00001
 1                       CITY OF MILWAUKEE  
     
 2                 UTILITIES & LICENSES COMMITTEE
     
 3   * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
     
 4   In the Matter of:
     
 5   URBAN, John A., Agent for "Le Cabaret, Inc.", request for
     the designation as a Center for the Visual and Performing
 6   Arts for "Club Paradise" at 813 South 1st Street. 
     
 7   * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 
 8                      COMMITTEE MEMBERS
 9                ALD. JAMES BOHL, JR. - Chairman
10              Ald. Joe Davis, Sr. - Vice Chairman
11                     Ald. Joseph A. Dudzik
12                    Ald. Terry L. Witkowski
13   
14     DEPARTMENT OF NEIGHBORHOOD SERVICES by PANDORA BENDER
15               HEALTH DEPARTMENT by KEVIN HULBERT
16               LICENSE DIVISION by JAMES COPELAND
17            POLICE DEPARTMENT by SERGEANT JOHN HOGAN
18         OFFICE OF THE CITY ATTORNEY by BRUCE SCHRIMPF
19                 Proceedings had and testimony given in 
         the above-entitled matter, before the UTILITIES & 
20       LICENSING COMMITTEE OF THE CITY OF MILWAUKEE, on 
         the 30th day of September, 2003, reported by Donna 
21       Gulczynski of Milwaukee Reporters Associated, Inc. 
22   
23   
24   
25   
00002
 1                    P R O C E E D I N G S
 2                 (NOTE:  All City Personnel Were Sworn Under 
 3       Oath Prior to These Proceedings.)
 4                 CHAIRMAN BOHL:  The last item for the 12th 
 5       District this afternoon is for John Urban, agent for 
 6       Le Cabaret, Inc., request for a designation as a 
 7       Center for the Visual and Performing Arts for Club 
 8       Paradise at 813 South 1st Street.  Good afternoon, 
 9       Mr. Whitcomb.  
10                 MR. WHITCOMB:  Good afternoon, Mr. Chairman.  
11                 CHAIRMAN BOHL:  Again, which one of you 
12       gentlemen is Mr. Urban?  
13                 MR. WHITCOMB:  To my right.  
14                 CHAIRMAN BOHL:  And, sir, you are?  
15                 MR. SIJAN:  Mark Sijan. 
16                 CHAIRMAN BOHL:  I'm sorry, Mark --
17                 MR. SIJAN:  Mark Sijan, S-i-j-a-n.
18                 CHAIRMAN BOHL:  Okay, Mr. Sijan, do you have 
19       an interest in the property here, or -- 
20                 MR. SIJAN:  Yes.
21                 CHAIRMAN BOHL:  You're here as a --
22                 MR. WHITCOMB:  Expert witness.  
23                 CHAIRMAN BOHL:  -- an expert witness.
24                 MR. WHITCOMB:  As required by the ordinance.  
25                 CHAIRMAN BOHL:  Okay.  We will ask that you 
00003
 1       gentlemen please raise your right hands, and we'll 
 2       swear you in.  
 3                 (Whereupon Mr. Urban and Mr. Sijan were 
 4       Sworn Under Oath.)
 5                 CHAIRMAN BOHL:  And Mr. Urban, I'm going to 
 6       ask you if you have received notice of today's meeting 
 7       with the possibility that this application could be 
 8       denied.  There's a lengthy neighborhood objection.
 9                 The possibility the application could be 
10       denied is for the following reasons:  Neighborhood 
11       objections to appropriateness of the location for a 
12       center for the visual and performing arts, -- And 
13       please forgive me for trying to read this fast. 
14                 MR. WHITCOMB:  We acknowledge receipt of the 
15       notice as dated September 30th -- as dated Tuesday, 
16       September 23rd, 2003.  
17                 CHAIRMAN BOHL:  Mr. Schrimpf, is that 
18       appropriate enough here, so I don't need to read the 
19       context? 
20                 MR. SCHRIMPF:  That's appropriate.  Counsel 
21       acknowledges it.  
22                 CHAIRMAN BOHL:  Okay.
23                 MR. SCHRIMPF:  We may disagree on other 
24       things today, but we won't disagree on that.  
25                 CHAIRMAN BOHL:  Health Department?
00004
 1                 MR. HULBERT:  No objection.
 2                 CHAIRMAN BOHL:  Neighborhood Services?
 3                 MS. BENDER:  No objection.  
 4                 CHAIRMAN BOHL:  And we have no police 
 5       reports.  
 6                 MR. SCHRIMPF:  Mr. Chairman, I would ask one 
 7       question, though.  
 8                 CHAIRMAN BOHL:  Go ahead.  Start us off.  
 9                 MR. SCHRIMPF:  The ordinance that governs 
10       this became effective on September 26th, 2003, and 
11       requires an application, and my question is --
12                 MR. COPELAND:  There is no application.  
13       There was the original letter from Mr. Whitcomb 
14       regarding his client's request.  
15                 MR. SCHRIMPF:  Well, sub four of the 
16       ordinance requires a formal application, and frankly, 
17       it follows pretty much the track of Chapter 90 when it 
18       comes to other types of applications, and it may be 
19       appropriate to have such a document executed by the 
20       applicant so that this matter can come before the 
21       committee in an intelligent kind of fashion.  
22                 CHAIRMAN BOHL:  You're indicating that that 
23       is required by the ordinance?  
24                 MR. SCHRIMPF:  Oh, yeah, an application is 
25       required.  
00005
 1                 CHAIRMAN BOHL:  Mr. Whitcomb, is there such 
 2       an application here before us?  
 3                 MR. WHITCOMB:  I'm not aware that such an 
 4       application even exists, but we filed our request 
 5       before this committee, as other licensees have in 
 6       the past, over the last five to seven years by letter 
 7       form.
 8                 We did have a hearing on June 10th, 2003.  
 9       It's held in committee.  I do believe that this matter 
10       is properly before the committee.  The committee's 
11       quite familiar with the applicant.  Its application 
12       has been on record, if its the same standard 
13       application, for the last seven years.  All the data 
14       contained therein is up-to-date, and the licenses, 
15       other than this license, have been renewed 
16       automatically for years.  I don't see any reason why 
17       we need to belabor these proceedings any further.  
18                 MR. SCHRIMPF:  No, this is a new application 
19       for a center for the visual and performing arts.  This 
20       isn't a renewal.  I mean they may have -- I fully 
21       agree they may have had a Class B, and that may have 
22       been renewed, but this is a new application for the 
23       center for the visual and performing arts.  
24                 MR. WHITCOMB:  Mr. Copeland, does there 
25       exist an application for the center?  
00006
 1                 MR. COPELAND:  No, and as I'll repeat again, 
 2       there was only a letter from you at your client's 
 3       request.  The ordinance, according to Mr. Schrimpf, 
 4       now requires an application.  We do not have one on 
 5       file.  
 6                 CHAIRMAN BOHL:  Mr. Copeland, does such -- 
 7       Is there -- Does such an application exist for an 
 8       individual who can come forward and apply, and they 
 9       have a specific designation or form for such a 
10       designation?
11                 MR. COPELAND:  Yes, it does.  
12                 CHAIRMAN BOHL:  Okay.  
13                 MR. WHITCOMB:  What is that form?  
14                 MR. COPELAND:  I don't have the number on it 
15       with me right now, Mr. Whitcomb.  It's down in our 
16       office.  I could get you one if you wanted, but, 
17       again, this ordinance also requires, if I'm not 
18       mistaken, a police background check.  
19                 MR. WHITCOMB:  Is this similar to the 
20       application and the background check conducted on 
21       regular license applications?
22                 MR. COPELAND:  Yes, it is.  
23                 MR. WHITCOMB:  Is there a need to duplicate 
24       what has already been done in this instance, given 
25       that this application has been --
00007
 1                 MR. COPELAND:  It has been the policy of the 
 2       License Division --
 3                 MR. WHITCOMB:  I was asking the chairman.  
 4                 CHAIRMAN BOHL:  Mr. Whitcomb, this is news 
 5       to me right now as well, too, in terms of the 
 6       application.  I'm certainly aware of the legislation 
 7       and the intent of the legislation.  I was not privy to 
 8       the fact that there was only an existing letter and 
 9       not anything else, nor was I privy to, up until this 
10       point, that there was not -- that there may be a 
11       police record that has not been provided for.
12                 I don't know if Mr. Urban -- You're telling 
13       me Mr. Urban is the existing agent of Le Cabaret, 
14       Incorporated at this location? 
15                 MR. WHITCOMB:  Yes, and has been for seven 
16       years.  
17                 CHAIRMAN BOHL:  I don't know -- Is there an 
18       existing police record that exists for this location 
19       or for Mr. Urban, I don't know.
20                 MR. COPELAND:  Regarding this renewal, when 
21       he filed a renewal, he went through the process and a 
22       police background check, and that is attached to his 
23       present renewal for his Class B tavern and cabaret.  
24                 MR. WHITCOMB:  That was renewed in July, 
25       though, right.
00008
 1                 ALDERMAN SANCHEZ:  Mr. Chair, maybe I can 
 2       shed some light on this.  
 3                 CHAIRMAN BOHL:  Go ahead, Alderman Sanchez.
 4                 ALDERMAN SANCHEZ:  It seems to me, at least 
 5       the last few months, the last three or four months, 
 6       Mr. Whitcomb and the agent have been before this 
 7       committee.  This committee has approved the renewal of 
 8       the Class B, essentially. 
 9                 CHAIRMAN BOHL:  It probably would be a Class 
10       B and cabaret, I assume.
11                 ALDERMAN SANCHEZ:  We all agree on that.  
12       And they were also at the time, based on my memory, 
13       here where we took this very issue up.  It just so 
14       happened that that coincided with this new ordinance 
15       that just took place in -- what was it, -- 
16                 CHAIRMAN BOHL:  The past -- the last cycle.  
17                 ALDERMAN SANCHEZ:  The last cycle, which 
18       means the last 30 days.  Now, let me -- let me just 
19       go on.  At that time this whole issue of the 12 
20       hundred square feet inside of an establishment I'm 
21       pretty sure didn't exist until this came into effect, 
22       but they have already been here before you, and the 
23       interesting thing here is that because this -- if you 
24       will, this new ordinance is so new, you know, I would 
25       say that, you know, some type of application form 
00009
 1       should have been put together.
 2                 Now, I will also say that if that form 
 3       also exists, knowingly in this case, being that 
 4       Mr. Whitcomb and his client have been here for the 
 5       last few months, they should have forwarded that to 
 6       Mr. Whitcomb's office if there's anything special 
 7       about the form.
 8                 I'd also say that if there's a form here, 
 9       that the form should be produced and see if there's 
10       anything different from the paperwork that's already 
11       been done, if you will give it to this committee.
12                 I came and testified before the committee.  
13       I talked to the neighbors, and if you remember what I 
14       said back then, it was very simple.  Back then when 
15       this place opened up about seven or eight years ago, 
16       there was some concerns.  The fact of the matter is 
17       that none of the neighbors that I've talked to, and 
18       they're very well organized in my area, had any 
19       objections with this establishment at all.  And today, 
20       you know, today we have -- You know, what are we doing 
21       today?  I mean they're on the 1:45 agenda.  Three 
22       hours later now we're talking about some form that 
23       either does or does not exist.  
24                 MR. WHITCOMB:  Why was my client in my 
25       office given a notice for a hearing today when it is 
00010
 1       now the position of the city, apparently, that we're 
 2       not properly before this committee?  
 3                 MR. COPELAND:  I'll answer that if I may, 
 4       Mr. Chairman. 
 5                 CHAIRMAN BOHL:  One second.  Mr. Whitcomb, 
 6       you have every right to be angry, and inasmuch as I 
 7       would prefer not to be here at 4:30 in this committee 
 8       room as well, too, let alone potentially hearing this 
 9       on some other occasion.  Now, I can tell you a couple 
10       things that I'm aware of of the legislation.  I 
11       believe, and unless I'm incorrect, the legislation 
12       does require a plan of operation.  
13                 MR. WHITCOMB:  That's right.
14                 CHAIRMAN BOHL:  Now, unless -- And I don't 
15       know if any one has been submitted, either.  
16                 MR. WHITCOMB:  It has.
17                 CHAIRMAN BOHL:  Does this -- The legislation 
18       has gone through multiple drafts, so there were 
19       amendments or changes to that.  I think that you're 
20       probably aware of those now.  Why you'd receive notice 
21       today without receiving information, something's 
22       wrong.  I mean there's an error on that.  I fully 
23       acknowledge that.  
24                 MR. SCHRIMPF:  Mr. Chairman, --
25                 CHAIRMAN BOHL:  One second, Mr. Schrimpf.  
00011
 1       The one question that I want to ask here at this point 
 2       is does the fact that they applied prior to the 
 3       enactment of the legislation grandfather them from the 
 4       requirements thereof?  
 5                 MR. SCHRIMPF:  No, because the legislation 
 6       is -- 
 7                 CHAIRMAN BOHL:  Prior to an action taken --  
 8                 MR. SCHRIMPF:  No.  The legislation is 
 9       prospective because it deals with procedure, and it's 
10       the procedure of this matter which, on and after 
11       September 26th, the date that the mayor signed this or 
12       at the time the mayor signed this, requires that a 
13       certain procedure be followed.  That procedure 
14       includes an application.  The application has to 
15       include what plans, if any, the applicant has to 
16       ensure underage persons are not served alcohol, what 
17       plans if any the applicant has to ensure that underage 
18       persons are not on the premises in violation of the 
19       curfew, off-street parking spaces available, whether 
20       or not the premises will make use of sound 
21       amplification equipment and what kind, security, 
22       orderly appearance and operation of the premises, 
23       other licenses that the applicant has that's attached 
24       to the premises, and other information that the 
25       committee may require.
00012
 1                 Even if the letter that counsel is referring 
 2       to is an application of sorts that covers the other 
 3       information that would normally be given, I kind of 
 4       doubt that this information -- and I haven't seen the 
 5       letter, but I kind of doubt frankly that that 
 6       information is in it.  
 7                 MR. WHITCOMB:  When did the mayor sign the 
 8       ordinance?  
 9                 MR. SCHRIMPF:  On September 26th.  
10                 MR. WHITCOMB:  And does it not take effect 
11       not until 10 days after publication after it's 
12       executed?  
13                 MR. SCHRIMPF:  No, it takes effect when it 
14       says so, and it says effective September 27th.  
15                 MR. WHITCOMB:  It has to be published in 
16       order to take effect, does it not?
17                 MR. SCHRIMPF:  This was published on 
18       September 26th.  
19                 ALDERMAN SANCHEZ:  Mr. Chair?  
20                 CHAIRMAN BOHL:  One second, Alderman 
21       Sanchez.  
22                 MR. WHITCOMB:  If it was signed by the mayor 
23       on September 26th, it could not possibly have been 
24       published on September 26th, and if it was, 
25       publication must run for 10 days before the law takes 
00013
 1       effect.  If that's the case, the law is not in effect 
 2       today.  
 3                 CHAIRMAN BOHL:  Well, you may know that 
 4       better than I, and Mr. Schrimpf, I'll ask for your   
 5       clarification on that matter.  
 6                 MR. SCHRIMPF:  I'm dealing with a certified 
 7       copy of it, and it says effective September 27th, 
 8       2003.  That's the day after publication.  
 9                 CHAIRMAN BOHL:  The day after publication is 
10       what we're being told, so it does apply.  This is 
11       cited for neighborhood objections.  Is there anyone 
12       here who is testifying in opposition to this license?  
13       And I would need a show of hands.  I don't see anyone 
14       here.
15                 Mr. Whitcomb, what I'm going to tell you is 
16       apologies in due deference because the legislation 
17       took a considerable amount of time, it went through a 
18       recess.  Your client has been waiting for a 
19       substantial period of time.  You deserve to have had a 
20       hearing here today, but unless the committee has 
21       everything before it from which to rule, I think that 
22       it is incomplete in terms of what we're going to hear.
23                 The one thing I'm going to say, or that I'm 
24       willing to do here at this time, Mr. Whitcomb, is if 
25       you have an expert that wants to testify to some 
00014
 1       faction here, and I assume he may be an art expert who 
 2       may be here to testify about art or whatever that may 
 3       be, that if you want to proceed with his testimony, 
 4       I'd be more than willing to take that right now.  We 
 5       will then hold this item.  We will have to hear it 
 6       three weeks from now.  You'll have the proper 
 7       notification, and if you want to talk to him for a 
 8       second, that's fine.  
 9                 ALDERMAN SANCHEZ:  Mr. Chair?
10                 CHAIRMAN BOHL:  Go ahead, Alderman Sanchez.
11                 MR. WHITCOMB:  Could anyone give me a 
12       reasonable estimation as to when this application will 
13       be processed so that this matter could be scheduled 
14       before this committee?  
15                 CHAIRMAN BOHL:  Mr. Copeland, if they were 
16       to get this back to you here sometime this week, can 
17       we assure Mr. Whitcomb that it will be on the next 
18       cycle?
19                 MR. COPELAND:  If he can get it to me 
20       tomorrow, I can put it in the computer, and it will 
21       kick out to the sergeant, he can run his background 
22       check and get it back to us, and we'll be ready.  
23                 CHAIRMAN BOHL:  For the next cycle.
24                 MR. COPELAND:  Yeah, next cycle.  
25                 CHAIRMAN BOHL:  The next U & L is October 
00015
 1       21st, Tuesday the 21st.  
 2                 MR. WHITCOMB:  Well, I'll have to take his 
 3       testimony today.  
 4                 CHAIRMAN BOHL:  Okay, that's fine.  I don't 
 5       have objections proceeding that way here.  There are 
 6       no neighborhood objections or objectors here.
 7                 Sir, if you could provide your -- Did you 
 8       get a copy of the application here?  
 9                 MR. WHITCOMB:  I did.  Thank you.  
10                 CHAIRMAN BOHL:  Again, my apologies on this.  
11       I think that you deserve a timely basis and -- 
12                 ALDERMAN DAVIS:  Mr. Chairman.
13                 CHAIRMAN BOHL:  Alderman Davis.
14                 ALDERMAN DAVIS:  I have a question for 
15       Mr. Copeland.  Mr. Copeland, is this department 
16       notification that's being sent out from the City of 
17       Milwaukee Office of the City Clerk with your signature 
18       on the bottom?
19                 MR. COPELAND:  Yes.
20                 ALDERMAN DAVIS:  And it clearly says in 
21       Paragraph D, the second to the last paragraph it says, 
22       "You may examine the application filed at this office 
23       during regular business hours prior to the hearing."
24                 MR. COPELAND:  Excuse me, Alderman Davis.  
25       This is the first letter.  I'm sorry, I apologize for 
00016
 1       that.  But when you look at what was sent to the 
 2       applicant about the objection, it's merged into a 
 3       form, and the form has that statement on it.
 4                 ALDERMAN DAVIS:  And this notice that we're 
 5       looking at right now, what is this notice that's 
 6       included in our committee pack?  Is this a notice 
 7       basically for committee members, or is this sent -- 
 8                 MR. COPELAND:  Yes.
 9                 ALDERMAN DAVIS:  -- out to the applicant?
10                 MR. COPELAND:  The top page is the notice 
11       sent to the applicant, the second and third page down 
12       is the notice of hearing sent to the applicant.  Are 
13       you following me?  
14                 ALDERMAN DAVIS:  Yeah.  I'm more concerned 
15       about the signature page.
16                 MR. COPELAND:  That goes with the first 
17       page.
18                 ALDERMAN DAVIS:  And that's what I was 
19       reading.
20                 MR. COPELAND:  The first page starts out 
21       with Tuesday, September 23rd, 2003.  It says committee 
22       meeting notice to Mr. Urban with his address.  It 
23       says, "You are requested to attend the hearing."  
24       That's the first page.  Normally most of our notices 
25       are one page, but because of the wording in here, --
00017
 1                 CHAIRMAN BOHL:  The length of the objection.  
 2       This is a notice that is sent to the applicant, --
 3                 MR. COPELAND:  Yes.
 4                 CHAIRMAN BOHL:  -- notifying him that today 
 5       at this date and time is the meeting.
 6                 MR. COPELAND:  And advises him what the 
 7       objections are, so when he shows up to the hearing, 
 8       he's fully aware of what the discussion will be.
 9                 ALDERMAN DAVIS:  Does your signature appear 
10       on that notice that's being sent out to the applicant, 
11       the second page?  
12                 MR. COPELAND:  Yes.
13                 ALDERMAN DAVIS:  And the reason why I raise 
14       that question is because of Mr. Schrimpf, and I'm 
15       trying to understand this process.
16                 Mr. Schrimpf, the second to the last 
17       paragraph states that any applicant, when this notice 
18       is sent out, prior to them appearing before this 
19       hearing, has an opportunity to see the application.  
20                 MR. SCHRIMPF:  Uh-hmm.
21                 ALDERMAN DAVIS:  Is that correct?  
22                 MR. SCHRIMPF:  Yup.
23                 ALDERMAN DAVIS:  So I would strongly 
24       encourage anybody who has something before this 
25       committee, and is appearing before this committee, 
00018
 1       take a look at your application before, because it's 
 2       not the city's responsibility to send out additional 
 3       applications.  We give you an opportunity and notice 
 4       you to say that you should review the application 
 5       before you appear before the committee.  I just wanted 
 6       to make that clarification, and -- I mean am I in the 
 7       right ballpark, Mr. Schrimpf?  
 8                 MR. SCHRIMPF:  Certainly.  The language that 
 9       you're referring to, I think, however, is not directed 
10       so much at the applicants who probably would have a 
11       copy of their application, but is directed at members 
12       of the public because it's an open record, and this is 
13       an open meeting, and the individuals who might be 
14       effected from the public are entitled to see those 
15       documents.
16                 The part of the problem that we have with 
17       this particular situation, I suspect, is that we had a 
18       pending application and the ordinance changed, and we 
19       sort of have to kind of get caught up with everything, 
20       so that's what's going on.
21                 ALDERMAN SANCHEZ:  Mr. Chair.  
22                 CHAIRMAN BOHL:  Go ahead, Alderman.
23                 ALDERMAN SANCHEZ:  Let me see if we can 
24       maybe just simplify this a little bit.  You know, 
25       interestingly enough earlier today we had a situation 
00019
 1       with Mr. Sendejo and him waiting essentially until the 
 2       last moment to reapply for his license.  In that case 
 3       what it did is it created a situation in which I 
 4       wasn't able to get ahold of my constituents and X, Y, 
 5       and Z.
 6                 The fact of the matter is, the last time 
 7       that we heard this issue was June.  You have the same 
 8       agent, nothing's changed.  I think that the police 
 9       department who does background investigations has had 
10       their time.  It's not, you know, whether it is or it's 
11       not.  When I receive this packet of information, I am 
12       assuming the job is complete, and the job is complete.  
13       And to have a document like this one here that has -- 
14       is not even a month old, -- the fact of the matter is 
15       it's not even a month old, this is a brand-new 
16       document, I would say that because it's new, because 
17       the ordinance has changed, let's hold this item for a 
18       half hour while you deal with this other one and have 
19       Mr. Whitcomb fill this out.  He can hand write it.
20                 I'm in full support, the neighborhood has no 
21       objections with this, and let's just take this up in a 
22       half hour, 45 minutes, and be done with it.  The 
23       parking's not going to change.  Remember, he's been 
24       here.  He was here in June.  I mean Summerfest hadn't 
25       even started yet.  And I mean to go through with this 
00020
 1       bureaucratic movement here, to put a delay, -- I mean 
 2       he's played by all the rules.  I think it's the fair 
 3       thing to do, and I'm in support by the way.  
 4                 CHAIRMAN BOHL:  Alderman, the only thing 
 5       that I will say with regard to that is even assuming 
 6       this application comes forward, I don't know if the 
 7       past application -- or this application is required to 
 8       meet a statutory 14-day notice, as what's already come 
 9       forward and considered adequate for that notice, first 
10       off.  That would be the first question.
11                 The second question that I would ask is 
12       whether or not we have the complete police report.  
13                 SERGEANT HOGAN:  You do.  
14                 CHAIRMAN BOHL:  We do have it.  
15                 SERGEANT HOGAN:  You do.  
16                 CHAIRMAN BOHL:  There is not one or --
17                 SERGEANT HOGAN:  There are no reported 
18       incidents on this location.  To this day there are 
19       still no reported incidents.  
20                 CHAIRMAN BOHL:  Okay.  So there is no police 
21       report.  
22                 MR. SCHRIMPF:  Mr. Chairman, let me just 
23       check that 14-day thing.  
24                 CHAIRMAN BOHL:  Mr. Schrimpf, the only thing 
25       that I'm asking is if what has been provided by them 
00021
 1       is suitable or not at this point.  
 2                 MR. WHITCOMB:  I can complete this inside of 
 3       15 minutes with the licensee, and the data we've 
 4       already presented to the committee by way of oral 
 5       statements at the last hearing.
 6                 ALDERMAN SANCHEZ:  Mr. Chair, again, the 
 7       purpose -- My office works very hard to allow the 
 8       people in those given areas -- 
 9                 CHAIRMAN BOHL:  Alderman, excuse me.  The 
10       one thing I can let you know is that -- I have no 
11       objection to doing that.  The one thing I do have to 
12       let you know is this.  I've got a previously scheduled 
13       neighborhood meeting at 6:30 p.m.  I need to be out of 
14       here.  And the one problem that I have with that is 
15       the application was withdrawn today, and I've got to 
16       go to 3401 North 76th Street, because this afternoon 
17       the person who was originally going to be appearing 
18       before BOZA is not going to be there, and I'm going to 
19       have neighbors who are going to show up and wonder 
20       what's going on when they start pounding on the door 
21       and then walk away.
22                 If we can hear this within that time, and I 
23       can get out of here by 6:00, assuming it moves on 
24       here, I'm more than favorable in doing that.  I don't 
25       have objections to that.  What I'm going to say right 
00022
 1       now is I want to hear this gentleman's testimony.  
 2       We're going to hold this right now.  If Mr. Whitcomb 
 3       wants to fill this out, and we move through this in an 
 4       adequate time, I have no objection in taking them 
 5       forward and just taking this matter up, okay?  First 
 6       off, sir, your name your and address for the record.  
 7                 MR. SIJAN:  Mark Sijan, S-i-j-a-n, 2601 
 8       South Delaware Avenue.  
 9                 CHAIRMAN BOHL:  Okay, Mr. Sijan, your 
10       testimony?  
11                 MR. WHITCOMB:  Sir, what is your occupation?  
12                 MR. SIJAN:  I'm an artist.  
13                 MR. WHITCOMB:  What kind of artist?  
14                 MR. SIJAN:  Fine artist, good artist.  
15                 MR. WHITCOMB:  And you produce artworks?  
16                 MR. SIJAN:  Uh-hmm.  
17                 MR. WHITCOMB:  What artworks do you produce, 
18       sir?  
19                 MR. SIJAN:  Sculptures and paintings.  
20                 MR. WHITCOMB:  And what medium in painting?  
21                 MR. SIJAN:  Acrylic on canvas.  
22                 MR. WHITCOMB:  And how long have you been so 
23       engaged?  
24                 MR. SIJAN:  I did my graduate work in 1970 
25       at UWM, and ever since then.  
00023
 1                 MR. WHITCOMB:  And that is your source of 
 2       livelihood?  
 3                 MR. SIJAN:  Uh-hmm, full time. 
 4                 MR. WHITCOMB:  Yes?  
 5                 MR. SIJAN:  Yes.  
 6                 MR. WHITCOMB:  And do any of your works -- 
 7       Are any of your works on display in the City of 
 8       Milwaukee?  
 9                 MR. SIJAN:  I have a piece at Midwest 
10       Express Center, the security guard in the front 
11       entryway, which is my dad, and Senator Kohl has a 
12       piece at the Cousin Center, which is a life-sized 
13       figurative sculpture.  It's a security guard in the 
14       lobby as well.  
15                 MR. WHITCOMB:  Do you have any pieces of 
16       your work on display nationally?  
17                 MR. SIJAN:  I've had over 40 one-man museum 
18       exhibitions in North America, all one-man shows, all 
19       with figurative sculptures.  
20                 MR. WHITCOMB:  And how long have you been 
21       engaged in being an artist as you've described?  
22                 MR. SIJAN:  Well, I might count under- 
23       graduate work, so it's been about 33 years.  
24                 MR. WHITCOMB:  And do you consider yourself 
25       to be recognized as an art expert?  
00024
 1                 MR. SIJAN:  Yes.  
 2                 MR. WHITCOMB:  And do you have your work 
 3       displayed at the location 813 South 1st Street?  
 4                 MR. SIJAN:  Yes.  
 5                 MR. WHITCOMB:  How many pieces of your work 
 6       are on display at that location?  
 7                 MR. SIJAN:  There are a number of pieces.  
 8       Three, four, five maybe.  
 9                 MR. WHITCOMB:  And how long have you had 
10       work on display at 813 South 1st Street?  
11                 MR. SIJAN:  Well, the pieces were made over 
12       five years ago, so I'm not sure.  It's been a long 
13       time, I think. 
14                 MR. WHITCOMB:  And have you been at that 
15       location recently?  
16                 MR. SIJAN:  Yes, I have.  
17                 MR. WHITCOMB:  And when was the last time 
18       you were there?  
19                 MR. SIJAN:  Today.  
20                 MR. WHITCOMB:  And were your works on 
21       display at that location?  
22                 MR. SIJAN:  Yes, they were.  
23                 MR. WHITCOMB:  Did you see other works of 
24       art on display at that location?  
25                 MR. SIJAN:  I was mesmerized by my own 
00025
 1       pieces.  I can't remember.  I guess there were other 
 2       works of art, yes.  
 3                 MR. WHITCOMB:  No further questions.  
 4                 CHAIRMAN BOHL:  Okay.  Mr. Schrimpf, do we 
 5       have an answer in terms of whether an existing 
 6       application -- Is this the application, or is this a 
 7       new application because it is post ordinance change?  
 8       I mean that --  
 9                 MR. SCHRIMPF:  Well, that latter question 
10       I'm not prepared to answer right now.  The 14-day 
11       matter I can go through.  
12                 CHAIRMAN BOHL:  Their initial application 
13       does go back here a couple months.  
14                 MR. SCHRIMPF:  Yeah, I understand that.  
15       90-5-3 references liquor and beer licenses.  This is a 
16       license for a center for the visual and performing 
17       arts.  The 14 days would not apply.  
18                 CHAIRMAN BOHL:  Okay.  Mr. Sijan, -- 
19       Question for Mr. Schrimpf or Mr. Copeland regarding 
20       the ordinance change.  The ordinance change stipulates 
21       that among the requirements for this designation would 
22       have to be either a 12 hundred square foot stage or 
23       recognized works of art.  
24                 MR. SCHRIMPF:  That's correct.  
25                 CHAIRMAN BOHL:  If I recall correctly, it 
00026
 1       does set up -- and I can be corrected.  Does it set up 
 2       a requirement for which -- or by which the works of 
 3       art would be deemed recognized works of art?  Is there 
 4       an art board or some other mechanism?  
 5                 MR. SCHRIMPF:  It says "before the licensing 
 6       committee by recognized experts or art critics."  The 
 7       witness testified that he is -- or describes himself 
 8       as an art expert.  
 9                 CHAIRMAN BOHL:  Okay.  Questions by 
10       committee for Mr. Sijan?  Questions by committee?  
11       Okay.  Mr. Whitcomb, we're going to hold this right 
12       now to the call of the chair.  You can go out, and you 
13       can fill that out, and assuming we can rectify this 
14       matter, -- 
15                 MR. SIJAN:  Can I be excused?
16                 CHAIRMAN BOHL:  Thank you, Mr. Sijan.  We're 
17       going to take up the item in the 13th District --
18                 ALDERMAN SANCHEZ:  May I be excused, 
19       Mr. Chair?  I mean unless you want me to stick around.  
20                 CHAIRMAN BOHL:  Do you need to use the hall 
21       pass to go to the bathroom again?  
22                 ALDERMAN SANCHEZ:  I'd like to talk with my 
23       daughter a little bit.
24                 CHAIRMAN BOHL:  Okay.  With that, Alderman 
25       Davis will move to hold to the call of the chair.  
00027
 1       Hearing no objection, so ordered.    
 2                 (Whereupon proceedings were temporarily 
 3       adjourned.)
 4                 CHAIRMAN BOHL:  This is a resumption of the 
 5       Utilities and Licenses Committee.  Just so you're 
 6       aware, we've got a quorum of three at this point.  
 7       It's now approximately 5:50 in the evening, for those 
 8       of our constituents who say we're always home by 3:00 
 9       or whatever.  
10                 MR. SCHRIMPF:  And you're on the 2:30 
11       agenda.  
12                 ALDERMAN DUDZIK:  No, 1:45 agenda.
13                 MR. SCHRIMPF:  Oh, I'm sorry, 1:45.
14                 CHAIRMAN BOHL:  Okay.  We do have an 
15       application filled out.  Because we don't have copies, 
16       I'm going to try to go over the pertinent parts, and 
17       Mr. Whitcomb, if you think I'm not saying something 
18       correctly here, you can correct me.
19                 In terms of the application, the legislation 
20       or the ordinance requests at least one stage larger 
21       than 12 hundred square feet or a collection of 
22       recognized works of art.  You have indicated you have 
23       both, or at least had a witness -- one gentleman who 
24       is at least self-described as an expert and indicates 
25       that his works of art are at the location.
00028
 1                 The hours of operation for underage, at 
 2       least as indicated, are Thursday and Friday.  We 
 3       should say underage meaning under legal age of 
 4       drinking and not underage in terms of minors.  
 5                 MR. WHITCOMB:  The terms of operation with 
 6       the designation -- 
 7                 CHAIRMAN BOHL:  Oh, we are holding this 
 8       right now.  Alderman Witkowski would move to 
 9       reconsider this item.  Hearing no objection, so 
10       ordered.  Thank you for your due diligence, Madam 
11       clerk.  Thursday, Friday, Saturday -- Thursday, 
12       Friday, 11:30 a.m. to 2 a.m.  Saturday, 7 p.m. to 
13       2:30 a.m.   
14                 MR. WHITCOMB:  Correct, bar closing time 
15       both nights.  
16                 MR. COPELAND:  Excuse me.  You said 11:30 
17       a.m. to 2 a.m.? 
18                 MR. SCHRIMPF:  You're bound by the curfew on 
19       that, Mr. Chairman.  
20                 CHAIRMAN BOHL:  And he will rectify that, 
21       and what he indicated is that it would not have 
22       individuals under the age of 18, so it would not be 
23       applicable.  
24                 MR. SCHRIMPF:  All right.
25                 MR. COPELAND:  Excuse me, Mr. Chair.  
00029
 1                 CHAIRMAN BOHL:  Mr. Copeland, go ahead.
 2                 MR. COPELAND:  I thought you said 11:30 a.m. 
 3       to 2 a.m.  
 4                 CHAIRMAN BOHL:  Yeah, that's what it 
 5       indicates here, 11:30 a.m. to 2 a.m.  That would be 
 6       just before lunch hour --
 7                 MR. WHITCOMB:  Right before lunch until the 
 8       following -- you know, bar time.  
 9                 CHAIRMAN BOHL:  Okay.  The legal occupancy 
10       limit, 250.  The plan to ensure -- Do you want to just 
11       summarize, or do you want me to read here?
12                 MR. WHITCOMB:  Read the question, and then 
13       I'll -- 
14                 CHAIRMAN BOHL:  Okay.  State your plans to 
15       ensure underage patrons are not served alcoholic 
16       beverages.  
17                 MR. WHITCOMB:  I'd write patrons, those 
18       under the age of 21 -- or those over the age of 21 
19       would be given wristbands.  Those wristbands, once 
20       removed, cannot be replaced.  There will probably be 
21       25 to 30 different colored wristbands so people can't 
22       collect them, and only those with wristbands will be 
23       served alcoholic beverages.  Anyone without a wrist- 
24       band will not be served anything of -- by any adult 
25       that are alcoholic beverages.  
00030
 1                 CHAIRMAN BOHL:  Okay.  The plans to ensure 
 2       that underage patrons will not drink alcohol while on 
 3       the premises.  
 4                 MR. WHITCOMB:  Only -- Those without wrist- 
 5       bands will be served beverages in containers that will 
 6       only contain non-alcoholic beverage.  They'll be 
 7       different from containers for adult beverages, so that 
 8       anyone holding an adult beverage cup that doesn't have 
 9       a wristband will be escorted out of the premises.
10                 There will be two security guards at the 
11       door, there will be eight inside.  If any patrons are 
12       seen exchanging the non -- or the over-21-cup with an 
13       underage-21-cup, they'll be asked to leave.  If any 
14       patrons are seen pouring drink from one cup to 
15       another, they'll be asked to leave.
16                 This is the procedure that has been used in 
17       other licensed establishments with the designation, 
18       and it's been quite successful in monitoring and 
19       keeping control of the proper sale of alcoholic 
20       beverages.
21                 CHAIRMAN BOHL:  Okay.  The stair system's 
22       not going to change from what it currently is.  Plans 
23       for security at the premises; two guards at the door, 
24       eight security guards inside.  Plans to ensure early 
25       appearance; I assume you're going to argue that there 
00031
 1       isn't -- there is one already.  
 2                 MR. WHITCOMB:  Good.  I mean --  
 3                 CHAIRMAN BOHL:  Okay.
 4                 MR. WHITCOMB:  As regards to the litter, 
 5       they police the area on a regular basis.  As regards 
 6       noise, it's an isolated and well-insulated building.  
 7       The music that's played inside is not so loud that you 
 8       cannot have a conversation inside.  
 9                 CHAIRMAN BOHL:  Okay.  All right.  I think 
10       that that's basically the pertinent items on the 
11       application as far as I read it.  I'll give it to 
12       Mr. Schrimpf, and if not, he'll give it the one-over.
13                 Mr. Whitcomb, in terms of the license 
14       itself, and this again will be open to Mr. Copeland, 
15       does the ordinance require -- does it require or just 
16       request that there be a separate lobby area where the 
17       alcohol is served.  
18                 MR. SCHRIMPF:  That applies to centers for 
19       the performing arts, Mr. Chairman.  
20                 CHAIRMAN BOHL:  Isn't that what they're 
21       applying for?
22                 MR. COPELAND:  Yes.  
23                 MR. SCHRIMPF:  Well, visual or performing 
24       arts.
25                 MR. COPELAND:  But in there it has a 
00032
 1       statement as to service in the lobby area.  
 2                 MR. SCHRIMPF:  Correct.  
 3                 MR. COPELAND:  Which it doesn't distinguish 
 4       between a center for visual arts or performing arts.  
 5       It applies to either type of establishment.  
 6                 CHAIRMAN BOHL:  Mr. Whitcomb, what -- 
 7       Frankly, that maybe ought to be a question that you 
 8       have in the future on that form as to -- if that is 
 9       the ordinance, how that will be mandated, but I'm 
10       going to ask you, -- 
11                 MR. WHITCOMB:  My understanding of the 
12       ordinance is that for customary seated theaters where 
13       there's actual seats, and there's a stage in front 
14       where there's a sit-down type of performing art center 
15       as opposed to one where people can stand or circulate, 
16       that if it's for the performing arts, the alcohol will 
17       be served in an area other than on the floor of the 
18       audience, but for the visual arts, or in that instance 
19       where there -- the alcohol would be -- could be served 
20       in the licensed area.
21                 In other words, at the Milwaukee Art Center 
22       you can walk around, or the Calatrava Museum, when 
23       they serve wine, you can walk through the area 
24       drinking wine, and you would not be restricted only to 
25       the lobby area of either of those establishments.
00033
 1                 My interpretation of it is -- for example, 
 2       at the Riverside, the establishment cannot have beer 
 3       vendors walking up and down the aisles serving drinks; 
 4       that the drinks would be served, you know, outside of 
 5       the seated theater area.  That's my understanding.  
 6                 CHAIRMAN BOHL:  Well, why don't we get an 
 7       opinion on that because -- 
 8                 MR. SCHRIMPF:  Well, sub C, Mr. Chairman, 
 9       says that, "At a center for the visual and performing 
10       arts that is also a theater, the service of alcohol 
11       beverages shall be incidental to the main function of 
12       the licensed premises as evidenced by the service of 
13       alcohol beverages no earlier than two hours before a 
14       given day's scheduled performance, no later than two 
15       hours after a given day's scheduled performance, and 
16       only in a designated lobby area."  
17                 MR. WHITCOMB:  And we're not a theater.  
18                 CHAIRMAN BOHL:  Does it say -- Say that 
19       again.  
20                 MR. SCHRIMPF:  "At a center for the visual 
21       and performing arts that is also a theater."  
22                 CHAIRMAN BOHL:  Okay.  That stipulates only 
23       if it is a theater then.  
24                 MR. SCHRIMPF:  Right.  
25                 CHAIRMAN BOHL:  Okay.  Mr. Whitcomb, is 
00034
 1       there anything else you would like to add in terms of 
 2       the intentions here?
 3                 MR. WHITCOMB:  No, Mr. Chairman.  This 
 4       establishment has been in the neighborhood for seven 
 5       years.  There hasn't been any problems whatsoever.  I 
 6       don't perceive any to occur in the future.  It's run 
 7       by professionals, people experienced, and there isn't 
 8       any objections from the neighbors, nor is there any 
 9       objection from the local alderman.
10                 I do believe that we've complied with the 
11       requirements of the ordinance, and we certainly meet 
12       the objectives and the intent of the ordinance in this 
13       regard.  
14                 CHAIRMAN BOHL:  Mr. Whitcomb, the question 
15       that I'm going to ask you relates to the wristbands.  
16       I imagine that you're going to say that there is a 
17       good chance that at some point or another there will 
18       be somebody who will attempt to abuse the alcoholic 
19       privilege system.  I know that you can't state 
20       specific circumstances unless we cross them.
21                 The issue is -- is showing up at a club, and 
22       you have a wristband that allows you to drink.  You're 
23       drinking and nursing a beer, that's one thing.  What 
24       type of recourse will you take to ensure that 
25       somebody, say, who isn't legal -- happens to be with a 
00035
 1       group of individuals who may be both of legal drinking 
 2       age and those who are not, wouldn't buy three or four 
 3       shots and circulate them amongst the group.  What type 
 4       of response are you prepared to take to prevent this 
 5       from happening.
 6                 MR. WHITCOMB:  Well, I think for this 
 7       establishment, because it does not have a tremendous 
 8       capacity, -- it isn't Miller Park where you can have 
 9       the same risks, you know, an adult buying an underage, 
10       a 20-year-old, a beer.  Now, with the security 
11       personnel inside, the patrons will know that they're 
12       under close observation, and they will not run the 
13       risk of being evicted, if you will.
14                 The wristband system has worked quite 
15       effectively and basically without error at the Eagle's 
16       Club where they have populations of anywhere from 15 
17       hundred to 3,000, where those with wristbands, the 
18       adults, buy beverages, and those without wristbands 
19       under the age of 21 do not, and there hasn't been any 
20       enforcement problems or really compliance problems.
21                 It's my impression that those who are under 
22       21 are appreciative of the ability to be in an adult 
23       enterprise, and they will not risk, you know, having a 
24       beverage or two to lose that privilege of being there.  
25       It just really has not been a problem at those 
00036
 1       establishments that now have the designation of 
 2       center for the performing arts, where you have a mixed 
 3       crowd of those over 21 and those between the ages of 
 4       18 and 21.  It just hasn't been a problem.  And I 
 5       think that the problem will be even less at this 
 6       establishment because the size is so small comparative 
 7       to the larger establishments.
 8                 CHAIRMAN BOHL:  Okay.  Questions by 
 9       committee?  
10                 ALDERMAN WITKOWSKI:  Mr. Chairman?
11                 CHAIRMAN BOHL:  Alderman Witkowski.
12                 ALDERMAN WITKOWSKI:  Just because I missed 
13       the first hearing because I wasn't elected yet, I 
14       assume that we're talking about -- I shouldn't assume.  
15       Let me ask.  As a center for the visual and performing 
16       arts, as I read the definition, what's the performing 
17       arts that will go on inside the establishment.  
18                 MR. WHITCOMB:  Dancing, exotic dancing.  
19                 ALDERMAN WITKOWSKI:  Okay.
20                 CHAIRMAN BOHL:  Any other questions?  
21       Mr. Schrimpf?  
22                 MR. SCHRIMPF:  Yes.  
23                 CHAIRMAN BOHL:  In terms of what is before 
24       us here, -- I guess I have no other question.  
25                 MR. WHITCOMB:  I neglected to make one 
00037
 1       statement which I was directed by my client to make, 
 2       and that is at the last hearing we had on June 10th, 
 3       it was the suggestion of the committee that to avoid a 
 4       legal entanglement as to whether or not state law, 
 5       city law applies, the city law -- or the state law 
 6       trumps, or whether the city law can regulate, and that 
 7       question subsequently was answered by Mr. Schrimpf of 
 8       the City Attorney's Office, it was suggested that the 
 9       appropriate stage be built to comply with the terms of 
10       the ordinance, which my client did at great expense, 
11       as opposed to becoming embroiled with Mr. Schrimpf as 
12       to the legal niceties of the -- 
13                 MR. SCHRIMPF:  What the heck, Mike, we've 
14       done that before.  
15                 CHAIRMAN BOHL:  Is there a motion by 
16       committee members?  
17                 ALDERMAN DUDZIK:  Move approval.  
18                 CHAIRMAN BOHL:  The motion by -- 
19                 ALDERMAN DUDZIK:  Nobody else will do it, so 
20       I'll do it.
21                 CHAIRMAN BOHL:  The motion by Alderman 
22       Dudzik is for approval of the application.  Is there 
23       any objection other than my own?  Hearing none, so 
24       ordered.
25                 I will just say for the record, and I think 
00038
 1       you probably know this, I have some grave concerns 
 2       that any establishment, notwithstanding how much they 
 3       try, that there will certainly be some abuses.  I 
 4       don't mean to suggest that you won't try and that a 
 5       majority of that wouldn't be curtailed or kept.
 6                 I think that it just becomes much more 
 7       difficult in a darkened circumstance as you would find 
 8       such as in a gentleman's club as opposed to in the 
 9       open light of the Pabst Theater, say, notwithstanding 
10       that if this moves forward, we would hope that we 
11       don't have any trouble.  
12                 MR. WHITCOMB:  The security at Pabst Theater 
13       may be more of the rent-a-cop variety.  The security 
14       at this establishment is more of a secret service type 
15       of variety, so I don't think there will be any -- 
16                 CHAIRMAN BOHL:  So you're going to feed the 
17       security just to keep them undercover and make certain 
18       that they're not conspicuous, huh? 
19                 MR. COPELAND:  Excuse me.  Before you leave, 
20       in this ordinance 81-17.7, which is the fee schedule, 
21       it states that the fee for this license shall be $225, 
22       and that it will expire along with your tavern- 
23       related. 
24                 CHAIRMAN BOHL:  So it will coincide with the 
25       current tavern cabaret.  
00039
 1                 MR. COPELAND:  Right.
 2                 MR. WHITCOMB:  Prorated?  
 3                 MR. COPELAND:  No, not prorated.
 4                 CHAIRMAN BOHL:  Now that we have that set, 
 5       thank you. 
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00040
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 2   STATE OF WISCONSIN)
                       )  ss:
 3   MILWAUKEE COUNTY  )
     
 4
 5   
 6                 I, DONNA GULCZYNSKI, of Milwaukee Reporters
 7       Associated, Inc., 5120 West Bluemound Road, Milwaukee,
 8       Wisconsin, certify that the foregoing transcript,
 9       consisting of pages 2 through 39 inclusive, is a
10       full and complete transcript of the proceedings taken 
11       in this cause.
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16                                                          
17                         Donna Gulczynski - Court Reporter
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21       Dated this        day of                , 2003
22       Milwaukee, Wisconsin
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