It To Me and 18 Que Bonitos as a couple of my favorite restaurants in 19 the City. I was just at the Metro Friday night 20 for a drink. You know, we have wonderful 21 neighbors in the area. Euro has never been a 22 good neighbor, in 20 months has never made an 23 effort to work with us as a neighborhood or to, 24 you know, try to find some solution that worked 25 for both them, as a business, and for us, as 00008 1 residents. And, again, we were there - - I was 2 there three plus years before they moved in, and 3 they've done nothing to make it a desirable 4 neighborhood in which to live. 5 CHAIRMAN WITKOWIAK: Thank you. I have 6 a - - just a question for you to clarify 7 something. You said that even in the summertime 8 with your windows closed and the air conditioner 9 on, you could still hear music? 10 THE WITNESS: That's correct. Before 11 they opened, I could sleep with my windows open. 12 Even with the bars up on Milwaukee Street, I 13 could sleep with my windows open. I can't do 14 that anymore. And even with my windows closed, 15 the air conditioner on, I hear the music. I am 16 on the third floor, but a previous owner with a 17 bedroom on the ninth also heard music. 18 CHAIRMAN WITKOWIAK: Thank you. Any 19 questions of this witness? No. Okay. Sir, your 20 testimony, please. 21 THE WITNESS: Good afternoon. my name 22 is Tony Fortun. My address is 741 North 23 Milwaukee Street, apartment 303. I've been a 24 condo owner since March of 2003, two years prior 25 to Euro opening. I've been a Milwaukeean 00009 1 downtown resident for 20 years. Actually, used 2 to be your neighbor in the Concordia District, so 3 we have a little history there. And I'm also 4 currently employed by Northwestern Mutual. Part 5 of the reason why I bring that up is we have 6 weekend - - weekend and nighttime implementations 7 at my company, and I go in between 11 - - I have 8 gone in between 11 o'clock at night and one 9 o'clock in the morning. And the unruly patrons - 10 - I, as a male, am fearful of my safety at 11 periods of time because of the unruly patrons. 12 I have actually witnessed 30 plus 13 individuals in that - - outside that tavern with 14 the police - - three police cars there, and 15 breaking up fights with patrons. I have also 16 witnessed, personally, incidents where the police, 17 fire department and - - and ambulances have been 18 there, because of some of the fighting that has 19 been going on there. 20 I do agree with all of the testimony by 21 Jodell. I'm concerned about the loud noise from 22 the music. I'm concerned about the unruly 23 patrons. Also, where my condo is, it's within 24 the alley, and there is public urination and 25 other loitering happening out behind the alley in 00010 1 that - - in that block. Concerned about the 2 excessive noise and the vehicles that are outside 3 there. There's a lot of squealing of tires. 4 There's people picking up patrons from the valet 5 service, and the loitering out there does - - The 6 pile-up of the cars in that - - that block, as it 7 is a short block, is somewhat unsafe. Concerned 8 about the litter and the trash. Not only the 9 half nude flyers that are out there, but the 10 other trash that is generated from that bar. Not 11 only from the people coming out of the bar, but 12 the people waiting to go into the bar with their 13 carry-ins. 14 Concerned as a taxpayer. We have a 15 list here of 44 documented situations in the 20 16 months where we have called - - we have called 17 the police, the police have come out. We have 18 been in contact with Captain Haines. Police 19 Chief Nan Haggerty has also intervened in this 20 situation, and I think Alderman Bauman has been 21 the recipient of some of those e-mail 22 correspondences. So as a taxpayer paying close 23 to 7,000 dollars a year here multiplied by the 30 24 condo - - condos in our unit, we're paying a lot 25 of money, and that is a nuisance to our 00011 1 neighborhood. 2 Again, I'm passionate about the revival 3 and the success of downtown. I moved - - I've 4 been downtown for 15 to 20 years. Bars have been 5 on the neighborhood blocks where I've lived, but 6 Euro is a nuisance to the neighborhood. 7 CHAIRMAN WITKOWIAK: You said you have 8 documentation of the calls that you made. Is 9 that - - Did I - - 10 THE WITNESS: I have a spreadsheet here 11 that - - 12 CHAIRMAN WITKOWIAK: And these were 13 calls that you - - you made to - - 14 THE WITNESS: It's been documentation. 15 It's been calls within hearing, actually people 16 going over to the bar, to the bouncers, and to 17 the bartenders, telling them about the noise. 18 CHAIRMAN WITKOWIAK: How did you get 19 that information? 20 THE WITNESS: It's a compilation of my 21 personal experiences, and then also, as other 22 neighbors have said, "Okay, Jodell, on Friday 23 night I called the police at this time." I would 24 add that to the log, as well. 25 MR. SCHRIMPF: Mr. Chairman. 00012 1 CHAIRMAN WITKOWIAK: Mr. Schrimpf. 2 MR. SCHRIMPF: Who kept the 3 documentation? How was it generated? 4 THE WITNESS: Jodell. 5 THE WITNESS: My list. 6 MR. SCHRIMPF: Ma'am, you kept that 7 documentation that the gentleman has? 8 THE WITNESS: Correct. 9 MR. SCHRIMPF: And how did you keep it? 10 What was the process by which you used? 11 THE WITNESS: I just started keeping an 12 Excel spreadsheet of all the times that I called 13 the police - - 14 MR. SCHRIMPF: Can you come up to the 15 table? 16 THE WITNESS: Sorry. 17 MR. SCHRIMPF: Was this a computer 18 program? 19 CHAIRMAN WITKOWIAK: You can - - You 20 can sit down here. 21 ALDERMAN BAUMAN: Why don't you sit 22 down? Nobody else is here. 23 ALDERMAN DUDZIK: It's just us. 24 CHAIRMAN WITKOWIAK: When we want 25 people to stand at the microphone, they won't. 00013 1 THE WITNESS: Yes, this is an Excel 2 spreadsheet that I kept, both again, based on my 3 experiences when I would call the police, or the 4 times that I've personally gone over to talk to 5 bouncers and tell them to turn down the 6 music, to close the windows, whatever the case 7 may be. 8 MR. SCHRIMPF: And does this sheet 9 contain dates and times when these things 10 occurred? 11 THE WITNESS: Yes, it does, and also, 12 it has copies of the letters that our board sent 13 to the owners of Euro, CC to the Alderman, and to 14 the owner of the Colby Abbot building. 15 MR. SCHRIMPF: And does it - - Does it 16 also give a short description of whatever was the 17 nature of the problem that you were experiencing? 18 THE WITNESS: In most cases, yes. And 19 in a number of the cases it's excessive music 20 that could be heard over the air conditioner. 21 MR. SCHRIMPF: And how was the hard 22 copy produced? Who hit the print button? 23 THE WITNESS: I did. 24 MR. SCHRIMPF: And when did you do 25 that? 00014 1 THE WITNESS: We got the notice last 2 Wednesday evening, so it would have been Thursday 3 or Friday. 4 MR. SCHRIMPF: And in terms of the 5 dates of the entries, about how soon after the 6 event that's entered did you actually make the 7 entry onto the spreadsheet? 8 THE WITNESS: Typically, if it was my 9 personal experience, the next day. If I heard 10 about it from a neighbor, several days later, 11 then when I heard about it from the neighbor, I 12 would add it. 13 MR. SCHRIMPF: That's all I have, Mr. 14 Chairman. 15 THE WITNESS: Would you like copies of 16 the document, the letters to the bar owners, and 17 also - - 18 MR. SCHRIMPF: That's - - That's up to 19 the committee. 20 ALDERMAN BAUMAN: I would refer to the 21 committee to accept these. 22 ALDERMAN BOHL: I would so move, Mr. 23 Chairman, to - - to accept this and make it part 24 of our record. 25 CHAIRMAN WITKOWIAK: Alderman Bohl 00015 1 moves to accept and make part of the record, the 2 - - the documentation that was just testified to, 3 and hearing no objections, so ordered. 4 ALDERMAN PUENTE: Mr. Chair. 5 CHAIRMAN WITKOWIAK: Alderman Puente. 6 ALDERMAN PUENTE: I don't know if 7 you're going to ask for the police report to be 8 read into the record. 9 CHAIRMAN WITKOWIAK: Yes. 10 ALDERMAN PUENTE: I do have a question 11 once that's done. 12 CHAIRMAN WITKOWIAK: Okay. Sergeant 13 Ulickey, would you read - - read the police 14 report into the record, please? 15 SERGEANT ULICKEY: 8/5 of '06, 16 Milwaukee Police were dispatched to 324 East 17 Mason for a noise nuisance complaint. 18 Investigation revealed that sound levels, both in 19 and outside the bar were at a reasonable level. 20 Officer spoke to the caller, who stated she 21 wanted a citation issued because this was an 22 ongoing problem. Officers issued a citation to 23 the licensee for noise nuisance. That citation 24 was dismissed without prejudice. 25 On 12/16 of '06 Milwaukee Police were 00016 1 dispatched to 324 East Mason for a battery 2 complaint. Investigation revealed two men were 3 fighting over a woman's allegation that one of 4 the men attempted to rape her a year ago. A 5 glass was thrown in one of the male's face 6 causing several lacerations that required 7 stitches. The subject who threw the glass was 8 later arrested and charged with substantial 9 batteries. No tavern violations were found. 10 CHAIRMAN WITKOWIAK: Thank you. 11 ALDERMAN PUENTE: I would move that the 12 police report become part of the permanent 13 record. 14 CHAIRMAN WITKOWIAK: And Alderman 15 Puente moves to make the police report part of 16 the permanent record in this hearing, and hearing 17 no objections, so ordered. Before we go any 18 further, did I check with Health and Neighborhood 19 Services on this one? Health Department? 20 HEALTH: It's a renewal, so we don't 21 have any objection, although I was going to ask 22 the applicant to provide us with an inspection of 23 the premises. We haven't been able to get in. 24 CHAIRMAN WITKOWIAK: Neighborhood 25 Services? 00017 1 DNS: We have no objections. 2 CHAIRMAN WITKOWIAK: You - - You all 3 are excused. Thank you for your services today. 4 ALDERMAN PUENTE: Mr. Chair. 5 CHAIRMAN WITKOWIAK: Alderman Puente. 6 ALDERMAN PUENTE: Did you hear what the 7 Sergeant just read, especially as it pertains to 8 the incident on August 5th, 2006, regarding the 9 noise nuisance? 10 THE WITNESS: Yes, I heard what he just 11 said. 12 ALDERMAN PUENTE: Was that you, the 13 caller? Were you the caller that night, or that 14 day? 15 THE WITNESS: Yes. 16 ALDERMAN PUENTE: And when I read 17 "dismissed without prejudice", that usually means 18 whoever was the witness or the complainant did 19 not appear in court. Is that the case in this 20 incident? 21 THE WITNESS: It is the case that I did 22 not appear, but it's also the case that I did not 23 receive a request to appear. I never received 24 notice of - - 25 ALDERMAN PUENTE: Oh, really. You 00018 1 should have, as the complainant. 2 THE WITNESS: I never received anything 3 on it. 4 ALDERMAN PUENTE: Okay. Well, then you 5 can't be held accountable for it. Unfortunately, 6 it did happen. It should not have happened. I 7 hope the Sergeant takes notes of this, and looks 8 into it why you weren't, because you should have. I 9 mean, if this is happening to you, how many other 10 people aren't being summoned to court when you 11 are the complainant. All right. Thank you, Mr. 12 Chair. It can be reopened, too, because it was 13 dismissed without prejudice. 14 THE WITNESS: Okay. 15 ALDERMAN PUENTE: So the officer, if 16 you want, can reissue this, and open it up again. 17 Just so you know that. 18 THE WITNESS: Okay. Then I'll - - 19 Thank you. 20 CHAIRMAN WITKOWIAK: Ms. Barron. 21 MS. BARRON: Just to advise the 22 committee, on the actual application, the address 23 that was given was the one that Mr. Schrimpf 24 asked me about. There's another location on the 25 stock sheet where an address for the applicant is 00019 1 listed as Oak Creek, just so you're aware. The 2 actual application does correct - - does contain 3 the address that we sent the notice to, but 4 there's another place where there's another 5 address. So I'm not exactly sure what is the 6 current address of the applicant. 7 MR. SCHRIMPF: Well, the question that 8 I asked and the answer that was given still stands. 9 MS. BARRON: Yes. 10 ALDERMAN PUENTE: Okay. 11 MR. SCHRIMPF: We're simply advising 12 the committee that there could be another 13 address. 14 CHAIRMAN WITKOWIAK: You know, this 15 license expires on the 21st. Do you think that 16 if somebody - - if somebody didn't get a notice, 17 they would call in and say, hey, I have to renew 18 my - - my Class "B" tavern license. Right? And 19 I - - I haven't received anything. 20 MR. SCHRIMPF: People often forget. 21 MS. BARRON: Mr. Chair. 22 ALDERMAN PUENTE: I'm ready for a 23 motion. 24 MS. BARRON: We did send a notice to 25 the applicant at the - - the bar on February 6th, 00020 1 advising him that he was going to have to be 2 closed from at least February 21st to the next 3 Council meeting, because of the late renewal. 4 CHAIRMAN WITKOWIAK: And no response to 5 that, also? 6 MS. BARRON: No. They were supposed to 7 file by December 7th. We didn't get the 8 application until January 30th. 9 CHAIRMAN WITKOWIAK: Thank you for that 10 information. 11 ALDERMAN WADE: Maybe they quit. 12 CHAIRMAN WITKOWIAK: Alderman Bauman. 13 ALDERMAN BAUMAN: Yeah. Thank you, Mr. 14 Chair. This particular establishment has been a 15 major source of complaints, and I have to say you 16 heard some excellent testimony from two very 17 observant witnesses, with - - who documented 18 their experiences in a way which we seldom see 19 before this committee. But their testimony is 20 the tip of the iceberg, and I have to say these 21 residents, they do live downtown. They live on a 22 very busy street, six or eight different 23 nightclubs within 500 feet of their front door. 24 But this is the one they made a complaint about, 25 despite all the other nightclubs on Milwaukee 00021 1 Street, they - - I really don't hear many 2 concerns expressed about them. Those 3 establishments that are nightclubs. Not all are. 4 Most are restaurants. Some are nightclubs. They 5 do seem to have the business of crowd control a 6 little more - - a little better managed. They 7 also are a little more conscious of the noise 8 issues. 9 This has been a perpetual problem since 10 they opened. And I might add, these residents 11 predate this bar. They did - - It's not a 12 situation where they moved in after the Euro Club 13 was in business. They, the residents were there 14 first. Euro Club came second. So I would urge 15 the committee to vote to non-renew this license. 16 ALDERMAN WADE: Mr. Chair. 17 CHAIRMAN WITKOWIAK: Alderman Wade. 18 ALDERMAN WADE: I just want to ask 19 Alderman Bauman. You - - I think you said this 20 earlier, that you don't even know who these 21 people are. 22 ALDERMAN BAUMAN: Correct. 23 ALDERMAN WADE: You've never met them. 24 ALDERMAN BAUMAN: Correct. 25 ALDERMAN WADE: Have you - - Have you 00022 1 tried to get in contact with them and just no - - 2 ALDERMAN BAUMAN: The last time I spoke 3 to them was, I believe, during the time frame 4 they were installing this vestibule, and they 5 were calling my office, trying to get me to 6 accelerate the special privilege process, which 7 they claim the City was holding up. And, you 8 know, I told them, very honestly, I said, you 9 know, you guys are due for a renewal in December, 10 January, you're going to have a serious problem 11 getting that license renewed. You have a lot of 12 angry neighbors living across the street. And 13 they're response was, "Well, this is going to 14 take care of it." This vestibule is going to 15 take care of it. And we've heard testimony that 16 the vestibule or the additional airlock outside 17 their main door has not taken care of the 18 problem. So I offer that for what - - what it 19 is. I - - 20 ALDERMAN WADE: Now - - 21 ALDERMAN BAUMAN: Well, one - - So I've 22 had one phone conversation with them. 23 ALDERMAN WADE: Have you ever gone down 24 to the - - to the location to witness any of this 25 stuff at all? 00023 1 ALDERMAN BAUMAN: Unfortunately when I'm 2 still out, they're not - - they're hardly even 3 geared up yet. I mean, that - - This is a very 4 late night operation. I would say they do not 5 really get rolling until midnight, 11:30 at 6 night. 7 THE WITNESS: 11:30. 8 ALDERMAN BAUMAN: So the normal hours 9 that I might be around the street, there's three 10 people in there. 11 ALDERMAN PUENTE: You're sleeping. 12 ALDERMAN BAUMAN: It's quiet as a 13 church. I'm - - Actually, I am - - 14 CHAIRMAN WITKOWIAK: We're under oath 15 now. We're under oath. 16 ALDERMAN BAUMAN: Well, most of those 17 nights. 18 ALDERMAN WADE: Okay. Thank you, Mr. 19 Chair. 20 CHAIRMAN WITKOWIAK: This matter is in 21 committee. 22 ALDERMAN BOHL: Mr. Chairman. 23 CHAIRMAN WITKOWIAK: Alderman Bohl. 24 ALDERMAN BOHL: Mr. Chairman, based on 25 - - on, first off, non-appearance, secondly, 00024 1 based on neighborhood objections and testimony 2 provided by neighborhood objectors, as well as 3 the police report, I would move to deny. 4 CHAIRMAN WITKOWIAK: Motion by Alderman 5 Bohl is to recommend denial, based on non- 6 appearance, items contained in the police report, 7 and objections and testimony from the neighbors. 8 ALDERMAN DUDZIK: Mr. Chairman. 9 CHAIRMAN WITKOWIAK: On the motion, 10 Alderman Dudzik. 11 ALDERMAN DUDZIK: On the motion, I feel 12 kind of reluctant to support it. I mean, I - - I 13 would if the applicant had been here. I - - I 14 just feel that it, you know, we're not really 100 15 percent certain that he's gotten notice of this 16 meeting. I realize we've dotted our "Is" and 17 crossed our "Ts", but the U.S. Post Office isn't 18 perfect. I - - I - - 19 ALDERMAN PUENTE: Ask Jason Fields. 20 ALDERMAN DUDZIK: I have - - I have - - 21 I have some reluctance to - - Like I said, I 22 think if they had been here. I think these 23 individuals make a great case for some 24 disciplinary action, but without the applicant 25 actually being here to defend his or her actions 00025 1 or lack thereof, I - - I feel reluctant and at 2 this point I won't be supporting the motion. 3 CHAIRMAN WITKOWIAK: Motion by Alderman 4 Bohl is to recommend non-renewal, based on police 5 objections, neighborhood objections, and non- 6 appearance. 7 ALDERMAN WADE: Mr. Chair, on the 8 motion. 9 CHAIRMAN WITKOWIAK: On the motion, 10 Alderman Wade. 11 ALDERMAN WADE: I tend to agree with 12 my colleague from the 11th District. I would - - 13 I would really rather hear their side of the 14 story. I mean, I think if they were here and 15 everything was factual as stated and they 16 couldn't defend that, I would feel that - - that 17 I could support this. But for all of the reasons 18 that Alderman Dudzik gave, I think I would 19 - - I would like to at least have them have the 20 opportunity to give their side of the story. I 21 think it is - - is real - - It's bad that they 22 haven't had any contact with the Alderman from 23 that District. I find that very strange in 24 something this important and this much money has 25 been invested. But I still would like to hear 00026 1 from them. So because of that, I would - - I 2 would probably - - probably be more apt to hear 3 hold at the Call of the Chair than - - But I 4 won't be able to support non-renewal, based on 5 that. 6 ALDERMAN BOHL: Mr. Chairman. 7 CHAIRMAN WITKOWIAK: Alderman Bohl. 8 ALDERMAN BOHL: I - - I will at this 9 time withdraw my motion, and just move to hold 10 this matter to the Call of the Chair. 11 CHAIRMAN WITKOWIAK: Motion by Alderman 12 Bohl is to hold this matter at the Call of the 13 Chair. I will object to that motion. 14 ALDERMAN PUENTE: I'll object, also. 15 ALDERMAN BOHL: Fine. I didn't know 16 where the votes were going to lie. Mr. Chairman, 17 at - - I will object, also, then I guess, on the 18 motion. 19 CHAIRMAN WITKOWIAK: Hearing - - 20 ALDERMAN BOHL: I will - - I will - - 21 CHAIRMAN WITKOWIAK: Hearing three 22 objections, the motion fails. Motion to hold 23 fails. Now we're still in committee. 24 ALDERMAN BOHL: I will at this time 25 move to deny, based on the - - to deny both 00027 1 licenses based on - - on non-appearance, based on 2 neighborhood objections, as well as matters 3 contained in the police report. 4 CHAIRMAN WITKOWIAK: Motion by Alderman 5 Bohl is to recommend denial, based on non- 6 appearance, neighborhood objections and items 7 contained in the police report. Now, let's take 8 a roll call on that. 9 CLERK ELMER: Alderman Bohl? 10 ALDERMAN BOHL: Aye. 11 ALDERMAN PUENTE: Mr. Chair, before I 12 vote. 13 CHAIRMAN WITKOWIAK: Oh, on the motion, 14 okay. Alderman Puente. 15 ALDERMAN PUENTE: I would also like to 16 take in consideration what the Alderman said and 17 his testimony, weight from all the complaints that 18 he heard and that I think would be definitely 19 part of my decision. So a friendly amendment? 20 ALDERMAN BOHL: Sure, I - - I kind of 21 count that as - - as the neighborhood objection, 22 but also, Aldermanic testimony. 23 ALDERMAN PUENTE: Oh, okay. 24 CHAIRMAN WITKOWIAK: Okay. 25 ALDERMAN PUENTE: Okay, then - - 00028 1 CHAIRMAN WITKOWIAK: We'll vote on the 2 motion. 3 CLERK ELMER: Alderman Bohl? 4 ALDERMAN BOHL: Aye. 5 CLERK ELMER: Alderman Puente? 6 ALDERMAN PUENTE: Aye. 7 CLERK ELMER: Alderman Wade? 8 ALDERMAN WADE: No. 9 CLERK ELMER: Alderman Dudzik? 10 ALDERMAN DUDZIK: No. 11 CLERK ELMER: Mr. Chair. 12 CHAIRMAN WITKOWIAK: Aye. 13 CLERK ELMER: Motion is approved, three 14 to two. 15 MR. SCHRIMPF: Mr. Chairman, before we 16 close this up, just one thing that I - - I would 17 be interested in. I had a question. Now I'm 18 trying to remember what it was, and it was of the 19 two neighborhood objectors. Oh, no. I'm sorry. 20 It was of Ms. Barron from the License Division. 21 To what address did you send the letter warning them 22 that the license would be lapsed? 23 MS. BARRON: To the actual bar address 24 at 324 East Mason. 25 MR. SCHRIMPF: Which is the address on 00029 1 the application. 2 MS. BARRON: Correct. 3 MR. SCHRIMPF: That's all I have. 4 CHAIRMAN WITKOWIAK: Okay. I thank 5 you. We appreciate your testimony today. 6 * * * * * 00030 1 2 3 STATE OF WISCONSIN) 4 MILWAUKEE COUNTY ) 5 6 I, TERESE M. SCHIEBENES, of Milwaukee 7 Reporters Associated, Inc., do certify that the 8 foregoing transcript was reduced to writing under my 9 direction and that it is a true and accurate 10 transcription of the Licenses Committee Hearing held 11 on February 13, 2007. 12 13 14 TERESE M. SCHIEBENES - COURT REPORTER 15 Dated this day of February, 2007 16 17 18