1 CITY OF MILWAUKEE COMMON COUNCIL * * * * * * * * * * * * * * * * * * * * * * * * * * In the Matter of: BOOTLEGGERS OF MILWAUKEE renewal application for: BRIAN RANDALL "BOOTLEGGERS OF MILWAUKEE" 1023-1027 North Old World Third Street * * * * * * * * * * * * * * * * * * * * * * * * * * Proceedings had and testimony given in the above-entitled matter before the COMMON COUNCIL OF THE CITY OF MILWAUKEE on the 22nd day of December, 2009. 2 1 TRANSCRIPT OF PROCEEDINGS 2 PRESIDENT HINES: For the next several 3 items, we'll use the services of the court 4 reporter. Let the record reflect that the court 5 reporter has been sworn in. 6 CITY CLERK: The Licenses Committee 7 recommends approval of File No. 090832, motion to 8 approve the recommendations of the Licenses 9 Committee relative to licenses. Included in the 10 file are the following recommendations: 11 Renewal with a 30-day suspension with 12 the additional requirement of the removal of the 13 rooftop bar based on the police report and 14 neighborhood objections of the Class "B" Tavern 15 and Tavern Dance Licenses of Brian C. Randall, 16 agent for the premises at 1023-1027 North Old 17 World Third Street known as Bootleggers of 18 Milwaukee in the 3rd Aldermanic District. Written 19 objections have been filed. 20 PRESIDENT HINES: Have the members of 21 the Common Council read the report and the 22 recommendations of the Licenses Committee as 23 contained in file in this matter? Roll call, 24 please. 25 CITY CLERK: Alderman Hamilton. 3 1 ALDERMAN HAMILTON: Aye. 2 CITY CLERK: Davis. 3 ALDERMAN DAVIS: Aye. 4 CITY CLERK: Kovac. 5 ALDERMAN KOVAC: Aye. 6 CITY CLERK: Bauman. 7 ALDERMAN BAUMAN: Aye. 8 CITY CLERK: Bohl. 9 ALDERMAN BOHL: Aye. 10 CITY CLERK: Coggs. 11 ALDERWOMAN COGGS: Aye. 12 CITY CLERK: Donovan. 13 ALDERMAN DONOVAN: Aye. 14 CITY CLERK: Puente. 15 ALDERMAN PUENTE: Aye. 16 CITY CLERK: Murphy. 17 ALDERMAN MURPHY: Aye. 18 CITY CLERK: Dudzik. 19 ALDERMAN DUDZIK: Aye. 20 CITY CLERK: Witkowiak. 21 ALDERMAN WITKOWIAK: Aye. 22 CITY CLERK: Witkowski. 23 ALDERMAN WITKOWSKI: Aye. 24 CITY CLERK: Zielinski. 25 ALDERMAN ZIELINSKI: Aye. 4 1 CITY CLERK: Mr. President. 2 PRESIDENT HINES: Aye. 3 CITY CLERK: 14 ayes, 1 excused. 4 PRESIDENT HINES: 14 ayes, 1 excused. 5 Alderman Bohl moves that the Common Council 6 rise -- not at this point. Okay. 7 CITY CLERK: Are any of the following or 8 their counsels present, and if so, do they wish to 9 address the Common Council: Brian Randall? 10 Present. Joseph Brueggemann? No response. 11 PRESIDENT HINES: Mr. Randall has 12 representatives here. Alderman Bohl moves that 13 the Common Council resolve itself to the Committee 14 of the Whole for the purpose of hearing oral 15 arguments on behalf of the license and opposition 16 to the report filed by the Licenses Committee. Is 17 there any objection? Hearing none, we are now in 18 the Committee of the Whole. 19 Each side shall be limited to five 20 minutes and the arguments shall be limited to the 21 subject matter in the report and recommendations 22 and all written exceptions. 23 CITY CLERK: This relates to the renewal 24 with a 30-day suspension, the removal of the 25 rooftop bar for the Class "B" Tavern and Tavern 5 1 Dance Licenses of Brian Randall, agent for the 2 premises at 1023-27 North Old World Third Street, 3 known as Bootleggers of Milwaukee. 4 MR. RANDALL: Good morning, Mr. 5 President, members of the Common Council. 6 Attorney Brian Randall of Friebert, Finerty & St. 7 John appearing on behalf of Bootleggers of 8 Milwaukee as both its legal counsel and its 9 license agent. With me this morning and seated in 10 the east gallery are Bob Carlson and Ryan Wendts 11 (phonetic) who are part of the ownership and 12 executive operating team out of the Twin Cities, 13 and Michael Hoffenberg (phonetic) who heads the 14 local management staff. 15 Before I address the several points from 16 the written objections on file, allow me to share 17 some additional background details concerning this 18 matter. Bootleggers has known from day one that 19 they would be viewed as outsiders in opening their 20 first establishment on Old World Third Street. 21 Opening in early 2008, Bootleggers 22 certainly was the new kid on the block as compared 23 to, say, Mader's German Restaurant, which has been 24 there for over a century. As a result, 25 Bootleggers knew that they had to go the extra 6 1 mile in every respect. They bought food seasoning 2 and spices from their retail neighbor to the north 3 and sausages from their well-known neighbor to the 4 east. They sent their customers during overflow 5 periods and when they were not open to their 6 neighbor to the south with the very long bar, and 7 they sent their staff out to clean up and patrol 8 the surrounding alleys and street on a nightly 9 basis. And all of that was before the December 10 8th hearing. 11 Bootleggers invested in the area in that 12 they actually own the building and poured nearly 13 $2 million into renovating the old Mader's gift 14 shop that was then a vacant and dark storefront 15 for several years. And some of Bootleggers' 16 ownership group earlier this year took over the 17 old Kincaid's space nearby and opened Molly Cool's 18 Seafood Tavern. 19 Despite all that, Bootleggers has been 20 closely scrutinized. And it has become the most 21 popular place in the area. So perhaps it should 22 not have been a surprise that almost all of those 23 who testified against Bootleggers ended up having 24 a connection to a competitor. Our witness, or 25 our -- excuse me, our written objections covered 7 1 those witness credibility issues in detail, and we 2 ask that the council weigh the credibility of that 3 testimony before any penalties are considered. 4 But allow me to actually turn the focus 5 on to our credibility and our responsibility for 6 the actions as Bootleggers has made attempts with 7 the neighbors since these issues were identified. 8 Bootleggers is committed to the 9 Neighborhood Action Plan that is Exhibit A to our 10 written objections filed with all of you, and it 11 has distributed that exhibit to the neighbors and 12 to Alderman Bauman and is implementing all of its 13 terms immediately. In fact, the security camera 14 will be installed today, and the clean-up program 15 for the entire street as identified in there was 16 already in place last weekend. It's prepared to 17 host the first progress meeting before the January 18 5th Licenses Committee meeting if this file 19 happens to be returned to committee for a status 20 report there. 21 But the point is that many of you 22 rightfully hold licensees to a high standard when 23 witnesses' testimony raises issues, and in the 24 case of Bootleggers, they have already responded 25 with action and plans to address the concerns 8 1 raised. 2 To put it another way, we are simply 3 asking for a chance to address the concerns from 4 the hearing, for the first time that we heard of 5 them or upon learning that our previous attempts 6 were not effective. This is a chance that all 7 licensees deserve and most are granted by way of 8 progressive discipline. 9 I reference to the committee and submit 10 to you that progressive discipline for the rooftop 11 would directly address most of the neighborhood 12 testimony issues and it should include imposing a 13 variety of mandatory conditions including: 14 screening the deck's north facade; extending the 15 previously-built south wall; installing window 16 treatments on our windows so the neighbor doesn't 17 have our guests looking at him, and he doesn't 18 have to look at us; and to require additional 19 security measures, such as, the cameras that we're 20 installing today; and additional staff on the 21 deck. 22 But to progress all the way to shutting 23 down the rooftop deck is not progressive 24 discipline and is unreasonable under the record 25 before you. 9 1 Let me turn to the other element of 2 discipline recommended; the 30-day suspension. 3 Again, progressive discipline was not even 4 considered, and perhaps more concerning are the 5 due process and equal protection violations by 6 virtue of such a suspension when compared to 7 Questions Nightclub, Ray's Rhythm & Blues, 8 Club 2C, Fremo's Place, Narrow Lane, Planet Marky 9 and Pizza Shuttle, all of which included either 10 service to underage patrons, excessive need for 11 police resources, shootings, stabbings, 12 large-scale fights or drug dealing. 13 PRESIDENT HINES: One minute. 14 MR. RANDALL: The penalties ranged from 15 warning letters to 10-, 15-, 25-day suspensions. 16 The specific details regarding those issues are in 17 our Exhibit G. I don't have time to go into those 18 details, but there is no question that Bootleggers 19 does not have a record even close to any of those 20 referenced entities and does not belong in such a 21 class of suspension days. Yet the 30 days 22 recommended for Bootleggers is more than any of 23 those and several combined. 24 I mentioned underage service. This is 25 Bootleggers' fake ID book. There is another stack 10 1 that they are holding over there. This is the 2 type of responsible operator that Bootleggers is. 3 It does not have in its police record, or any 4 testimony, problems of underage service or any of 5 those excessive police-resource claims. 6 Bootleggers is a responsible operator, 7 and it is addressing the issues -- 8 PRESIDENT HINES: 15 seconds. 9 MR. RANDALL: -- raised at the hearing 10 immediately. 11 Finally, two general points. The 12 hearing transcript is now on file. It's about 13 this thick, but it is online, and it should serve 14 as the basis upon which the council should act 15 rather than the incomplete summary report of the 16 committee. 17 As identified in our written objections, 18 each element of the police report was refuted at 19 the hearing or explained. 20 PRESIDENT HINES: Wrap it up, please, 21 sir. 22 MR. RANDALL: And the report summaries 23 of witnesses' testimony fails to acknowledge the 24 cross examination identified the generalities of 25 testimony, and the witnesses admitted that they 11 1 could not pinpoint the issues directly at 2 Bootleggers as compared to one of the other 16 3 licensed establishments in the two-block by 4 two-block area. 5 Finally, Justice Butler's Alcohol 6 Beverage Task Force for Licensing Recommendations 7 10 and 17 counseled against non-committee members 8 recommending penalties and a testifying alderman 9 should not thereafter vote. I believe it cited 10 that Merris versus City of Cedarburg, Wisconsin, 11 Supreme Court Case. We therefore respectfully ask 12 that Alderman Bauman recuse himself from voting or 13 he be recused on making a motion and speaking. 14 PRESIDENT HINES: In conclusion. In 15 conclusion. 16 MR. RANDALL: Thank you. Because he 17 would be a witness, prosecutor and member of the 18 jury all in the same matter. 19 In conclusion, you will soon hear Mr. 20 Schrimpf will at least once reference that this 21 matter be reposed to your sound discretion. We 22 ask that you exercise your discretion carefully 23 and review the matter before you, and that you 24 respectfully request to reinstate the rooftop deck 25 with conditions, eliminate the suspension or 12 1 reduce it to the minimum number of days allowed 2 and renew the licenses for Bootleggers. 3 Thank you for your time. I welcome any 4 questions that you may have. 5 PRESIDENT HINES: Are there any 6 questions of the attorney? If not, thank you. 7 MR. RANDALL: Thank you. 8 PRESIDENT HINES: We will now hear from 9 the Assistant City Attorney, Bruce Schrimpf. 10 MR. SCHRIMPF: Good morning, Mr. 11 President, members. Bruce Schrimpf from the City 12 Attorney's Office. 13 A review of the police report and the 14 neighborhood objections, it demonstrates that the 15 neighbors were very concerned about noise, drunken 16 patrons vomiting. In this particular case, and 17 one that I had not seen previously, and in fact, 18 in the comparators that Mr. Randall raised, was 19 the fact that because of the unique location of 20 the rooftop deck and the other apartments, it was 21 possible for patrons to go from the deck of 22 Bootleggers to trespass upon the rooftop decks of 23 adjoining neighbors, something that has not popped 24 up before in any of these cases. 25 In addition, there was one neighbor who 13 1 testified regarding the fact that she has a 2 second-story patio and that during the first year 3 of operation of this particular tavern, glass 4 bottles wound up on that patio, and during this 5 year, this immediate past summer, deck furniture 6 from the Bootleggers' bar wound up on her patio, 7 and it was apparently tossed onto her patio. 8 What's interesting is that the police 9 report and the reports of the neighbors, the 10 testimony of the neighbors, forms a parallel sort 11 of situation where the police department is 12 reporting unruly drunken patrons and this exact 13 same thing is being reported by the neighbors. So 14 I happen to see it as a situation where there is a 15 very parallel situation between what the police 16 are reporting and what the neighbors reported in 17 this particular case. 18 Whether or not you renew this license, 19 whether or not you renew this license with a 20 suspension and the length of that suspension, and 21 whether or not you renew the extension of the 22 premises to the rooftop patio is, of course, 23 reposed to your sound discretion. 24 As always, the length of any particular 25 suspension must be limited to not less than 10 14 1 days and not more than 90 days. 2 If there are any questions, I would be 3 happy to try to entertain them. 4 PRESIDENT HINES: Thank you. Any 5 questions of the assistant city attorney? The 6 chair recognizes Alderman Dudzik. 7 MR. DUDZIK: Thank you very much, Mr. 8 Chairman. 9 Mr. Schrimpf, with regards to the 10 individual who claimed that there were bottles 11 being tossed onto her patio via the Bootleggers, I 12 didn't get to watch the video, but I'm sure that 13 in doing your job and doing the committee work 14 that that individual was questioned as to whether 15 or not she actually saw the bottles being launched 16 from somebody associated with Bootleggers given 17 the fact that there are a number of bars in this 18 area? 19 MR. SCHRIMPF: Trying to find that 20 particular piece of testimony. 21 ALDERMAN KOVAC: Mr. President, I have 22 some memory of that. If you would want me to -- 23 PRESIDENT HINES: If you don't know the 24 page number -- do you recall the verbiage, 25 Alderman Kovac? 15 1 ALDERMAN KOVAC: Yeah, my memory of 2 it -- because we did, we asked her this, and I 3 think the bar owner's lawyer asked her this. And 4 I think when the bar owner's lawyer was asking 5 her, she acknowledged that in most, if not all 6 cases, she couldn't identify who had thrown the 7 bottle and acknowledged it was possible, although 8 not likely, that it had come from the alley, 9 people throwing up from the alley rather than down 10 from the rooftop. But the patio furniture was -- 11 even though she didn't see it being thrown, it's 12 hard to imagine that patio furniture matching the 13 rooftop deck patio furniture could have come from 14 anywhere but that. 15 PRESIDENT HINES: Thank you, Alderman. 16 ALDERMAN DUDZIK: Mr. Chairman, that 17 answer sufficed my curiosity, and I appreciate my 18 colleague for filling me in. 19 The only other question I'll ask of Mr. 20 Schrimpf is, was there any previous discipline 21 with respect to this particular location? 22 MR. SCHRIMPF: I don't believe there 23 was. 24 MR. DUDZIK: Thank you very much. 25 PRESIDENT HINES: The chair recognizes 16 1 Alderman Puente. 2 ALDERMAN PUENTE: Thank you, Mr. 3 President. Attorney Randall made reference that a 4 lot of the witnesses were actually, had personal 5 interest because of a competitive establishment in 6 the area. Was that the fact? 7 MR. SCHRIMPF: Well, he has raised that 8 by way of affidavits that he has submitted with 9 his objections. It did not come through during 10 the course of the hearing. And even if -- I 11 guess, let's look at the patio furniture 12 situation. The patio furniture clearly was patio 13 furniture that was at Bootleggers and wound up on 14 the lady's deck or patio. Whether or not she has 15 a bias in the case, I mean, unless that testimony 16 is completely false, and there was no showing that 17 it was completely false, she is able to identify 18 furniture that wound up on her patio that really 19 was Bootleggers'. The only way it can, you can 20 account for that is that it traveled across the 21 20-foot alley, or 28-foot alley from Bootleggers 22 to her patio. 23 ALDERMAN PUENTE: But that's not my 24 question. My question is, if there is people 25 coming to testify who are biased, that's what I 17 1 want to know. Were those people there that were 2 biased because they are supporting some other 3 establishment in the area? 4 MR. SCHRIMPF: Well, I guess -- 5 ALDERMAN PUENTE: In the affidavits, did 6 you see that? 7 MR. SCHRIMPF: I saw that in the 8 affidavits. I mean -- 9 ALDERMAN PUENTE: Could you confirm 10 that? 11 MR. SCHRIMPF: The problem is, the 12 problem is those questions were not asked on cross 13 examination during the course of the hearing. 14 ALDERMAN PUENTE: But that doesn't 15 alleviate the fact that those people could have 16 been present. 17 MR. SCHRIMPF: Well, they may have -- 18 it's possible. As you read those affidavits, yes, 19 that's something that the council can certainly 20 take into its consideration. It would have been 21 more helpful had those questions been asked during 22 the course of the hearing. 23 ALDERMAN PUENTE: So we can take that 24 into consideration at this time even though it was 25 not asked at the committee? 18 1 MR. SCHRIMPF: I think you can. 2 ALDERMAN PUENTE: Okay. Thank you. 3 PRESIDENT HINES: Thank you, Alderman. 4 The chair recognizes Alderman Bauman. 5 ALDERMAN BAUMAN: Thank you, Mr. 6 President. You know, on the point of what 7 constitutes the record that we are to consider, 8 I'm -- this has happened before with matters 9 brought to the full council where the applicant 10 has submitted additional evidence usually -- well, 11 by definition, in the form of letters or 12 affidavits which are, by their very definition, 13 hearsay. 14 MR. SCHRIMPF: Yes. 15 MR. BAUMAN: When we have these hearings 16 before the Licenses Committee -- 17 PRESIDENT HINES: Let's ask the 18 question, Alderman. 19 ALDERMAN BAUMAN: -- we go through -- 20 well, my question is, we go through great lengths 21 debating what's hearsay, what isn't hearsay, 22 what's admissible, what isn't admissible. Explain 23 to me why affidavits submitted after the fact, 24 without the benefit of cross examination, without 25 the ability of the alleged biased person having an 19 1 opportunity to explain whether or not they are 2 biased to answer to the charge of potential bias, 3 is not allowed? I mean, why are these even -- 4 these should be stricken from the record. 5 MR. SCHRIMPF: The council can do that 6 if it wishes. But the Supreme Court has also said 7 that these types of hearings are legislative-type 8 hearings in addition to the fact that there is 9 evidence. 10 ALDERMAN BAUMAN: So then my question 11 is, are we council members, and is the general 12 public able to submit additional evidence that can 13 be considered in these meetings? In other words, 14 can neighbors submit additional affidavits that 15 add new incidents, that add new testimony 16 regarding bad behavior, regarding acts of 17 vandalism, regarding acts of trespassing? So in 18 other words, we have an open season for the 19 council meeting where anybody can submit anything 20 and it can be made part of the record? 21 MR. SCHRIMPF: And that's -- and you 22 raise a very good point; where do you stop it? 23 And if the council wishes to reject those 24 affidavits, you're completely within your rights 25 to do that. 20 1 ALDERMAN BAUMAN: And just one more 2 question. At the hearing, the applicant was 3 represented by counsel, correct? 4 MR. SCHRIMPF: Yes. 5 ALDERMAN BAUMAN: And it was a two-hour 6 hearing, roughly, correct? 7 MR. SCHRIMPF: I did view the videotape, 8 and I think that's approximately correct. 9 ALDERMAN BAUMAN: And clearly, in your 10 mind, counsel had an opportunity to ask all of 11 these witnesses any questions regarding their 12 potential bias or their potential association with 13 other establishments in the neighborhood? 14 MR. SCHRIMPF: From what I could view of 15 the record, yes. 16 MR. BAUMAN: Thank you. 17 PRESIDENT HINES: Are there any 18 additional questions of Attorney Schrimpf? 19 ALDERMAN DAVIS: Mr. Chairman. 20 PRESIDENT HINES: The chair recognizes 21 Alderman Davis. 22 ALDERMAN DAVIS: Mr. Schrimpf, as it 23 deals with striking the affidavits from the 24 record, would it be proper, as our counsel here on 25 the floor of the Common Council, would one make a 21 1 motion to strike these particular affidavits from 2 the record which will prohibit council members 3 from taking these affidavits into consideration 4 when we make our decisions? 5 MR. SCHRIMPF: Yes, you certainly could 6 do that. However, if you do that, I would also 7 recommend that as part of the motion, you create 8 what is called a "rejected-exhibits file" so that 9 they go into the rejected-exhibits file, and then 10 later on, it's always available for further 11 review. So the court knows exactly what the 12 council was not considering. 13 MR. DAVIS: Thank you. 14 PRESIDENT HINES: Are there any 15 additional questions or comments? The chair 16 recognizes Alderman Puente. 17 ALDERMAN PUENTE: Correct me if I'm 18 wrong, but is there an injunction, if you will, of 19 the suspension of this license until after the new 20 year? Did I read that in the paper correctly? 21 MR. SCHRIMPF: No, I think you're 22 referring to Bootleggers, or Lady Bug Club. 23 ALDERMAN PUENTE: Oh, that's right. 24 MR. SCHRIMPF: Which is a totally 25 different situation. 22 1 ALDERMAN PUENTE: All right, thank you. 2 PRESIDENT HINES: Thank you, Alderman. 3 Are there any additional questions of Mr. 4 Schrimpf? If not, thank you. Before you sit 5 down, no additional questions? Okay. Thank you. 6 Alderman Bohl moves that the committee 7 now rises. Hearing no objections, so ordered. 8 Are there any motions relative to this 9 matter? The chair recognizes Alderman Davis. 10 ALDERMAN DAVIS: Thank you, Mr. 11 President. I move to strike any affidavits that 12 are pertained to the file of 090832 and create a 13 reject-of-exhibits file for those affidavits to be 14 returned to. 15 And on the motion, Mr. Chairman, this is 16 something that I'm very -- for the first time, 17 this is the first time that I've seen affidavits 18 included with the file, and I think that -- not on 19 this file, but I think that it needs to be 20 litigated and also direction to the council on 21 future issues that may come before us, but on this 22 particular issue, I think it would be most proper 23 for us to reject these affidavits and be 24 consistent as we have additional counsel who will 25 be representing establishments that will be coming 23 1 before the council. Thank you, Mr. President. 2 PRESIDENT HINES: Thank you, Alderman. 3 That is an appropriate motion, and it is the 4 affidavits that have been submitted by the 5 attorney after the initial hearing that was held 6 at the Licenses Committee. The chair recognizes 7 Alderman Bohl on the motion. 8 ALDERMAN BOHL: Thank you, Mr. 9 President. I would just say that I believe the 10 motion should specifically reflect as opposed to 11 attaching it to a file which includes a number of 12 licenses, that it is specific to the premises at 13 1023-27 North Old World Third Street known as -- 14 doing business as Bootleggers. 15 I support the motion. I raised the 16 issue with one other this morning over the concern 17 that I had about the inability to cross examine 18 those individuals or the documents that reflect 19 statements of individuals. As you know, Mr. 20 President, there are occasions where we wind up 21 having neighbors send us e-mails or flood us with 22 letters or make phone calls after the Licenses 23 Committee has held its hearing on matters. Those 24 items are something that cannot be taken up for 25 consideration, and I do believe that this would 24 1 establish a poor precedent where we would then in 2 turn tell an individual, you can't send me an 3 e-mail, but if somehow you get the statement 4 sworn, you can flood us with additional 5 information after the fact. 6 So I do support the motion to reject 7 these particular documents and place them in a 8 rejected-exhibits file. Thank you. 9 PRESIDENT HINES: Is there any objection 10 to these, we'll say, the amended motion to reflect 11 address and title of the establishment or name of 12 the establishment? Any objections to that amended 13 motion? Seeing and hearing none, the amended 14 motion is before us. Any further discussion? The 15 chair recognizes Alderman Kovac. 16 ALDERMAN KOVAC: Thank you, Mr. 17 President. I'm going to support the motion 18 because I do think it will set a bad precedent. I 19 think, obviously, any decision the committee makes 20 is subject to the review of the council based on 21 the facts before the committee. But if we start 22 letting in new facts between committee and 23 council, I think it opens up -- I mean, this, 24 these affidavits imputing the credibility of 25 witnesses -- and you really can't impute the 25 1 credibility of someone unless you're cross 2 examining them and give them a chance to respond. 3 And frankly, the affidavits that suggest 4 that some of these witnesses may have been 5 throwing bottles back across, frankly, only make 6 the disorder in neighborhood that the bar is 7 causing worse, because it makes the safety of 8 their patrons and the general public reduced. So 9 if anything, criminal charges, if this is really 10 true what they have suggested in these affidavits, 11 criminal charges should be pressed against their 12 neighbors. But if they want this to factor into 13 their license, I think it only hurts them. And 14 certainly, this is information that should have 15 come up before committee. 16 PRESIDENT HINES: Thank you. Any 17 additional discussions? The chair recognizes 18 Alderman Witkowiak. 19 ALDERMAN WITKOWIAK: Thank you, Mr. 20 President. I wholeheartedly support this motion 21 and I urge all of my fellow colleagues to do the 22 same. This would, this would set a bad precedent 23 and basically, it would dilute the work that the 24 committee has done. I think you would have a 25 never-ending stream of information from any 26 1 license holder that was recommended for discipline 2 by the committee. I think you would just 3 constantly be barraged with these extra pieces of 4 information coming in after the committee meeting. 5 And I just think that it dilutes the work that the 6 committee has already done. 7 So if the case is not in order by the 8 time it comes up to committee, that's the problem 9 that the license holder has to deal with. But it 10 shouldn't be, there shouldn't be more burden on 11 the committee and us members to review all this 12 information after the committee meeting and before 13 we make a vote on it. I just think it sets a bad 14 precedent. So I urge all of my fellow colleagues 15 to support this motion. Thank you. 16 PRESIDENT HINES: Thank you, Alderman. 17 There are no additional comments. Again, the 18 motion is to reject the affidavits created for the 19 locations at 1023-27 North Old World Third Street 20 and to create an exhibits file. With that being 21 said, are there any objections to that motion? 22 Are there any objections? Seeing -- there is one 23 objection. Motion carries. Are there any further 24 motions related to the file? Is there another 25 objector? Okay. 27 1 The chair recognizes Alderman Jim Bohl. 2 ALDERMAN BOHL: Thank you, Mr. 3 President. Relating to File No. 090832, I have a 4 motion relating to the Class "D" Bartender 5 application for Joseph Brueggemann. At this time, 6 I will move to take this application from file and 7 return it back to the Licenses Committee. 8 Mr. Brueggemann was not present, did 9 send a letter of -- did send a letter of 10 objection, and I did contact him yesterday 11 afternoon and informed him that because he had a 12 number of items on his police report that it would 13 likely be referred, indicated to him that it 14 wouldn't be necessary for him to show up, that I 15 would just make a motion to refer it back to 16 committee. So I would so move that at this time. 17 PRESIDENT HINES: That is an appropriate 18 motion. It doesn't have to be in writing. Any 19 objection to refer back to committee? One 20 objection to chair. One objection noted. 21 The chair recognizes Alderman Dudzik. 22 ALDERMAN DUDZIK: Thank you very much, 23 Mr. Chairman. With regards to any vote on the 24 Bootleggers' application, I wish to abstain from 25 voting on that particular license. My reason 28 1 being is, I do believe that one of my family 2 members actually was employed or is employed 3 there. Thank you. 4 PRESIDENT HINES: Thank you, Alderman. 5 The chair recognizes Alderwoman Coggs. 6 ALDERWOMAN COGGS: To be consistent with 7 my vote in committee, I would like to be recorded 8 as a "no" vote on the Bootleggers. 9 PRESIDENT HINES: That's appropriate. 10 Are there any additional motions with 11 regard to File No. 090832? Mr. Chairman, is there 12 a motion that you -- not at all -- Colleen Knight 13 is not needed, Alderman. 14 ALDERMAN BOHL: Mr. President, I just 15 wanted to provide some very brief commentary 16 relating to one item in this file. 17 PRESIDENT HINES: Go right ahead, 18 Alderman. 19 ALDERMAN BOHL: Thank you. Mr. 20 President, I just wanted to inform council members 21 and make them aware if they are not yet so that 22 items in this particular file include a number of 23 licenses relating to precious metal and gem 24 dealers including a number of establishments on 25 the south side that did make the newspaper here 29 1 where approximately three to four weeks ago those 2 particular establishments had failed to comply 3 with the necessary city laws relating to proper 4 documentation of individuals during a sting that 5 was conducted by the Milwaukee Police Department. 6 The occurrence in which the sting took place was 7 sometime approximately a week before, less than a 8 week before the matters were scheduled before the 9 Licenses Committee on a grant list. Applications 10 are made sometime well about a month or so 11 beforehand and a police report is conducted. 12 There is a required notice that goes out that must 13 come in so many days in advance of the particular 14 hearing. And at that time, the police reports for 15 those items were not properly completed, and they 16 were not properly noticed. And so as a result, 17 those items will be on the grant list for today. 18 It is due to the recommendation of the 19 City Attorney's Office, it is recommended that we 20 move forward without prejudice on these particular 21 licenses and remove, move approval for the renewal 22 of these licenses because there is a vested 23 property right in that. However, that being said, 24 there is, there is an understanding that the 25 police department and perhaps others may, at some 30 1 point here in the very near future, file a 2 complaint for revocation of these licenses based 3 upon items in those particular police reports and 4 that's something that may come forward in the 5 future. However, at this point, it is recommended 6 that we do move approval and that we do so without 7 any prejudice to those licenses. 8 PRESIDENT HINES: Thank you, Alderman, 9 for that overview. The chair recognizes Alderman 10 Dudzik. 11 ALDERMAN DUDZIK: Thank you very much. 12 I just want to be clear. If those applications do 13 not come forward in the near future, those same 14 complaints will be able to be considered at their 15 next licensing period. Is that not correct? 16 PRESIDENT HINES: Yes, that is correct. 17 For their renewal, either revocation will be 18 revoked or renewal time by the appointment by 19 which people could oppose it. 20 ALDERMAN DUDZIK: Okay. Thank you. 21 PRESIDENT HINES: Any additional 22 questions or comments relative to File No. 090832? 23 Any addition motions? There's no further 24 discussion. If there is no further motions, I 25 would request a vote of those council members 31 1 present to approve the recommendations of the 2 Licenses Committee as contained in File No. 3 098832. Will the City Clerk please call the roll? 4 CITY CLERK: Alderman Hamilton. 5 ALDERMAN HAMILTON: Aye. 6 CITY CLERK: Davis. 7 ALDERMAN DAVIS: Aye. 8 CITY CLERK: Kovac. 9 ALDERMAN KOVAC: Aye. 10 CITY CLERK: Bauman. 11 ALDERMAN BAUMAN: Aye. 12 CITY CLERK: Bohl. 13 ALDERMAN BOHL: Aye. 14 CITY CLERK: Coggs. 15 ALDERWOMAN COGGS: Aye. 16 CITY CLERK: Donovan. 17 ALDERMAN DONOVAN: Aye. 18 CITY CLERK: Puente. 19 ALDERMAN PUENTE: Aye. 20 CITY CLERK: Murphy. 21 ALDERMAN MURPHY: Aye. 22 CITY CLERK: Dudzik. 23 ALDERMAN DUDZIK: Aye. 24 CITY CLERK: Witkowiak. 25 ALDERMAN WITKOWIAK: Aye. 32 1 CITY CLERK: Witkowski. 2 ALDERMAN WITKOWSKI: Aye. 3 CITY CLERK: Zielinski. 4 ALDERMAN ZIELINSKI: Aye. 5 CITY CLERK: Mr. President. 6 PRESIDENT HINES: Aye. 7 CITY CLERK: 14 ayes, 1 excused. 8 PRESIDENT HINES: 14 ayes, 1 excused. 9 The file is adopted. Is there any discussion on 10 any other items in the report? Seeing and hearing 11 none -- I'm sorry, the chair recognizes Alderman 12 Dudzik. 13 ALDERMAN DUDZIK: Thank you, Mr. 14 Chairman. Just record me as opposed to Item No. 15 1, File No. 090730, please. 16 PRESIDENT HINES: Thank you, let the 17 record reflect Alderman Dudzik's objection to Item 18 No. 1. Is there any further discussion on the 19 committee report? Seeing and hearing none, again, 20 Alderman Bohl moves for the adoption of the 21 recommendations of the Licenses Committee report. 22 Will the City Clerk please call the roll? 23 CITY CLERK: Alderman Hamilton. 24 ALDERMAN HAMILTON: Aye. 25 CITY CLERK: Davis. 33 1 ALDERMAN DAVIS: Aye. 2 CITY CLERK: Kovac. 3 ALDERMAN KOVAC: Aye. 4 CITY CLERK: Bauman. 5 ALDERMAN BAUMAN: Aye. 6 CITY CLERK: Bohl. 7 ALDERMAN BOHL: Aye. 8 CITY CLERK: Coggs. 9 ALDERWOMAN COGGS: Aye. 10 CITY CLERK: Donovan. 11 ALDERMAN DONOVAN: Aye. 12 CITY CLERK: Puente. 13 ALDERMAN PUENTE: Aye. 14 CITY CLERK: Murphy. 15 ALDERMAN MURPHY: Aye. 16 CITY CLERK: Dudzik. 17 ALDERMAN DUDZIK: Aye. 18 CITY CLERK: Witkowiak. 19 ALDERMAN WITKOWIAK: Aye. 20 CITY CLERK: Witkowski. 21 ALDERMAN WITKOWSKI: Aye. 22 CITY CLERK: Zielinski. 23 ALDERMAN ZIELINSKI: Aye. 24 CITY CLERK: Mr. President. 25 PRESIDENT HINES: Aye. 34 1 CITY CLERK: 14 ayes, 1 excused. 2 PRESIDENT HINES: 14 ayes, 1 excused. 3 The committee report is adopted. 4 Alderman Robert Donovan will now present 5 the report of the Public Safety Committee. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 1 STATE OF WISCONSIN ) ) SS: 2 COUNTY OF MILWAUKEE ) 3 4 5 I, KAREN RENEE, Court Reporter and 6 Notary Public in and for the State of Wisconsin, do 7 hereby certify that the above hearing was recorded by 8 me on December 22, 2009, and reduced to writing under 9 my personal direction. 10 I further certify that I am not a 11 relative or employee or attorney or counsel of any of 12 the parties, or a relative or employee of such attorney 13 or counsel, or financially interested directly or 14 indirectly in this action. 15 In witness whereof I have hereunder set 16 my hand and affixed my seal of office at Milwaukee, 17 Wisconsin, this 1st day of January, 2010. 18 19 20 _________________________________ Notary Public 21 In and for the State of Wisconsin 22 23 My Commission Expires: March 11, 2012. 24 25