LICENSES COMMITTEE CITY OF MILWAUKEE * * * * * * * * * * * * * * * * * * * * * * * * * * In the Matter of: CLUB BARI Class "B" Tavern and Tavern Dance ROBERT F. CESARZ, Caesars World Enterprises, LLC, "CLUB BARI" 628 North Water Street * * * * * * * * * * * * * * * * * * * * * * * * * The above-entitled cause, taken under and pursuant to Section 804.05 of the Wisconsin Statutes, before KAREN RENEE, Court Reporter and Notary Public in and for the State of Wisconsin on July 11, 2011, commencing at 3:09 p.m. and concluding at 5:45 p.m. 2 1 A P P E A R A N C E S 2 MILWAUKEE CITY ATTORNEY'S OFFICE, by MR. ADAM STEPHENS, 3 200 East Wells Street, Room 800, Milwaukee, Wisconsin 53202, 4 appeared on behalf of Licenses Committee. 5 MILWAUKEE CITY ATTORNEY'S OFFICE, by MR. JAY ANTHONY UNORA, 6 200 East Wells Street, Room 800, Milwaukee, Wisconsin 53202, 7 appeared on behalf of Milwaukee Police Department, District 1, Captain Steve Basting. 8 ARENA LAW OFFICE, by 9 MR. ANDREW ARENA, 1110 North Old World 3rd Street, Suite 515, 10 Milwaukee, Wisconsin 53203, appeared on behalf of Club Bari. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 * * * * * 2 I N D E X 3 Examination: Page 4 Captain Basting................................... 12 5 Sergeant Randow................................... 59 Officer Laes...................................... 77 6 Officer Ferrell................................... 91 Mr. Morgese....................................... 100 7 Alderman Bauman................................... 112 Mr. Cesarz........................................ 114 8 Mr. Prodo......................................... 118 Mr. Kowalski...................................... 121 9 Mr. Felski........................................ 124 Mr. Salazar....................................... 131 10 Alderman Bauman................................... 133 Mr. Cesarz........................................ 140 11 Mr. Morgese....................................... 142 12 13 Made Part Of The Official Record: Page 14 Police Report For Habib Manjee, Lady Bug Club, LLC.............................................. 23 15 Submission By Mr. Arena On The Club Bari Security......................................... 32 16 Multiple-Page Submission By Mr. Arena That Has A Number Of E-Mail Pages That Have FUEL Milwaukee 17 On Top........................................... 44 May 24, 2010, Letter From Alderman Bauman To 18 Robert Cesarz.................................... 139 Club Bari Plan Of Operation With The Signature 19 Of Robert Cesarz................................. 139 20 21 22 23 24 25 4 1 TRANSCRIPT OF PROCEEDINGS 2 CHAIRMAN BOHL: Our last item on our 3 morning agenda is for Robert Cesarz, agent for 4 Caesars World Enterprises, LLC, Class B Tavern and 5 Tavern Dance Licenses renewal application for Club 6 Bari at 628 North Water Street. 7 Before we get any further, we have a 8 couple minutes here. 9 This is the continuation of the Common 10 Council Licenses Committee. It is approximately 11 3:20 in the afternoon. We are starting our 11:15 12 a.m. agenda. Robert Cesarz, we called the matter 13 here, even before we begin, I want to hear from 14 our city attorney, Adam Stephens, on the matter. 15 ATTORNEY STEPHENS: Thank you, Mr. 16 Chair. This matter has come before the License 17 Committee based on an order by Judge Mahoney in 18 the Milwaukee County Circuit Court. The Committee 19 may recall that this matter came before it some 20 time ago, and the licensee apprised the Committee 21 that he was not aware, did not have proper notice 22 of the hearing. Evidence in that argument was 23 presented in front of the Milwaukee Circuit Court. 24 The court agreed with the applicant. And so 25 today's hearing is actually a de novo hearing of 5 1 the renewal, first renewal hearing by this 2 applicant. So the previous hearing that occurred 3 before this body is null and void. 4 CHAIRMAN BOHL: Thank you. And then as 5 a result, Mr. Stephens, anything in that license 6 period is fair game before this body? 7 ATTORNEY STEPHENS: Absolutely. 8 CHAIRMAN BOHL: Past and current. 9 ATTORNEY STEPHENS: Whatever he was 10 noticed up for for today's hearing. 11 CHAIRMAN BOHL: Thank you. 12 Before we begin, I'm going to call a 13 contested hearing on this matter here. Call the 14 matter forward for Robert Cesarz, LLC, agent for 15 Caesars World Enterprises, LLC, Class B Tavern and 16 Tavern Dance License renewal application for Club 17 Bari at 628 North Water Street. 18 Good afternoon. Thank you all for your 19 patience here. I would ask here if the two 20 attorneys present would please state their 21 appearances. I hope that you understand that by 22 my calling a contested hearing, you will be 23 relegated to the 30 minutes per each side on this 24 particular matter. But if you could, Mr. Arena, 25 if you want to state your appearance here first? 6 1 ATTORNEY ARENA: Yes, thank you, Mr. 2 Chairman. Robert Cesarz, the agent, appears in 3 person with counsel, Andrew Arena. Also present 4 is a 50 percent shareholder, Mario Morgese. He is 5 also here in person and present and will be 6 offering testimony today. So if it's necessary to 7 put him under oath, we have no objection. We 8 acknowledge receiving the notice we're here today 9 to address. 10 CHAIRMAN BOHL: Thank you. 11 ATTORNEY UNORA: Assistant City Attorney 12 Jay Unora representing Milwaukee Police Department 13 District 1, Captain Steve Basting. 14 CHAIRMAN BOHL: Thank you. All right. 15 We will swear both of you gentlemen here forward. 16 And let me just ask, if I could see other 17 individuals that may be providing testimony in 18 this matter? Anyone who is present in the room 19 who will be providing testimony, we ask at this 20 time they raise their right hand at this time. 21 THE CLERK: Do you solemnly affirm under 22 the pains and penalties of perjury in the State of 23 Wisconsin that the testimony you are about to give 24 is the truth, the whole truth and nothing but the 25 truth? 7 1 ALL: Yes. 2 CHAIRMAN BOHL: Just so everyone is 3 aware, any closing statements will be relegated to 4 part of the time that is allotted, so we are aware 5 of that. That includes testimony that may be 6 provided by individuals who are either in favor or 7 support as part of that side. So I will try to 8 keep both attorneys relegated to the time 9 allotment at this point by giving you updates, but 10 I just want that to be an understanding well in 11 advance of this here, that will not include the 12 time for the reading of the police report, so just 13 so everyone is aware. You did provide notice to 14 individuals. 15 I'll ask the agent here if he can 16 provide me with a name and address for the record, 17 please? 18 MR. CESARZ: Robert Cesarz, 4958 South 19 20th Street, Milwaukee, Wisconsin 53221. 20 CHAIRMAN BOHL: Thank you. And Mr. 21 Cesarz, do you acknowledge -- as already has been 22 indicated, I'll ask you officially for the 23 record -- receiving notice of today's meeting with 24 the possibility the application may be denied? 25 MR. CESARZ: Yes. 8 1 CHAIRMAN BOHL: Thank you. We should 2 have no holds. At this time, Sergeant, I'll ask 3 you to proceed with the reading of the police 4 report, please. 5 SERGEANT RADEN: On 6/3/2010 at 1:23 6 a.m., Milwaukee police were dispatched to 628 7 North Water Street for a fight complaint. Once 8 there, police observed no patrons in the club and 9 the subjects involved in the fight were gone. 10 Police found that none of the bar's licenses were 11 posted, spoke with Robert Cesarz, who was able to 12 produce the license. Cesarz was advised that it's 13 a violation to not have licenses posted, and he 14 was cited for such. He was charged with display 15 of liquor license required with a finding 16 dismissed without prejudice on 9/15/2010. 17 On 10/2/2010 at 1:17 a.m., Milwaukee 18 police were dispatched to 618 North Water for 19 trouble with subject complaint. Officers were met 20 by a security guard identified as Shannon Haget 21 who stated he works for 618 Live and that they had 22 to physically restrain an intoxicated and 23 combative subject who came from Club Bari. Haget 24 stated that the subject was harassing patrons in 25 front of 618 Live and was asked to leave several 9 1 times but refused. At one point, the subject 2 attempted to physically assault the security 3 guards, and he was placed in handcuffs until 4 police arrived. Subject was cited for disorderly 5 conduct and released. 6 On 10/3/2010 at 1:41 a.m., Milwaukee 7 police responded to 618 North Water for a fight 8 complaint inside of Club Bari. The club's bouncer 9 told officers that there was no fight. The police 10 conducted a walkthrough and observed a group of 11 subjects rushing towards each other as if they 12 were going to fight. One patron became disorderly 13 and was issued a citation for disorderly conduct. 14 On 10/3/2010 at 11:45 p.m., Milwaukee 15 police conducted a license premise check at 628 16 North Water Street. A check of the club's 17 licenses were done and found that the Tavern Dance 18 was not posted. Police spoke to Robert Cesarz and 19 explained, due to the earlier fight, officers were 20 sent back to check for the possible tavern 21 violations that were observed. Cesarz was advised 22 of the violations found that he could be cited 23 for. 24 On 10/10/2010 at 2:10 a.m., an officer 25 called for assistance at 628 North Water with 10 1 units responding. Once additional officers were 2 on scene, they observed 100 to 200 subjects in the 3 street and on the sidewalk in front of Club Bari. 4 Officers broke up multiple fights, attempted to 5 clear people from the area who were loitering. 6 Subjects were heard yelling profanities and were 7 refusing to obey police orders to leave the area. 8 Numerous arrests were made and citations were 9 issued for disorderly conduct. One subject was 10 arrested for assaulting a police officer. Police 11 reviewed the camera pole at the intersection of 12 Water and Wisconsin that determined that as 13 patrons left Club Bari, the fighting in the 14 streets began. A total of 13 squads were used to 15 clear the area and restore order. 16 On 10/24/2010 at 1:56 a.m., Milwaukee 17 police were flagged down by security from Club 18 Bari for a fight complaint. Officers entered the 19 bar and found several fights taking place 20 throughout the tavern. Police could also smell a 21 large concentration of pepper spray and observed 22 patrons coughing and running out of the back door 23 of the building. Police spoke to Patrick Birch 24 who stated he was the head of security. Birch 25 stated he was attempting to break up a fight when 11 1 he was pepper sprayed by an unknown subject. 2 Police found there was no video surveillance 3 system in the business, which could have helped 4 with identifying the events that had occurred. 5 CHAIRMAN BOHL: I will provide you an 6 opportunity here shortly, Mr. Arena, if there are 7 any items that you wish to dispute, object to or 8 provide clarification on the police report as part 9 of your time. 10 At this point, what I will do is hear 11 from individuals who may be here to provide 12 testimony in opposition to the license. 13 So as part of that here, Mr. Unora, I 14 don't know if you have anything to provide to the 15 Committee in terms of any statements or specific 16 order of witnesses that you desire here? 17 ATTORNEY UNORA: Yes, Mr. Chairman, the 18 first thing, I was looking to see if there were 19 any citizens and asking if they should go first. 20 CHAIRMAN BOHL: Were there any citizens 21 who were sworn in or here in objection to the 22 license? A show of hands of anyone exists. Let 23 the record reflect that no one does acknowledge 24 that. 25 ATTORNEY UNORA: Then, Mr. Chairman, as 12 1 a brief roadmap of where I'm going, the 1st 2 District Police Department does object to the 3 renewal of this license. For that, I'm going to 4 bring forward to the Committee: Captain Basting 5 first; officer, I'm sorry, then Sergeant Randow; 6 Officer Ferrell, who is no longer the tavern car 7 in District 1; Officer Court; and then Officer 8 Leas. Basically, they're all here. The captain, 9 as the captain in the District, will give 10 testimony as to the normal operation of what he 11 does in District 1 regarding his interaction with 12 Club Bari; Sergeant Randow as the nighttime 13 sergeant and how manpower is relegated to this 14 area; and then the three officers for their actual 15 appearance at numerous instances that were recited 16 in the police report. So that's the order I'm 17 going. The first thing I would ask is Captain 18 Basting. 19 CHAIRMAN BOHL: You were previously 20 sworn in earlier today, Captain Basting? 21 CAPTAIN BASTING: That is correct. 22 CHAIRMAN BOHL: If you could provide us 23 with your name and your position within the 24 department, please, first? 25 CAPTAIN BASTING: Police Captain 13 1 Stephen, S-T-E-P-H-E-N, last name Basting, B as in 2 boy, A-S-T-I-N-G, and I am the commander of the 3 1st District. 4 CHAIRMAN BOHL: Testimony please. 5 ATTORNEY UNORA: Captain, how long have 6 you been the captain in District 1? 7 CAPTAIN BASTING: Since May of last 8 year. 9 ATTORNEY UNORA: And in your dealings 10 with the 600 block of North Water, are you 11 familiar with Club Bari? 12 CAPTAIN BASTING: Yes, sir. 13 ATTORNEY UNORA: What has been your 14 interaction with Club Bari specifically? 15 CAPTAIN BASTING: I've had to put a 16 disproportionate amount of police services in the 17 600 block of North Water Street relative to two 18 establishments on North Water. 19 ATTORNEY UNORA: And these two 20 establishments, are they close together in 21 location? 22 CAPTAIN BASTING: They are one 23 establishment apart; one business apart. 24 ATTORNEY UNORA: Is it unusual to have 25 two establishments of this size and this type that 14 1 closely related in your district? 2 CAPTAIN BASTING: Of that type, yes. 3 ATTORNEY UNORA: And when you say there 4 is "a disproportionate amount of manpower that you 5 assign to that area," why is that? 6 CAPTAIN BASTING: The capacity of both 7 establishments, I believe, is a little over 600. 8 I will routinely put police manpower there that I 9 would normally put up in an area that's got 3,000. 10 ATTORNEY UNORA: And did this decision 11 to assign manpower in this area come about 12 quickly? 13 CAPTAIN BASTING: There were some quick 14 decisions that had to be made that I could, that 15 will keep a lid on things on that block. Over 16 this past year, we're going through a process 17 where we're being more proactive in all of our 18 entertainment districts downtown. 19 ATTORNEY UNORA: And what led you to a 20 quick decision? 21 CAPTAIN BASTING: The quick decision is 22 the high level of disorder in the street. 23 ATTORNEY UNORA: And typically, when did 24 the disorder occur? 25 CAPTAIN BASTING: Either at or just 15 1 prior to closing time. 2 ATTORNEY UNORA: And when was the 3 highest concentration of this type of activity 4 from Club Bari? 5 CAPTAIN BASTING: As both establishments 6 were leaving, so at closing time. 7 ATTORNEY UNORA: Was there any one 8 specific incident that caused you more concern 9 than any others? 10 CAPTAIN BASTING: Well, initially, I was 11 led to believe that the establishment would be 12 operating under one business plan when, in fact, 13 it wasn't, and that led me to take a closer look 14 at what was going on on the 600 block of North 15 Water. And then because of incidents that 16 happened, with the police response, it was 17 disproportionate to people in the street. 18 ATTORNEY UNORA: What led you to believe 19 the plan of operation was going to be different 20 than what you wound up finding out? 21 CAPTAIN BASTING: The testimony that I 22 observed and watched that was to this Committee. 23 ATTORNEY UNORA: Have you actually been 24 in Club Bari yourself? 25 CAPTAIN BASTING: Yes, sir. 16 1 ATTORNEY UNORA: When you are in, were 2 in Club Bari, what did you experience in the club? 3 CAPTAIN BASTING: I experienced a 4 nightclub atmosphere. 5 ATTORNEY UNORA: Had you appeared there 6 only at night? 7 CAPTAIN BASTING: Yes. 8 ATTORNEY UNORA: Was there problems 9 during the daytime hours of this establishment 10 that you are aware of? 11 CAPTAIN BASTING: When it was open 12 during the day, no. 13 ATTORNEY UNORA: Currently, are you 14 aware if the establishment is open during the day? 15 CAPTAIN BASTING: It is not. 16 ATTORNEY UNORA: When it is open, what 17 are the typical hours and days? 18 CAPTAIN BASTING: Thursdays, Fridays, 19 Saturdays, typically, and that's, you know, there 20 are some additional days in there based on what's 21 going on, but it's late night hours. 22 ATTORNEY UNORA: And what type of 23 atmosphere is the establishment during the hours 24 that it is open? 25 CAPTAIN BASTING: Nightclub atmosphere. 17 1 ATTORNEY UNORA: The manpower that you 2 use to assign to this area, in your estimation, is 3 there a better deployment in your district if the 4 concerns that you had for this specific club were 5 addressed? 6 CAPTAIN BASTING: Yes. 7 ATTORNEY UNORA: In your opinion, in the 8 operating of the past license year for Club Bari, 9 do you recommend to this Committee that the 10 license be renewed? 11 CAPTAIN BASTING: No. 12 ATTORNEY UNORA: Can you give a specific 13 reason why to the Committee? 14 CAPTAIN BASTING: Based on items 15 contained in the police report during that 16 licensing period and items in the PA-33s. 17 ATTORNEY UNORA: No further questions at 18 this time, Mr. Chair. 19 CHAIRMAN BOHL: Questions by Committee? 20 Questions by Committee? Alderman Bauman. 21 ALDERMAN BAUMAN: Thank you, 22 Mr. President. 23 Captain Basting, during the occasion 24 that you personally observed the operation of Club 25 Bari on the inside, would you say that it operated 18 1 that is consistent with a Italian Chicago-style 2 sports lounge and grill with a sophisticated 3 upbeat atmosphere appealing to 30- to 40-year-old 4 professional clientele? 5 CAPTAIN BASTING: No, sir. 6 ALDERMAN BAUMAN: During the times that 7 you personally observed Club Bari on the inside, 8 would you say that it featured classic music 9 including big band-style and pop and rock old 10 school-style with piano bar and some musical and 11 other live music of prerecorded selection on the 12 remainder of the week? 13 CAPTAIN BASTING: No, sir. 14 ALDERMAN BAUMAN: Thank you. 15 CHAIRMAN BOHL: Follow-up questions, Mr. 16 Arena? 17 ATTORNEY ARENA: Thank you, Mr. 18 Chairman. I'll try to use the microphone today. 19 Now, Captain Basting, last October in 20 and around the incident of October 10th, you met 21 with Mr. Cesarz and Mr. Morgese in your office, is 22 that correct? 23 CAPTAIN BASTING: That's correct. 24 ATTORNEY ARENA: And how long was that 25 meeting? 19 1 CAPTAIN BASTING: It was very close to 2 an hour. 3 ATTORNEY ARENA: And were Mr. Morgese 4 and Mr. Cesarz open to taking your suggestions and 5 employing ideas you had so there wouldn't be 6 problems? 7 CAPTAIN BASTING: Yes, they were. 8 ATTORNEY ARENA: And one of those 9 problems or issues was that security should be 10 uniformed? 11 CAPTAIN BASTING: That was one of them, 12 yes. 13 ATTORNEY ARENA: And he did that at your 14 request, correct? 15 CAPTAIN BASTING: Yes. 16 ATTORNEY ARENA: And another concern was 17 something that you brought up that they shouldn't 18 use outside promoters? 19 CAPTAIN BASTING: Yes. 20 ATTORNEY ARENA: And did you ever 21 personally observe an outside promoter inside when 22 you were at that location? 23 CAPTAIN BASTING: Early on, yes, I did. 24 ATTORNEY ARENA: And did that cease and 25 stop after you had that meeting with these 20 1 gentlemen? 2 CAPTAIN BASTING: Yes, it did. 3 ATTORNEY ARENA: You had mentioned that 4 the capacity of these locations on the 600 block 5 and the other location we're talking about is 6 the -- 7 CAPTAIN BASTING: 655, 650. 8 ATTORNEY ARENA: We're talking about 618 9 Live, which is also known as Lady Bug or at one 10 time was Lady Bug? 11 CAPTAIN BASTING: Yes. 12 ATTORNEY ARENA: Do you know how long 13 Lady Bug has been in operation with a capacity of 14 650? 15 CAPTAIN BASTING: I do not. 16 ATTORNEY ARENA: Were they in business 17 prior to Club Bari opening? 18 CAPTAIN BASTING: That 650, that's 19 between both clubs. 20 ATTORNEY ARENA: That is. Do you know 21 what the specific capacity of Club Bari. 22 CAPTAIN BASTING: A little over 400, 23 480. 24 ATTORNEY ARENA: You're actually not 25 even close. It's 185, are you aware of that? 21 1 CAPTAIN BASTING: I'm sorry, Club Bari 2 is 170, yeah, 175. I thought you were referring 3 to 618. 4 ATTORNEY ARENA: No, I was talking about 5 Club Bari specifically. 6 CAPTAIN BASTING: Club Bari, yes. 7 ATTORNEY ARENA: And you've been 8 informed that they typically do not allow to even 9 get to capacity at Club Bari, is that correct? 10 CAPTAIN BASTING: That's correct. 11 ATTORNEY ARENA: Have you ever in your 12 personal observation when you've gone thought that 13 they were over capacity? 14 CAPTAIN BASTING: No. 15 ATTORNEY ARENA: Thank you. Now, you 16 are familiar, are you not, with what goes on at 17 Lady Bug and some of the issues in their police 18 report, correct? 19 CAPTAIN BASTING: Yes. 20 ATTORNEY ARENA: And I'm going to submit 21 into the record the committee meeting notice of 22 Tuesday, November 17, 2009, for Lady Bug. And I 23 just want you to tell us, and I know that the 24 Committee is aware of what's in this record, but I 25 just want you to tell us the number of incidents 22 1 that were reported in the police report for Lady 2 Bug Club and the year that they start and up until 3 the date that they finish and how many there are? 4 ATTORNEY UNORA: Your Honor, 5 Mr. Chairman, I'm going object to the submission 6 of the report as to answering this question. He 7 can only refer to his own knowledge. If he 8 doesn't have that knowledge, he can't support it 9 by a document that is not before the Committee at 10 this time. He can only reflect what's written in 11 that document, and we don't know if that's 12 accurate or not. So I'm objecting at this point. 13 ATTORNEY ARENA: Well, I'm -- excuse me. 14 CHAIRMAN BOHL: Mr. Arena. 15 ATTORNEY ARENA: Mr. Chairman, thank 16 you. I am putting that information before this 17 Committee. I think this Committee is full well 18 aware of that police report, and I believe that 19 the captain has testified based on his knowledge 20 of the area and what he has going on in the 600 21 block, and based on the capacity of these two 22 clubs together in the 600 block that he has to 23 employ resources in that area, and my question 24 goes to, who's the cause of the resources? And if 25 he's going to say that it's now only the cause of 23 1 Club Bari, I don't think that that's quite 2 accurate and not appropriate. 3 CHAIRMAN BOHL: I'm going to allow that, 4 with -- I'm going to ask you to be, to have some 5 brevity in directing those questions. That's 6 fine. 7 We'll have Alderman Zielinski move to 8 make the police report for Habib Manjee, Lady Bug 9 Club, LLC, part of our official record in this 10 proceeding. Are there any objections by the 11 Committee? Hearing none, so ordered. 12 Are you going to allow a submission of 13 this to be provided here to the captain, or are 14 you going to ask -- 15 ATTORNEY ARENA: I'm going to hand it to 16 the captain right now, let him look at it, answer 17 my simple question, and I'm going to move on from 18 this line of questioning. I understand that 19 brevity is important. I don't want to be the 20 cause of you guys missing dinner tonight. 21 CHAIRMAN BOHL: We're not going to make 22 dinner, but, please, move on anyway. 23 ATTORNEY ARENA: My question, Captain, 24 was, first off, and I'll break it down so it goes 25 faster and it's easier, how many incidents are on 24 1 the police report there for 618 Live? 2 CAPTAIN BASTING: 39. 3 ATTORNEY ARENA: And what year -- 4 CAPTAIN BASTING: I'm sorry, there is 5 one more page; 40. 6 ATTORNEY UNORA: Mr. Chairman, is this 7 relating to the license period we're talking about 8 now, or does this go beyond that? Because the 9 first date I saw was 2009. 10 CHAIRMAN BOHL: Mr. Unora, I'm going to 11 ask you not to interrupt. 12 ATTORNEY ARENA: I'm going to lay the 13 rest of that, I'm going to ask those questions, 14 Jay, okay? 15 In what year did those incidents start? 16 CAPTAIN BASTING: April 24, 1999. 17 ATTORNEY ARENA: And how many incidents 18 were the year of 2009 and 2010? I believe that 19 would be the last year that's on that report. 20 CAPTAIN BASTING: Okay. Starting in 21 February of 2009. 22 ATTORNEY ARENA: Just tell us how many 23 there are. 24 CAPTAIN BASTING: Ten, ending October 25 18, 2009. 25 1 ATTORNEY ARENA: Okay, so that was 2 February to October 2009. And then we have in 3 this matter, and it was your testimony that, and I 4 believe it's part of this committee meeting notice 5 today, that the report for this location, Club 6 Bari, lists that there are six items starting on 7 June 3, 2010, and ending October 24, 2010, is that 8 right? 9 CAPTAIN BASTING: I don't know. I'd 10 have to take your word for it. 11 CHAIRMAN BOHL: I will corroborate that 12 is the case on the police report. 13 ATTORNEY ARENA: The police report that 14 was written into the record, were you here and did 15 you listen to the police report written into the 16 record? 17 CAPTAIN BASTING: Yes. 18 ATTORNEY ARENA: Okay. And you were 19 familiar with that one item. And that one item 20 being Item No. 2, that there was a call from an 21 individual working at 618 North Water Street who 22 claimed that somebody was having a problem or 23 making a problem in his line and that that person 24 must have come from Club Bari, is that correct? 25 CAPTAIN BASTING: That's correct. 26 1 ATTORNEY ARENA: And that individual was 2 trying to gain entrance into 618 Live, I believe, 3 is that correct? 4 CAPTAIN BASTING: Correct. 5 ATTORNEY ARENA: What investigation was 6 there to determine if, in fact, that individual 7 was a patron or at Club Bari other than this 8 security guard, Mr. Haget, saying that? 9 CAPTAIN BASTING: I'm unaware of any 10 investigation relative to that. 11 ATTORNEY ARENA: Club 618 Live is almost 12 three times the size of capacity in the 600 block, 13 correct? 14 CAPTAIN BASTING: Correct. 15 ATTORNEY ARENA: And they are a draw and 16 they often have lines outside of their location, 17 is that correct? 18 CAPTAIN BASTING: That's correct. 19 ATTORNEY ARENA: Now, you've given 20 testimony here prior to today that you reviewed 21 the incident of 10/10/10, and you were not present 22 at 10/10/10, 2:10 a.m., Item No. 5 on the police 23 report, correct? 24 CAPTAIN BASTING: That's correct. 25 ATTORNEY ARENA: But you reviewed the 27 1 incident on the pole cam? 2 CAPTAIN BASTING: Yes, sir. 3 ATTORNEY ARENA: And the pole cam is 4 there to depict or record the images of what is 5 going on at a particular location, correct? 6 CAPTAIN BASTING: Yes. 7 ATTORNEY ARENA: When is the last time 8 you reviewed this video? 9 CAPTAIN BASTING: Prior to our last 10 hearing, a couple of months ago. 11 ATTORNEY ARENA: And would you agree 12 with me that this video depicts 618 Live letting 13 out over 15 minutes early and a large crowd 14 streaming onto the street of 618 Live? 15 CAPTAIN BASTING: Yes. 16 ATTORNEY ARENA: And the pole cam at 17 first is only showing that activity, people 18 leaving 618 Live? 19 CAPTAIN BASTING: Correct. 20 ATTORNEY ARENA: And eventually, the 21 people and the pole cam moved following the people 22 from 618 Live to the area of Club Bari? 23 CAPTAIN BASTING: Yes. 24 ATTORNEY ARENA: And, in fact, there is 25 not a line of patrons outside of Club Bari, is 28 1 there? 2 CAPTAIN BASTING: No, sir. 3 ATTORNEY ARENA: And these individuals 4 that were leaving 618 Live 15 minutes early -- and 5 by the way, do you remember if that was a Friday 6 night, Saturday night? Do you remember what night 7 of the week it was? 8 CAPTAIN BASTING: I do not. 9 ATTORNEY ARENA: Well, if they closed 15 10 minutes early and it says 2:10 a.m. is when 11 assistance was called, that probably was a weekend 12 night, correct? 13 CAPTAIN BASTING: Yes. 14 ATTORNEY ARENA: We can surmise that 15 from those facts? 16 CAPTAIN BASTING: Yes. 17 ATTORNEY ARENA: And what you actually 18 see is that these individuals streaming out of one 19 place are trying to gain entry into Club Bari, is 20 that right? 21 CAPTAIN BASTING: I do not recall that. 22 I know that 618 was exiting, the camera moves and 23 gets Club Bari exiting as well. 24 ATTORNEY ARENA: You actually -- what's 25 actually depicted, and you said this, there was no 29 1 line in front of Club Bari? 2 CAPTAIN BASTING: I believe not, no. 3 ATTORNEY ARENA: And Club Bari security 4 wears red shirts, is that right? 5 CAPTAIN BASTING: Not all of the time, 6 but, yes. 7 ATTORNEY ARENA: Green shirts, a solid 8 dark color? 9 CAPTAIN BASTING: Right. 10 ATTORNEY ARENA: And actually, what the 11 video depicts is that the security is standing in 12 the door not allowing this drawing of people from 13 618 Live entering Club Bari, is that right? 14 CAPTAIN BASTING: I would have to review 15 that again today. 16 ATTORNEY ARENA: Mr. Chairman, I did 17 bring the video with me. I think that it is an 18 important point. 19 CHAIRMAN BOHL: And Mr. Arena, I'll be 20 happy to, as part of your 30-minute timeframe, 21 allow you to play that. 22 ATTORNEY ARENA: I think he has given 23 testimony that he saw certain items on this tape 24 that I don't believe is here, and I don't think 25 that should be part of my 30 minutes. 30 1 CHAIRMAN BOHL: It is part of your 30 2 minutes. 3 ATTORNEY ARENA: It's their witness. 4 Okay, well, then I ask that we show the first two 5 minutes of this, and I'll take if off of my 30 6 minutes. I guess I have 28 minutes left. 7 CHAIRMAN BOHL: All right, that's fine. 8 ATTORNEY ARENA: And until that's ready, 9 I can go on to some other questions. 10 CHAIRMAN BOHL: Go ahead. 11 ATTORNEY ARENA: Now, Captain Basting, 12 you actually had an additional meeting recently 13 with Mr. Morgese and Mr. Cesarz, and myself and 14 Mr. Unora were present? 15 CAPTAIN BASTING: Yes. 16 ATTORNEY ARENA: And we discussed the 17 issues of what has been happening at Club Bari 18 since these incidents in the police report which 19 go back to October 24, 2010, October 10, 2010, 20 correct? 21 CAPTAIN BASTING: Correct. 22 ATTORNEY ARENA: And before this 23 Committee today, there are no additional PA-33s 24 added in this notice, correct? 25 CAPTAIN BASTING: Correct. 31 1 ATTORNEY ARENA: So since October of 2 2010, there have not been incidents at Club Bari 3 that have risen to the level that a PA-33 was 4 presented here to this Committee, correct? 5 CAPTAIN BASTING: Correct. 6 ATTORNEY ARENA: And Mr. Morgese 7 presented to you with his security plan, is that 8 correct? 9 CAPTAIN BASTING: Yes. 10 ATTORNEY ARENA: And I have copies of 11 that I'd like to submit into the record. I need 12 to know, is my entire cross examination being 13 taken off of my 30 minutes? 14 CHAIRMAN BOHL: No. 15 And I'll ask the assistant city 16 attorney, that is per your advice, correct? 17 Because otherwise, I'm going to get the attorney 18 questioning me. 19 ATTORNEY STEPHENS: Typically speaking, 20 the practice of the Committee has been that when 21 the license applicant offers evidence contrary to 22 the police report, because the police report is 23 not part of the 30 minutes, that you afford the 24 same opportunity to the license applicant. 25 However, it seems though that there is additional 32 1 evidence that is going aside from that. And it's 2 making it more and more difficult for the Chair 3 and the Committee to understand where, at what 4 point is the license applicant attacking the 5 testimony or the evidence that was offered by the 6 police report versus bringing up new issues. 7 CHAIRMAN BOHL: Correct. I'm going to 8 -- I may wind up stopping you and saying specify 9 in terms of testimony that is provided as opposed 10 to -- you can cross a fine line and literally 11 start to raise other issues to refute the police 12 report, which comes on your time versus testimony 13 provided by the captain. 14 ATTORNEY ARENA: Okay. 15 CHAIRMAN BOHL: I'm going to -- I'm 16 being generous right now; I may be reining in 17 soon. I'm just warning you of that. 18 ATTORNEY ARENA: I appreciate you 19 letting me know when it's -- 20 CHAIRMAN BOHL: We will have Alderman 21 Zielinski move to make the submission by Mr. Arena 22 on the Club Bari security part of our official 23 record in this proceeding. Hearing no objections 24 to that, so ordered. 25 Please proceed. 33 1 Say that out loud please. 2 THE CLERK: The disc cannot play. It's 3 data format; it needs to be video format. 4 ATTORNEY ARENA: Well, that was provided 5 by the police department, so whatever format they 6 provided to me is the format that it comes in. 7 ATTORNEY UNORA: I may have a disc that 8 will play. It should be the same thing. 9 CHAIRMAN BOHL: Is there a specific -- 10 now here is what I would ask, Mr. Arena, of you, 11 was there a specific timeframe? I don't know if 12 this was an hour submission where you have it 13 broken down to two minutes? 14 ATTORNEY ARENA: It's right at the 15 beginning. It's the first minute, not even two 16 minutes. 17 ATTORNEY UNORA: It should be. I 18 reviewed that this morning, so it should show. 19 CHAIRMAN BOHL: Why don't you continue 20 until we determine if it does play or not, Mr. 21 Arena, in the interest of time, for those 22 individuals who are here in waiting for the 23 afternoon agenda. 24 ATTORNEY ARENA: Captain Basting, how 25 many times have you yourself been present in Club 34 1 Bari? 2 CAPTAIN BASTING: Maybe a half-dozen 3 times since opening. 4 ATTORNEY ARENA: Do you keep with you a 5 list of music that tells you what a pop 40 song is 6 and what a top 40 is? 7 CAPTAIN BASTING: No, I don't. 8 ATTORNEY ARENA: So when you walk in 9 there and you hear a song, you don't know if it's 10 top 40 or popular dance necessarily at that 11 moment, is that right? 12 CAPTAIN BASTING: That's correct. 13 ATTORNEY ARENA: And do you write down 14 the songs and the artists that you're hearing to 15 go back and check out whether or not that is, in 16 fact, a top 40? 17 CAPTAIN BASTING: No, I do not. 18 ATTORNEY ARENA: Okay. Now, you -- you 19 gave some testimony in response to a question from 20 Mr. Unora, you made the statement that you 21 believed that this was not being operated within 22 the plan of operation. Did you review the plan of 23 operation when Club Bari opened back in October? 24 When you met with Mr. Morgese, did you review the 25 plan of operation? 35 1 CAPTAIN BASTING: Yes, Italian-style, 2 Frank Sinatra. I do know what Frank Sinatra would 3 sound like; that I do. 4 ATTORNEY ARENA: Do you review the 5 application that is submitted to the Council? 6 CAPTAIN BASTING: Not before it's 7 submitted to the Council, no. 8 ATTORNEY ARENA: Do you review the 9 application after it's submitted to the Council? 10 CAPTAIN BASTING: I had the opportunity 11 to this time, yes, and watched the testimony for 12 this Council. 13 ATTORNEY ARENA: We're just talking 14 about the application that's submitted, and what's 15 written in Page 3 and 4 is a bar and grill-style 16 lounge, is that right? 17 CAPTAIN BASTING: If that's what's 18 written there, yes. 19 ATTORNEY ARENA: Do you want me to show 20 it to you? 21 CAPTAIN BASTING: I've reviewed it, so 22 if that's a copy, I can't dispute that. 23 That's correct. 24 ATTORNEY ARENA: You're familiar with 25 the page that lists the types of music? 36 1 CHAIRMAN BOHL: Mr. Arena, I will 2 apologize and ask for you to utilize the 3 microphone. 4 ATTORNEY ARENA: I'm trying to, you 5 know, keep it going. 6 CHAIRMAN BOHL: I understand. You're 7 not having it count against you, but it does count 8 against the fact that it makes it easier for us to 9 have not only a written transcript but also a 10 video audio, audio video. 11 ATTORNEY ARENA: Okay. 12 CHAIRMAN BOHL: Audiovisual. 13 ATTORNEY ARENA: That's the official 14 submission or application and it marks off 14 15 different types of music, I believe, more than 16 five, right? 17 CAPTAIN BASTING: Yes. 18 ATTORNEY ARENA: Some of those are 19 popular music and dance, right? 20 CAPTAIN BASTING: Yes. 21 ATTORNEY ARENA: And was your testimony 22 that you don't keep a chart of music or don't know 23 who the artists are, so when you walk in there 24 yourself, you cannot say you personally have 25 observed music that is not checked off of those 37 1 categories, isn't that correct? 2 CAPTAIN BASTING: Well, I've personally 3 observed hip-hop music, and that is not checked 4 off on here. 5 ATTORNEY ARENA: But hip-hop music can 6 be in the top 40 category, can it not? 7 CAPTAIN BASTING: If you say so. 8 CHAIRMAN BOHL: I'll say so, it is. The 9 big dilemma is, not all hip-hop music is top 40. 10 Some of it is; some of it isn't. 11 SPEAKER: Should review that on roll 12 call. 13 CHAIRMAN BOHL: Are we going to go over 14 the Billboard top 40 list here? 15 ATTORNEY ARENA: Well, I don't think -- 16 CHAIRMAN BOHL: You have to also go back 17 to previous months and have a recollection as well 18 too if you're playing something that is four 19 months old that is no longer or was. 20 ATTORNEY ARENA: Now, you're familiar 21 with what the definition of tavern dance is, 22 whether it actually appears in the application, 23 correct? 24 CAPTAIN BASTING: Yes. 25 ATTORNEY ARENA: And tavern dance was 38 1 checked off in this application when you reviewed 2 it prior to this license being issued, correct? 3 CAPTAIN BASTING: Yes. 4 ATTORNEY ARENA: And tavern dance allows 5 for the playing of music and dancing and playing 6 music by a DJ, correct? 7 CAPTAIN BASTING: Yes. 8 ATTORNEY ARENA: And presumably, it 9 would allow playing of music that are checked off 10 within the 14 categories on that application that 11 you just saw, correct? 12 CAPTAIN BASTING: Yes. 13 ATTORNEY ARENA: Now, there has been a 14 statement here and a letter that's been read from 15 -- tell us, do you know what an Italian-style 16 sports lounge would be? 17 CAPTAIN BASTING: I believe I do. 18 ATTORNEY ARENA: That would a place that 19 would have somewhat of an Italian theme and 20 probably playing sports on a big screen? 21 CAPTAIN BASTING: Big screens, yes, 22 correct. 23 ATTORNEY ARENA: Club Bari has big 24 screens that play sports, correct? 25 CAPTAIN BASTING: Yes, they do. 39 1 ATTORNEY ARENA: And you're -- the times 2 that you have gone into Club Bari, have you ever 3 seen anything other than, oh, I don't know, ESPN 4 or sports being played on those screens? 5 CAPTAIN BASTING: There was a period of 6 time when they were not, but then they came back 7 after our meeting and played sports back again. 8 ATTORNEY ARENA: Back in October, the 9 October meeting? 10 CAPTAIN BASTING: Yeah, the October 11 meeting. 12 ATTORNEY ARENA: And that's been going 13 on since October 2010, so for almost eight to nine 14 months? 15 CAPTAIN BASTING: That's correct. 16 ATTORNEY ARENA: I believe that the 17 language that was cited by Alderman Bauman from 18 this letter talks about a Chicago-style sports 19 lounge. What is bar time in Chicago? 20 CHAIRMAN BOHL: That's an irrelevant 21 question. 22 ATTORNEY ARENA: Do you know what a 23 Chicago-style lounge would be? 24 CAPTAIN BASTING: I've been in 25 Chicago-style lounges. 40 1 ATTORNEY ARENA: And they probably play 2 music and have music and have dancing, don't they? 3 CAPTAIN BASTING: Yes, they do. 4 ATTORNEY ARENA: Are you familiar -- do 5 you review any of the information that's online or 6 advertised about a location? Do you do research 7 on a location? 8 CAPTAIN BASTING: We have in the past, 9 yes, prior to the October meeting. 10 ATTORNEY ARENA: And this is from a 11 website called FUEL Milwaukee that says, "Club 12 Bari brings Milwaukee a touch of Italian-style and 13 social sensibility, inspired by the city of Bari's 14 dusk-till-dawn party and restaurant scene. Club 15 Bari boasts an early bird happy hour --" 16 CHAIRMAN BOHL: I'm going to rule that 17 irrelevant to questioning here at this point. And 18 the reason is, that is a submission. If you wish 19 to submit that on your time, Mr. Arena, submit 20 that on your time. Your reading an article to the 21 captain is not relevant in my viewpoint in terms 22 of questioning. 23 ATTORNEY ARENA: Well, it's no different 24 than Alderman Bauman reading -- 25 CHAIRMAN BOHL: I'm making a ruling. 41 1 ATTORNEY ARENA: Okay. 2 CHAIRMAN BOHL: The ruling, unless it is 3 overruled by the Committee, stands. 4 ATTORNEY ARENA: All right. I will 5 submit all of this information as exhibits, and 6 I'll move on. 7 Were you aware that Club Bari has a 8 salsa night, still has a salsa night regularly? 9 CAPTAIN BASTING: I'm not aware of that. 10 ATTORNEY ARENA: What are the times of 11 day that you have been present at Club Bari? 12 CAPTAIN BASTING: Very late; after 13 midnight. 14 ATTORNEY ARENA: Have you ever been 15 there prior to midnight? Have you ever been there 16 at 5:00, 6:00 in the evening? 17 CAPTAIN BASTING: Usually not, no. 18 ATTORNEY ARENA: You have never been 19 there during the day? 20 CAPTAIN BASTING: When they first 21 opened. Of course, I work during the day 22 downtown, so I'm always going up and down Water 23 Street. 24 ATTORNEY ARENA: Now, you said in 25 response to a question from Attorney Unora that 42 1 you had dispersed personnel differently, but you 2 have to do it in a certain way because of two 3 locations on the 600 block of Water Street. 4 CAPTAIN BASTING: Yes. 5 ATTORNEY ARENA: And if -- you have 6 started apparently sometime this summer a special 7 enforcement, and what do you call that 8 enforcement? 9 CAPTAIN BASTING: Responsible 10 entertainment deployment. 11 ATTORNEY ARENA: And that is deployment 12 that goes to many entertainment districts? 13 CAPTAIN BASTING: Yes. 14 ATTORNEY ARENA: And that includes some 15 entertainment areas on Milwaukee Street? 16 CAPTAIN BASTING: Yes. 17 ATTORNEY ARENA: Old World Third Street? 18 CAPTAIN BASTING: Yes. 19 ATTORNEY ARENA: And North Water Street? 20 CAPTAIN BASTING: Yes. 21 ATTORNEY ARENA: And there is probably 22 even more than that too, I believe, North Avenue? 23 CAPTAIN BASTING: North Avenue, Brady 24 Street and The Third Ward. 25 ATTORNEY ARENA: And if you were going 43 1 to deploy individuals away from the 600 block of 2 Water Street, you would deploy them to those other 3 entertainment districts, correct? 4 CAPTAIN BASTING: Correct, based on 5 what's going on. 6 ATTORNEY ARENA: Do we have the video? 7 Does it work? 8 THE CLERK: Same issue. 9 ATTORNEY ARENA: Same issue, okay. 10 Well, I guess I would submit a copy of that video 11 to this Committee, and I would submit that it 12 clearly shows and depicts that what actually 13 occurred is individuals were not allowed to enter 14 from 618 into Club Bari, and those individuals 15 stared a physical confrontation over not being 16 allowed entry. And I have a witness who was 17 present and will testify to those events that he 18 personally observed. 19 CHAIRMAN BOHL: That's fine. At that 20 time, we will take the witness' testimony as it is 21 sworn testimony, Mr. Arena. 22 ALDERMAN ZIELINSKI: Mr. Chairman, for 23 clarification, we're taking the witness testimony, 24 but we're not going to admit the video if we 25 cannot view and use that, correct? 44 1 CHAIRMAN BOHL: Correct. 2 And at this time, Alderman Zielinski 3 would move to make the multiple-page submission by 4 Mr. Arena that has a number of e-mail pages that 5 have FUEL Milwaukee on top as part of our official 6 record in this proceeding. Hearing no objections 7 to that, so ordered. 8 ATTORNEY ARENA: Okay. I just have a 9 few brief matters to conclude here with the 10 captain. 11 Are you familiar with a location known 12 as Pizza Shuttle? 13 CAPTAIN BASTING: Yes. 14 ATTORNEY ARENA: Now, the name Pizza 15 Shuttle connotes that it's a pizza restaurant? 16 CHAIRMAN BOHL: Absolutely irrelevant at 17 this point. Not relevant. 18 ATTORNEY ARENA: Well, somebody is 19 saying we didn't follow the plan of operation, and 20 I have -- 21 CHAIRMAN BOHL: I'll -- 22 ATTORNEY ARENA: -- I have to have the 23 latitude to demonstrate that. 24 CHAIRMAN BOHL: Mr. Arena, I don't mind 25 your making the case that you are following the 45 1 submitted plan of operation for this location. 2 For you to ask the captain regarding other places 3 is not relevant in my viewpoint. And I will start 4 docking you time if you continue to proceed in 5 that line. 6 ATTORNEY ARENA: Okay. I'd like to 7 submit into the record the license investigation 8 unit report for Pizza Shuttle, for Molly Cool's 9 Seafood Tavern and for Scooter's. 10 CHAIRMAN BOHL: Is there a desire for 11 submission by a member of the council? 12 ALDERMAN KOVAC: I mean, sure, it's 13 dated, we already have it. I just want to state 14 just for the record, when the Pizza Shuttle stuff 15 happened a couple years ago, he wasn't even the 16 captain of District 1. I was the alderman of the 17 area, so you can discuss that if you want to. 18 ATTORNEY ARENA: Well, I'm submitting it 19 separately outside of his testimony right now. 20 ALDERMAN KOVAC: I'm just saying, asking 21 him questions -- 22 ATTORNEY ARENA: I'm not asking him 23 questions. 24 CHAIRMAN BOHL: I will just state, we 25 can have a motion, and if it's objected -- if 46 1 there is a desire for a motion, I'm going to tell 2 you on the record, I'm going to object. 3 ALDERMAN ZIELINSKI: I'm not going to 4 make the motion. 5 CHAIRMAN BOHL: No, this is an issue 6 where any alderman on the body can make a motion 7 to say, "I wish to accept." 8 ALDERMAN KOVAC: You don't want us to? 9 CHAIRMAN BOHL: I'm personally going to 10 object, but there has to be a majority that 11 objects. 12 ALDERMAN ZIELINSKI: I won't be going 13 to. 14 CHAIRMAN BOHL: You are or are not? 15 ALDERMAN ZIELINSKI: I'm not. 16 CHAIRMAN BOHL: Any other member wishing 17 to make a motion to accept this material? There 18 is no willingness to accept that material. And my 19 ruling will be that the material is not relevant 20 to the particular hearing that we have before us. 21 ATTORNEY ARENA: That's fine. It's 22 already actually been entered into evidence before 23 the court, so it's in. 24 CHAIRMAN BOHL: Well, that's my point. 25 ATTORNEY ARENA: But I would think that 47 1 you would want all of the information so that you 2 can make a fair, reasonable, just decision. 3 CHAIRMAN BOHL: What you submit as part 4 of your written objections is very different from 5 what this Committee deems as relevant evidence 6 with the particular establishment before us. It's 7 been submitting as part of your written 8 objections. It doesn't mean that this Committee 9 deems that it's relevant with the license 10 application before us. 11 ATTORNEY ARENA: Okay. Just one point 12 of clarification then. Mr. Chairman, if you don't 13 mind, could I have your indulgence and ask this 14 question? When we started out this hearing today, 15 Attorney Stephens had stated that this hearing was 16 proceeding as though the first one had never 17 occurred. 18 CHAIRMAN BOHL: Correct. 19 ATTORNEY ARENA: And we're talking about 20 information that was submitted with the written 21 objection as a result of the first hearing. 22 CHAIRMAN BOHL: Which is -- 23 ATTORNEY ARENA: Now, it's not before 24 the -- 25 CHAIRMAN BOHL: That's right. That's 48 1 right. And just because you submitted it as part 2 of your written objection to the finding of the 3 Common Council. 4 ATTORNEY ARENA: And -- 5 CHAIRMAN BOHL: My point in that is, 6 just because you submitted it to the court doesn't 7 mean that this body ever deemed it relevant in 8 terms of making that comparison. 9 ATTORNEY ARENA: But that is why I need 10 to submit it now, so that it's in the record, so 11 that it can be -- 12 CHAIRMAN BOHL: And I am -- there has 13 been no motion made, and I am making a judgment 14 from the Chair's position and saying that is 15 irrelevant to take as evidence, and there has been 16 no motion otherwise on the part of this particular 17 committee to accept that as relevant information 18 in this particular hearing. 19 ATTORNEY ARENA: Okay, thank you, 20 Mr. Chairman. I'll move on. 21 No further questions of Captain Basting. 22 CHAIRMAN BOHL: Mr. Unora. 23 ATTORNEY UNORA: Yes, briefly. Thank 24 you, Chair. 25 Captain, regarding the statement -- 49 1 CHAIRMAN BOHL: Were you finished with 2 the captain, or did you have redirect? 3 ATTORNEY UNORA: No, that's where I'm 4 going, thank you. 5 Regarding the statement Counsel Arena 6 made that said there was no incident that rose to 7 a PA-33 since October, do you believe that is 8 because of your redeployment of manpower to the 9 600 block of North Water Street? 10 ATTORNEY ARENA: I'll object, that's 11 irrelevant and possibly can't even be verified or 12 proven. The fact is, they don't exist. 13 CHAIRMAN BOHL: I'm going to allow him 14 to answer that question. So your objection will 15 be duly noted. 16 ALDERWOMAN COGGS: Can you repeat the 17 question? 18 ATTORNEY UNORA: Counsel Arena stated 19 that there was no incident that rose to the 20 submission of a PA-33 since October regarding Club 21 Bari, and I wanted to know if it was the captain's 22 opinion if that is because of his redeployment of 23 manpower to the 600 block of North Water. 24 ATTORNEY ARENA: I'll object, his 25 opinion is irrelevant. 50 1 CHAIRMAN BOHL: I'll allow his opinion. 2 CAPTAIN BASTING: I think it's twofold: 3 one, it is correct, based on our deployment, and 4 we are being more proactive down at Club Bari; and 5 two, the steps that your client took, together, I 6 think made a difference on the 600 block and North 7 Water. 8 ATTORNEY UNORA: Captain Basting, also 9 Attorney Arena asked you a question about 10 advertising on websites. Have you viewed any 11 advertisement on any websites regarding Club Bari? 12 CAPTAIN BASTING: Yes, I have. 13 ATTORNEY UNORA: And what did those 14 advertising on websites reflect to you? 15 CAPTAIN BASTING: Promoted hip-hop 16 events. 17 ATTORNEY UNORA: Were there any other, 18 other than what you would connote as promoted 19 hip-hop events that you witnessed? 20 CAPTAIN BASTING: This goes back prior 21 to that October, there may have been one or two. 22 ATTORNEY UNORA: And finally, there was 23 a submission by Counsel Arena about the security 24 for Club Bari, when did you first see this 25 submission? 51 1 CAPTAIN BASTING: Two weeks ago. 2 ATTORNEY UNORA: So that actually did 3 not happen during the license period? 4 CAPTAIN BASTING: They took some of 5 those steps, but I had not received a written 6 copy. 7 ATTORNEY UNORA: No further questions of 8 the captain. 9 ALDERMAN ZIELINSKI: I have a question 10 of the captain here. Earlier you mentioned that 11 the site promoted hip-hop events, what drew you to 12 lead to that conclusion? Did they actually use 13 the words hip-hop, for example? 14 CAPTAIN BASTING: The flyers, the type 15 of music that was played. 16 ALDERMAN ZIELINSKI: So it had the words 17 "hip-hop" on it? 18 CAPTAIN BASTING: I don't recall. 19 ALDERMAN ZIELINSKI: Something that 20 would lead you to -- 21 CAPTAIN BASTING: Yes, lead you to 22 believe they were promoting hip-hop. 23 ALDERMAN ZIELINSKI: Okay, thank you. 24 CHAIRMAN BOHL: Captain, if I may, one 25 follow-up question. Along with the redeployment 52 1 of resources, you make the submission that the 2 applicant before us here today met with you and 3 made some changes, and that has led to a reduction 4 to the point where you've had no PA-33s in a 5 period of eight months. Why is the department or 6 why are you officially here as having a stance of 7 objecting to the license? 8 CAPTAIN BASTING: What we still see are, 9 we've got Club 618 that's been spoke of here, they 10 have been proactive at their door and refuse entry 11 to people that have had issues in the past. What 12 my officers can provide direct testimony to is 13 people that are denied access to 618, routinely 14 will gain access into Club Bari. And the reason 15 that Club 618 will leave early is they will gauge 16 the temperament of both crowds, and that was a 17 concern I have, that the close proximity of these 18 two establishments, 618 will be proactive, and he 19 will let his group out early so that they have an 20 opportunity to leave before the other group would 21 exit. 22 CHAIRMAN BOHL: So one lets their 23 patrons out sooner than the other here in the 24 night? 25 CAPTAIN BASTING: Once in a while, not 53 1 all of the time, based on what 618 will see. 2 CHAIRMAN BOHL: But just raising a tough 3 question though, as long as any place does not 4 allow patrons to sit around after hours, what 5 relevance is it whether they let them out a 6 half-hour early or wait until five or ten minutes 7 before closing time to let them out in the 8 determination of the police department as to 9 whether or not the department is going to 10 officially take a stand to object to a license? I 11 mean, I could see if they are letting them out 20 12 minutes after the fact because then they are 13 violating the hours. But up to that point of 14 where the statutory requirement allows that 2:00 15 weeknights, 2:30 weekends, what relevance is it in 16 terms of who they allow in as long as they are not 17 generating police reports and creating those 18 problems as to why the department would, 19 yourself/department, to object to a license? 20 CAPTAIN BASTING: Based on what my 21 officers are seeing there, like I had mentioned, 22 one group lets out early so that they can leave 23 the area before the other club exits. Exiting 24 both crowds at the same time elicits a larger 25 police response from me typically than what I 54 1 would have to have in other areas. 2 Things have been better. We mentioned 3 this morning at our discussion how in the last 4 five weeks I have not had an aggravated assault 5 anywhere in my entertainment district. So I know 6 that putting consistent officers and being 7 proactive in all of those entertainment areas is 8 paying a dividend for us. But I do 9 disproportionately have to put officers down for 10 two clubs; whereas, typically, I would have the 11 same amount of officers on a Milwaukee Street or a 12 Brady Street. 13 CHAIRMAN BOHL: Okay. I just -- I think 14 that that's problematic. Then the police 15 department should be objecting to Summerfest, 16 because you send a lot of officers there, way 17 more. You should be objecting to, unfortunately 18 -- I mean, using that logic, you should be 19 objecting to Bastille Days, and a lot of other 20 things. I mean, as far as I can understand the 21 concern of more places the more you're going to 22 have to spend resources, but if they are legally 23 approved and as long as they are not violations, 24 more bodies meaning more people having to 25 disseminate shouldn't be the point at which the 55 1 department chooses to object to a license or not 2 object to a license. I just, I don't see the 3 logic in that; I just don't. 4 ATTORNEY ARENA: Mr. Chairman, could I 5 please ask a question? If you're not done, I 6 don't mean to interrupt. 7 CHAIRMAN BOHL: Go ahead. 8 ATTORNEY ARENA: Captain Basting, when 9 did you start the deployment of the -- I forget 10 what you called it, the entertainment zone 11 district? 12 CAPTAIN BASTING: After Labor Day. 13 ATTORNEY ARENA: Labor Day, so -- 14 CAPTAIN BASTING: Five weekends. 15 ATTORNEY ARENA: Do you mean Memorial 16 Day? 17 CAPTAIN BASTING: I'm sorry, Memorial 18 Day, correct. 19 ATTORNEY ARENA: You started it this 20 summer? 21 CAPTAIN BASTING: Yes. 22 ATTORNEY ARENA: And Club Bari has not 23 had an incident in its record or PA-33 since 24 October, much, a longer period than Memorial Day. 25 CAPTAIN BASTING: That's correct. That 56 1 doesn't mean I haven't had more deployment. 2 ATTORNEY ARENA: You said you saw some 3 flyers, are you talking about these flyers that 4 are in the record that have been put in the notice 5 that these promoted hip-hop events? 6 CAPTAIN BASTING: Yes. 7 ATTORNEY ARENA: Do you know who DJ 8 Infotech is? 9 CAPTAIN BASTING: No, I do not. 10 ATTORNEY ARENA: And techno is a type of 11 music, is it not? 12 CAPTAIN BASTING: I believe it is, yes. 13 ATTORNEY ARENA: And it's not hip-hop, 14 is it? It's not considered hip-hop to your 15 knowledge? 16 CAPTAIN BASTING: I wouldn't -- to my 17 knowledge. 18 ATTORNEY ARENA: Does the word "hip-hop" 19 appear on this, what's in the record? 20 CAPTAIN BASTING: I can't -- 21 ATTORNEY ARENA: Does that notice say 22 the word hip-hop on it anywhere? 23 CAPTAIN BASTING: This was the one that 24 you showed me. 25 ATTORNEY ARENA: Yeah, you can go to the 57 1 other one. Do either of those say hip-hop? 2 CAPTAIN BASTING: No, they do not. 3 ATTORNEY ARENA: Do you even know who DJ 4 Stretch or DJ Infotech is? 5 CAPTAIN BASTING: No, I do not. 6 ATTORNEY ARENA: Now, you said that -- 7 earlier you testified that 618 had 30-some odd 8 incidents in their police report, correct? 9 CAPTAIN BASTING: Correct. 10 ATTORNEY ARENA: And you're saying that 11 people that are enticed or brought to 618 but yet 12 not allowed into 618, so 618 attracts those people 13 to 600 North Water Street, is that not correct? 14 CAPTAIN BASTING: Correct. 15 ATTORNEY ARENA: And they are not 16 allowed in, so they, you believe, they then go to 17 Club Bari? 18 CAPTAIN BASTING: I've personally 19 witnessed that, yes. 20 ATTORNEY ARENA: Okay. Did anybody tell 21 Club Bari that 618 has not allowed them in, and is 22 that a legal impediment for them allowing somebody 23 into their club anyway? 24 CAPTAIN BASTING: It's not an illegal 25 impediment, no. 58 1 ATTORNEY ARENA: Did anybody put them on 2 notice, you know, this guy is not being allowed in 3 over there, did anybody from 618 go tell anybody 4 at Club Bari, don't let that person in, we're not 5 letting him in? 6 CAPTAIN BASTING: I'm not aware of that. 7 ATTORNEY ARENA: You did not witness 8 that? 9 CAPTAIN BASTING: I did not personally 10 do it. 11 ATTORNEY ARENA: You are aware that, and 12 you have been informed that Club Bari does have a 13 strict dress code? 14 CAPTAIN BASTING: Yes. 15 ATTORNEY ARENA: It is true, is it not, 16 that from your observation, the dress code is 17 enforced? 18 CAPTAIN BASTING: Yes. 19 ATTORNEY ARENA: Do these individuals 20 that leave 618, that you see that are barred from 21 618, do they meet the requirements of the dress 22 code at Club Bari, did they, if you can recall? 23 CAPTAIN BASTING: I can't recall. 24 ATTORNEY ARENA: No further questions at 25 this time. 59 1 CHAIRMAN BOHL: Thank you, Captain. 2 ATTORNEY UNORA: Next, will be Sergeant 3 Randow. 4 SERGEANT RANDOW: Sergeant Scott Randow, 5 R-A-N-D-O-W. I work in District No. 1, late 6 shift. I'm a street supervisor. 7 ATTORNEY UNORA: Sergeant, how long have 8 you been so assigned in that position? 9 SERGEANT RANDOW: Approximately 10 two-and-a-half years. 11 ATTORNEY UNORA: And what is your 12 experience regarding Club Bari in the 600 block of 13 North Water? 14 SERGEANT RANDOW: I have seen disorderly 15 subjects coming out. I've seen fights occur 16 outside. 17 ATTORNEY UNORA: Is this outside of Club 18 Bari, or outside of 618? 19 SERGEANT RANDOW: Outside of Club Bari 20 and 618. 21 ATTORNEY UNORA: Are you in charge of 22 assigning officers during your shift as to 23 manpower for response to crowds and disturbances? 24 SERGEANT RANDOW: Yes. 25 ATTORNEY UNORA: And how do you relate 60 1 the area of 600 North Water to the rest of your 2 district on a day-to-day occurrence? 3 ATTORNEY ARENA: I'm going to have to 4 object. That's irrelevant. 5 ATTORNEY UNORA: Well -- 6 ATTORNEY ARENA: You know, how are we 7 going to compare North Water Street to Old World 8 Third Street? Because there is business activity, 9 now the automatic scrutiny applies because they're 10 here to object to this license? 11 CHAIRMAN BOHL: Well, you know what, I 12 think, you are part of the tavern car here, or you 13 are a supervisor that has supervision over 14 multiple entertainment districts, and you 15 personally view multiple entertainment districts. 16 SERGEANT RANDOW: Correct. 17 CHAIRMAN BOHL: I'll allow it to 18 continue. 19 SERGEANT RANDOW: Could you repeat? 20 ATTORNEY UNORA: How does the 600 block 21 of North Water Street compare to other 22 entertainment districts in your deployment of 23 manpower on a day-to-day basis on Thursday, Friday 24 and Saturday nights? 25 SERGEANT RANDOW: Considering the 61 1 capacity size of the two taverns on the 600 block 2 of North water, it's equivalent to what we put in 3 the other areas on North Water where there is 4 approximately 3,000-capacity size. 5 ATTORNEY UNORA: And is this an ongoing 6 concern for you week in and week out, or is it on 7 certain occasions? 8 SERGEANT RANDOW: Every weekend. 9 ATTORNEY UNORA: And have you personally 10 been in Club Bari? 11 SERGEANT RANDOW: Yes. 12 ATTORNEY UNORA: And approximately what 13 time of day do you go into Club Bari when you're 14 there? 15 SERGEANT RANDOW: I work from midnight 16 to 8:00, so it's after midnight to bar close. 17 ATTORNEY UNORA: And what do you witness 18 when you are in Club Bari? 19 SERGEANT RANDOW: Just the nightclub 20 atmosphere. 21 ATTORNEY UNORA: Are they serving food 22 there anymore? 23 SERGEANT RANDOW: Yes, I have seen food 24 occasionally, like birthday cakes and stuff like 25 that. 62 1 ATTORNEY UNORA: Is there a restaurant 2 menu that you know of? 3 SERGEANT RANDOW: I don't know. 4 ATTORNEY UNORA: And regarding the 5 summation of the PA-33s that were part of the 6 record, were you at any of the incidents last fall 7 and October that are on this summation? 8 SERGEANT RANDOW: I was at the October 9 10, 2010. 10 ATTORNEY UNORA: So you went to that 11 scene? 12 SERGEANT RANDOW: Yes, I responded as 13 the backup. 14 ATTORNEY UNORA: Approximately what time 15 did you get there? 16 SERGEANT RANDOW: I don't know offhand. 17 ATTORNEY UNORA: What did you see when 18 you got there? 19 SERGEANT RANDOW: When I got there, 20 there was chaos in the middle of the street: 21 people fighting, officers trying to separate 22 fights. 23 ATTORNEY UNORA: Approximately how many 24 fights were going on at the time? 25 SERGEANT RANDOW: I believe I saw 63 1 approximately three fights -- 2 ATTORNEY UNORA: And -- 3 SERGEANT RANDOW: -- containing numerous 4 people. 5 ATTORNEY UNORA: And how many officers 6 responded to that incident, do you know? 7 SERGEANT RANDOW: I believe it was said 8 that there was 13 squads that responded. 9 ATTORNEY UNORA: How many personnel 10 would that approximate? 11 SERGEANT RANDOW: It depends on if there 12 are one or two in squads; probably 15 to 20 13 officers. 14 ATTORNEY UNORA: Is that a significant 15 deployment for your department at that time of the 16 evening? 17 SERGEANT RANDOW: Yes. 18 ATTORNEY UNORA: Since October, has 19 there been the need for you to deploy officers in 20 this area? 21 SERGEANT RANDOW: For disorderly 22 subjects and traffic control, yes. 23 ATTORNEY UNORA: Can you relate any of 24 those specifically to Club Bari? 25 SERGEANT RANDOW: I would be able to 64 1 relate it just in the 600 block of North Water and 2 both taverns. 3 ATTORNEY UNORA: Nothing further. 4 CHAIRMAN BOHL: Questions first by 5 Committee? None by Committee. I do have a 6 question, I wanted to see if the Committee had any 7 first. 8 Sergeant, you indicated that there were 9 fights and other disturbances, some of them 10 disorderly on this block. 11 SERGEANT RANDOW: Correct. 12 CHAIRMAN BOHL: Can you perhaps explain 13 why, for the department as to why no PA-33s were 14 ever written up if there are fights or disorderly 15 behavior? 16 SERGEANT RANDOW: After the 2010, the 17 October 2010? 18 CHAIRMAN BOHL: Correct. 19 SERGEANT RANDOW: I believe I stated 20 there was disorderly subjects, and traffic control 21 is what was needed. 22 CHAIRMAN BOHL: I specifically wrote 23 down "fights, disturbances." 24 SERGEANT RANDOW: That was on the 25 occasion of October 10, 2010. 65 1 CHAIRMAN BOHL: So subsequent to that, 2 no recollection of major fighting instances after 3 October? 4 SERGEANT RANDOW: I do not have any, no. 5 CHAIRMAN BOHL: Thank you. Mr. Arena, 6 or Alderman Bauman. 7 ALDERMAN BAUMAN: Thank you, Mr. Chair. 8 Sergeant, since approximately March of 9 2010, how many times have you been inside Club 10 Bari? 11 SERGEANT RANDOW: Since March, once. 12 ALDERMAN BAUMAN: Pardon? 13 SERGEANT RANDOW: Once. 14 ALDERMAN BAUMAN: So March 2010, you 15 have been inside the club once? 16 SERGEANT RANDOW: Oh, March 2010, no 17 I've only been inside the club; I've been outside 18 the club numerous times. 19 ALDERMAN BAUMAN: And when you are 20 outside of the club, are you in a position to 21 observe what's going on inside? 22 SERGEANT RANDOW: Prior to them putting 23 up shades on the windows, I was, yes. 24 ALDERMAN BAUMAN: And could you also 25 hear what was going on inside the club? 66 1 SERGEANT RANDOW: Yes. 2 ALDERMAN BAUMAN: During those times 3 that you were either inside or in a position to 4 observe or hear what was going on, did you observe 5 this club being operated as Italian Chicago-style 6 sports lounge and grill? 7 SERGEANT RANDOW: No. 8 ALDERMAN BAUMAN: Do you know what an 9 Italian Chicago-style sports bar and grill looks 10 like? 11 SERGEANT RANDOW: I have never been in 12 one, but I can assume. 13 ALDERMAN BAUMAN: Why would you say you 14 can assume? 15 SERGEANT RANDOW: I would think that it 16 would be an Italian atmosphere, maybe serving 17 Italian food. 18 ALDERMAN BAUMAN: Okay. And did you 19 notice if the crowd was a 30-to-40 age group? 20 SERGEANT RANDOW: No, it appeared to be 21 in the 20s. 22 ALDERMAN BAUMAN: On every occasion that 23 you've been either outside or inside Club Bari, 24 have you ever observed a crowd of the 30- to 25 40-year-old clientele? 67 1 SERGEANT RANDOW: Yes. 2 ALDERMAN BAUMAN: And what occasions 3 would that have been? 4 SERGEANT RANDOW: At the bar close, when 5 the groups come together, I have seen older 6 individuals. 7 ALDERMAN BAUMAN: Okay. And as far as 8 the music, have you ever heard classic music 9 including big band-style and pop and rock old 10 school-style with a piano bar being played? 11 SERGEANT RANDOW: No. 12 ALDERMAN BAUMAN: Is there a piano bar? 13 SERGEANT RANDOW: Not that I've 14 observed. 15 ALDERMAN BAUMAN: Thank you. That's all 16 I have. 17 CHAIRMAN BOHL: Mr. Arena. 18 ATTORNEY ARENA: Thank you, Mr. 19 Chairman. 20 Is it Sergeant Randow? 21 SERGEANT RANDOW: Yes. 22 ATTORNEY ARENA: When did you start in 23 your current job? I guess you're in charge of 24 deploying officers to locations. 25 SERGEANT RANDOW: As a sergeant, I 68 1 started in November of 2009. 2 ATTORNEY ARENA: And has that been the 3 work that you've been doing now that you are 4 talking about? 5 SERGEANT RANDOW: Correct. 6 ATTORNEY ARENA: And in November of 7 2009, did you have to deploy resources to the 600 8 block of North water Street? 9 SERGEANT RANDOW: Since then? 10 ATTORNEY ARENA: No, at that time, 11 November 2009, did you deploy resources to 618 12 Live when the Lady Bug was there? 13 SERGEANT RANDOW: I'm sure I did. 14 ATTORNEY ARENA: Lady Bug, it's already 15 been testified to, it's in the record, that there 16 was some 36 events over a number of years that I 17 presume required deployment of officers because 18 PA-33s were completed. Those activities that 19 caused those PA-33s are similar to what you're 20 talking about: disorderly and fights in the 21 street, correct? 22 SERGEANT RANDOW: I believe so. 23 ATTORNEY ARENA: And traffic? 24 SERGEANT RANDOW: Yes. 25 ATTORNEY ARENA: And you would agree 69 1 that, or are you aware that 618 Live or Lady Bug 2 has a capacity that I believe is over 600? 3 SERGEANT RANDOW: I believe it's in the 4 400s. 5 ATTORNEY ARENA: And this location, Club 6 Bari, is smaller than that, isn't it? 7 SERGEANT RANDOW: Correct. 8 ATTORNEY ARENA: Now, on October 10, 9 '10, did you establish where those individuals 10 were, what location they were patronizing, the 11 individuals that were fighting in the street that 12 you saw? 13 SERGEANT RANDOW: I was not able to, no. 14 ATTORNEY ARENA: Did you ask anybody 15 where they were? 16 SERGEANT RANDOW: I did not personally, 17 no. 18 ATTORNEY ARENA: Did you review the pole 19 cam video? 20 SERGEANT RANDOW: Yes, I did. 21 ATTORNEY ARENA: And is it your 22 testimony you saw six people fighting? 23 SERGEANT RANDOW: No. 24 ATTORNEY ARENA: Well, you said three 25 groups, so, what, how many people was it? 70 1 SERGEANT RANDOW: Three groups of 2 numerous people. 3 ATTORNEY ARENA: Okay. Would it be safe 4 to say that there is dispatch and deployment to 5 the area of 618 and activity outside of 618 in the 6 street on a regular basis, much more regular than 7 it is at Club Bari? 8 SERGEANT RANDOW: I would believe it's a 9 little bit more. 10 ATTORNEY ARENA: In fact, you've 11 required that many times the street actually gets 12 closed and no traffic is allowed to go through and 13 there are squads and paddy wagons in front of 618 14 Live, is that correct? 15 SERGEANT RANDOW: Well, in relevance to 16 where they are, they are right next to each other, 17 so to put in front of one versus the other, you 18 can't. 19 ATTORNEY ARENA: And your testimony is 20 based on being inside of this location twice since 21 March? 22 SERGEANT RANDOW: Correct. 23 ATTORNEY ARENA: How long were you 24 present in that location the first time? 25 SERGEANT RANDOW: Approximately 10, 15 71 1 minutes. 2 ATTORNEY ARENA: And do you keep a 3 normal list of songs that you think would be top 4 40 or popular dance music? 5 SERGEANT RANDOW: No. 6 ATTORNEY ARENA: Did you write down what 7 artists you heard and what type of music it was? 8 SERGEANT RANDOW: No. 9 CHAIRMAN BOHL: I believe you stated 10 that you think or assumed that an Italian-style 11 sports lounge would be, what you described I 12 think, is like an Italian restaurant, correct? 13 SERGEANT RANDOW: Similar. 14 ATTORNEY ARENA: And you're aware that 15 these gentlemen have applied for a tavern dance 16 license, correct? 17 SERGEANT RANDOW: Correct. 18 ATTORNEY ARENA: And that does allow a 19 nightclub atmosphere: DJ, dancing and those sorts 20 of activities, does it not? 21 SERGEANT RANDOW: Yes. 22 ATTORNEY ARENA: And when you have been 23 inside of this location, Club Bari, have you 24 witnessed uniformed security people? 25 SERGEANT RANDOW: The first time, I did 72 1 not; the second time, I did. 2 ATTORNEY ARENA: And you witnessed large 3 screen TVs playing sports the second time? 4 SERGEANT RANDOW: Yes, and that was 5 about a couple weeks ago. 6 ATTORNEY ARENA: And you heard popular 7 music, music that would be played or heard on the 8 radio when you were in this location? 9 SERGEANT RANDOW: I'm sure all music is 10 played on the radio at some point in time. 11 ATTORNEY ARENA: Typically, how many 12 officers do you assign to the 600 block of North 13 Water Street? 14 SERGEANT RANDOW: Right now, we start 15 out with four officers, and depending on needs of 16 how many people are there, we may go up to six 17 officers. 18 ATTORNEY ARENA: And how often have you 19 gone up to six officers since you started this 20 program on Labor Day (sic)? 21 SERGEANT RANDOW: I don't have specific 22 numbers. 23 ATTORNEY ARENA: And how often would you 24 say it's purely due to the clientele who are, I 25 presume, inside or at Club Bari? 73 1 SERGEANT RANDOW: Once again, I wouldn't 2 have specific numbers. 3 ATTORNEY ARENA: How often do you 4 observe a line of patrons waiting outside on the 5 street on the sidewalk waiting to get into 618 6 Live? 7 SERGEANT RANDOW: Several nights. 8 ATTORNEY ARENA: Several nights every 9 week? 10 SERGEANT RANDOW: No. 11 ATTORNEY ARENA: At least one night a 12 week? 13 SERGEANT RANDOW: Maybe one night a 14 week. 15 ATTORNEY ARENA: And do you ever observe 16 lines with patrons waiting to get into Club Bari? 17 SERGEANT RANDOW: Very seldom. 18 ATTORNEY ARENA: And then in your 19 experience, is it the line outside, people waiting 20 to get in, that create problems that require more 21 deployment? 22 SERGEANT RANDOW: It's actually at 23 closing time is when we require more deployment. 24 ATTORNEY ARENA: And 618 Live, or Lady 25 Bug, you agree is larger in capacity? 74 1 SERGEANT RANDOW: Correct. 2 ATTORNEY ARENA: They oftentimes have 3 lines of people waiting to get in? 4 SERGEANT RANDOW: Correct. 5 ATTORNEY ARENA: Club Bari is there with 6 less capacity, and they don't have lines, so the 7 deployment would really be because of the amount 8 of patrons going to Club 618 Live? 9 SERGEANT RANDOW: The deployment is 10 actually for the disorderly subjects. You can't 11 base that upon the line size. 12 ATTORNEY ARENA: Okay. But you're here 13 testifying saying that this license should not be 14 renewed for this one particular location because 15 of these reasons, correct? 16 CHAIRMAN BOHL: I don't know that he's 17 here on that behalf. He is here to provide 18 evidence. The department is making a case for the 19 captain. I don't believe that's the sergeant's 20 decision. 21 Sergeant, is it your decision in the 22 department? Does the department decide whether to 23 object because of you as a sergeant, or is it the 24 captain that makes the decision? 25 SERGEANT RANDOW: It would be because of 75 1 the captain. 2 CHAIRMAN BOHL: Thank you. 3 Please proceed and move forward. 4 ATTORNEY ARENA: How many people are 5 deployed on North Water Street? 6 SERGEANT RANDOW: Five. 7 ATTORNEY ARENA: And how many people are 8 deployed on Old World Third Street? 9 SERGEANT RANDOW: Two. 10 ATTORNEY ARENA: For the entire evening? 11 SERGEANT RANDOW: Correct. 12 ATTORNEY ARENA: How many people are 13 deployed on North Street, North Avenue? 14 SERGEANT RANDOW: Two. 15 ATTORNEY ARENA: Okay. And are you 16 saying that the capacities for locations on North 17 Water Street equals 3,000 people? 18 SERGEANT RANDOW: That would be from 19 Knapp Street down to roughly State Street on North 20 Water Street. 21 ATTORNEY ARENA: How many blocks is 22 that? 23 SERGEANT RANDOW: Three blocks. 24 ATTORNEY ARENA: Okay. What about 25 Milwaukee Street? 76 1 SERGEANT RANDOW: Milwaukee Street, I 2 believe there is two. 3 ATTORNEY ARENA: And as needed, these 4 resources are shifted from one location to 5 another? 6 SERGEANT RANDOW: Correct. 7 ATTORNEY ARENA: How many officers would 8 be deployed to the 600 block of North Water Street 9 and South Water in November of '09? 10 SERGEANT RANDOW: The 600 block of South 11 Water? 12 ATTORNEY ARENA: Yeah, isn't that South 13 Water or North Water? 14 SERGEANT RANDOW: For that, it's North 15 Water. 16 ATTORNEY ARENA: Yeah, where Lady Bug 17 was, how many were deployed back at that time? 18 SERGEANT RANDOW: I don't have that 19 number off the top of my head. 20 ATTORNEY ARENA: You start work, I 21 believe, at midnight, correct? 22 SERGEANT RANDOW: Correct. 23 ATTORNEY ARENA: So when you deploy 24 individuals to an area, it's from midnight on, 25 correct? 77 1 SERGEANT RANDOW: From midnight on, yes. 2 ATTORNEY ARENA: And in November of '09, 3 when you started, have you ever deployed more than 4 four people, let's say that first month, to the 5 600 block of North Water? 6 SERGEANT RANDOW: I can't recall that 7 far back. 8 ATTORNEY ARENA: Did you have to deploy 9 people to that area? 10 SERGEANT RANDOW: I'm sure I did. 11 ATTORNEY ARENA: No further questions. 12 CHAIRMAN BOHL: Thank you, Sergeant. 13 ATTORNEY UNORA: Nothing. 14 CHAIRMAN BOHL: Thank you. 15 ATTORNEY UNORA: Officer Laes. 16 OFFICER LAES: Police Officer Michael 17 Laes, M-I-C-H-A-E-L, last name Laes, L-A-E-S, my 18 employ is District 1, late shift. 19 ATTORNEY UNORA: Officer Leas, are you 20 familiar with the summaries of the PA-33s for Club 21 Bari that is before this Committee? 22 OFFICER LAES: Yes, sir. 23 ATTORNEY UNORA: And you were present 24 actually on several of these occasions, is that 25 correct? 78 1 OFFICER LAES: That's correct. 2 ATTORNEY UNORA: Specifically, Item No. 3 4 -- I'm sorry, 3, 4, 5 and 6, is that correct? 4 OFFICER LAES: Correct. 5 ATTORNEY UNORA: That would be the 6 October 3rd incident, the October 10th incident 7 and October 24th incident? 8 OFFICER LAES: Correct. 9 ATTORNEY UNORA: The October 10th 10 incident, could you please give the Committee a 11 description of what you witnessed that day? 12 OFFICER LAES: That day, an officer had 13 called for an assist. He was a one-man officer, 14 and he had a fight by 628 North Water, which is 15 Club Bari. He called for additional officers. I 16 and my partner were on the bicycle unit. We 17 arrived. We saw approximately 200 to 300 people 18 on the sidewalk and in the street actually 19 blocking traffic. At that time, additional 20 officers had arrived. I observed several fights 21 that were going on. I had a Taser with me, so I 22 deployed a Taser and tried stopping some of the 23 fights and having the crowd disperse. 24 ATTORNEY UNORA: Were you successful in 25 dispersing the crowd? 79 1 OFFICER LAES: I would say, yes. I also 2 noticed they had security for 618 that had a 3 canine, and the canine actually provided a lot of 4 help for us. 5 ATTORNEY UNORA: As to security for Club 6 Bari, did you notice any security that night? 7 OFFICER LAES: I cannot recall. 8 ATTORNEY UNORA: And your interaction 9 with the public that was out that evening, what 10 did you do to quell the disturbances? 11 CHAIRMAN BOHL: So you're aware, you're 12 around the four-minute mark. 13 OFFICER LAES: I'm sorry, what was that, 14 sir? 15 ATTORNEY UNORA: What did you do to 16 quell the disturbances that evening? Did you use 17 your Taser? 18 OFFICER LAES: No, I did not use my 19 Taser. I turned it on and I used the red light on 20 some of the subjects, which often scares them and 21 makes them disperse. 22 ATTORNEY UNORA: How did the crowd 23 interact with you that night? 24 OFFICER LAES: The crowd did not 25 interact too well with me. I actually got into a 80 1 fight with one of the females involved in the 2 fight, and I was injured. 3 ATTORNEY UNORA: How were you injured? 4 OFFICER LAES: There was a female that 5 took my helmet off of my head and threw me to the 6 ground and started scratching me in my face and my 7 chest area. 8 ATTORNEY UNORA: At approximately what 9 time was that that you were injured? 10 OFFICER LAES: I would say after 2:00. 11 I can't give you a precise time. I'd say around 12 2:30. 13 ATTORNEY UNORA: And reports from the 14 department that night were that Club 618 or Lady 15 Bug Club had dispersed at about 1:30 that evening, 16 its crowd, is that correct? 17 OFFICER LAES: Or probably before that. 18 I'll take your word for it. 19 ATTORNEY UNORA: No further questions. 20 CHAIRMAN BOHL: Questions by Committee? 21 What was the incident you were referring to here? 22 ATTORNEY UNORA: That's item No. 5., 23 10/10/10 at 2:10 in the morning. 24 CHAIRMAN BOHL: No other questions by 25 Committee? 81 1 Mr. Arena. 2 ATTORNEY ARENA: No. 3 ALDERMAN BAUMAN: Mr. Chair. 4 CHAIRMAN BOHL: Alderman Bauman. 5 ALDERMAN BAUMAN: Very quickly, Officer, 6 have you ever had occasion to be inside Club Bari? 7 OFFICER LAES: Yes, sir, I have. 8 ALDERMAN BAUMAN: How many occasions? 9 OFFICER LAES: I would say probably 10 about 15. 11 ALDERMAN BAUMAN: 15 occasions. On any 12 of those 15 occasions, did you observe an Italian 13 Chicago-style sports bar and grill in operation? 14 OFFICER LAES: I do not know what a 15 Chicago-style sports bar is, sorry. 16 ALDERMAN BAUMAN: Okay. Did you observe 17 what you thought to be an Italian sports bar and 18 grill in operation? 19 OFFICER LAES: No, I did not. 20 ALDERMAN BAUMAN: During those 15 21 occasions you were inside, did you ever hear 22 classic music including big band-style and pop and 23 rock old school-style with a piano bar being 24 played? 25 OFFICER LAES: No, sir, I did not. 82 1 ALDERMAN BAUMAN: Did you ever observe a 2 piano bar in the club? 3 OFFICER LAES: I do not believe they 4 have a piano bar, no. 5 ALDERMAN BAUMAN: Thank you. Nothing 6 further. 7 CHAIRMAN BOHL: Mr. Arena? 8 ATTORNEY ARENA: What are the times of 9 day in these 15 times that you were there in Club 10 Bari, what time of day is it? 11 OFFICER LAES: I work at 11:00 at night 12 to 7:00 in the morning. 13 ATTORNEY ARENA: So it's at least after 14 11:00? 15 OFFICER LAES: Or sometimes I do work 16 after 8:00 for a replacement until 2:00. 17 ATTORNEY ARENA: Were you ever in Club 18 Bari prior to 11:00 p.m.? 19 OFFICER LAES: One or two occasions, 20 yes, sir. 21 ATTORNEY ARENA: Now, you said you did 22 not observe a piano, have you -- you've never been 23 there prior to 11:00, you wouldn't know if a piano 24 player was engaged and brought in a portable piano 25 and played it, correct? 83 1 OFFICER LAES: Unless it's a portable; 2 otherwise, I don't think you can carry a big piano 3 inside a club. 4 ATTORNEY ARENA: I'm asking you if you 5 have ever observed a portable piano inside Club 6 Bari, no, you have not, that's correct? 7 OFFICER LAES: No, I guess I have not. 8 ATTORNEY ARENA: Now let's talk about 9 10/10. You said that this female, I guess, what, 10 did she beat you up, a female? 11 OFFICER LAES: A female beat me up, sir. 12 ATTORNEY ARENA: She pulled off your 13 helmet and threw you to the ground? 14 OFFICER LAES: Correct. 15 ATTORNEY ARENA: Do you know what the 16 dress code is at Club Bari? 17 OFFICER LAES: I am somewhat familiar 18 with it, yes. 19 ATTORNEY ARENA: And how was this female 20 dressed? Did she face you and pull your helmet 21 off of your head or -- 22 OFFICER LAES: She actually got into a 23 fight with my sergeant, and I had responded and 24 she ran back into the crowd. We tried to detain 25 her, and that's when the fight occurred. 84 1 ATTORNEY ARENA: What was her attire? 2 OFFICER LAES: I believe it was jeans 3 and a tight-fitting shirt. 4 ATTORNEY ARENA: What kind of blue jeans 5 were they? 6 CHAIRMAN BOHL: All right, you know 7 what, what kind of underwear am I wearing, 8 Mr. Arena? 9 ATTORNEY ARENA: He is saying that he 10 remembered certain items, I have a right to cross 11 examine him to find out what he remembers. 12 CHAIRMAN BOHL: All right. The Chair is 13 ruling that there is absolutely no relevance on 14 the type of jeans that they have: Levis, Lee, 15 Calvin Klein, designer, not designer-type, baggy. 16 ATTORNEY ARENA: It is relevant because 17 my client -- 18 CHAIRMAN BOHL: It isn't relevant. When 19 I say it's not relevant, it's not relevance. It's 20 not relevant. Please move on. 21 ATTORNEY ARENA: He has a dress code. 22 He'll testify to what his dress code is, so it's 23 important to know what she was wearing. That's 24 it. 25 CHAIRMAN BOHL: He said jeans. 85 1 ATTORNEY ARENA: Did you ascertain what 2 location this individual was a patron of? 3 OFFICER LAES: She was from Club Bari. 4 ATTORNEY ARENA: How do you know that? 5 OFFICER LAES: She had tried going back 6 in there saying she had left something in there. 7 ATTORNEY ARENA: Really. What did she 8 leave in there? 9 OFFICER LAES: I don't recall. I think 10 she said maybe her purse. 11 ATTORNEY ARENA: Was she allowed to go 12 back in there? 13 OFFICER LAES: No. The bar was closed, 14 and we told her not to come back. 15 ATTORNEY ARENA: Did anybody from Club 16 Bari come and bring you a purse and say that this 17 belonged to this woman that just beat your ass? 18 ATTORNEY UNORA: Objection. 19 CHAIRMAN BOHL: All right. You know 20 what, Mr. Arena, that is not appropriate. You're 21 asserting political commentary in there that, 22 frankly, is not warranted. 23 ATTORNEY ARENA: Did you draft the 24 PA-33, Item No. 5? 25 OFFICER LAES: No, I did not write the 86 1 PA-33, sir. 2 ATTORNEY ARENA: Did you write a report? 3 OFFICER LAES: I was injured, so the 4 protocol for being injured is another officer 5 writes it. 6 ATTORNEY ARENA: Now, what we have on 7 the PA-33 here does not mention anything about 8 some woman claiming that she left stuff inside of 9 Club Bari that was involved in this altercation 10 with you. 11 OFFICER LAES: Okay. I don't know why 12 it was not put in there. 13 ATTORNEY ARENA: You've been in there, 14 and you've observed music. Do you write down what 15 type of music that you hear and who the artist is 16 that's playing? 17 OFFICER LAES: No, I don't have time to 18 write down what music. 19 ATTORNEY ARENA: And you concede or 20 admit you don't know what an Italian-style sports 21 bar and grill is? 22 OFFICER LAES: No, sir, I don't know 23 what that is. 24 ATTORNEY ARENA: You're aware that this 25 location has been issued and does have a tavern 87 1 dance license, correct? 2 OFFICER LAES: Correct. 3 ATTORNEY ARENA: And that does allow DJ 4 dancing? 5 OFFICER LAES: Correct. 6 ATTORNEY ARENA: Were you working on 7 this shift or in this area prior, around November 8 2009? 9 OFFICER LAES: Yes, I was. 10 ATTORNEY ARENA: Were you dispatched to 11 600 North Water Street in the year of 2009? 12 OFFICER LAES: It's hard to remember. 13 I'm sure I was dispatched there. 14 ATTORNEY ARENA: Did you observe 15 disorderly patrons and issues going on outside of 16 618 Live prior to September of 2009? 17 OFFICER LAES: Yes, I noticed fights, 18 disorders. 19 ATTORNEY ARENA: And that would be 20 related to 618 Live, correct? 21 OFFICER LAES: Correct. 22 ATTORNEY ARENA: Now, Item No. 5, you 23 were on a bike patrol, I think you said, right? 24 OFFICER LAES: Correct. 25 ATTORNEY ARENA: And you were asked to 88 1 come and assist, so you rode up after whatever had 2 started, had already started, correct? 3 OFFICER LAES: Yes, I was a half-block 4 away. 5 ATTORNEY ARENA: Did you make any 6 observations that these people weren't trying to 7 gain entry to Club Bari and were being denied 8 entry to Club Bari? 9 OFFICER LAES: I noticed several people 10 trying to get back into Club Bari. 11 ATTORNEY ARENA: When you say "back 12 into," what do you mean by that? You were several 13 blocks away, how do you know they were ever in 14 Club Bari? 15 OFFICER LAES: I said I was a 16 half-block, and I went over there, and I observed 17 as they were fighting, breaking them up, people 18 were trying to get back into Club Bari. 19 ATTORNEY ARENA: Or just trying to get 20 into Club Bari. 21 OFFICER LAES: They were attempting to 22 get back in. The police department was blocking 23 them entry. 24 ATTORNEY ARENA: You using the term 25 "trying to get back in," but you didn't observe 89 1 them come out of Club Bari, you were several 2 blocks away, you said. 3 OFFICER LAES: I said I was a half-block 4 away. 5 ATTORNEY ARENA: Did you observe these 6 individuals come out of Club Bari? 7 OFFICER LAES: I observed people coming 8 out of clubs, yes, Club Bari, I observed people 9 coming out. 10 ATTORNEY ARENA: And you observed people 11 coming out of 618 Live? 12 OFFICER LAES: 618 Live had already let 13 out, but there was people still lingering around 14 that club too. 15 ATTORNEY ARENA: Do you know how many 16 people were lingering around that club? 17 OFFICER LAES: Altogether, like I said, 18 it was about 200 to 300 people. 19 ATTORNEY ARENA: And those people came 20 out of 618 Live? 21 OFFICER LAES: They came out of both 22 clubs. 23 ATTORNEY ARENA: Now, Club Bari was 24 still in operation, and 618 had let out early, 25 correct? 90 1 OFFICER LAES: Correct. They did let 2 out, but people were still outside lingering 3 around. 4 ATTORNEY ARENA: From 618 live? 5 OFFICER LAES: Correct. 6 ATTORNEY ARENA: Nothing further. 7 CHAIRMAN BOHL: Two minutes and 21 8 seconds. 9 ATTORNEY UNORA: Thank you, I have no 10 questions. 11 CHAIRMAN BOHL: Anyone else you wish to 12 bring forward here at this time? 13 ATTORNEY UNORA: Yes. Officer Ferrell. 14 CHAIRMAN BOHL: Now, this would also 15 entail time for closing as well too. When there 16 is a closing, that's what the 30-minute 17 requirement -- so I'm just making you aware with 18 your questioning here that such time would also 19 have to allot for. 20 ATTORNEY UNORA: Next time I'm going to 21 ask for a little more diligence watching the timer 22 because as you, as the Committee was asking 23 questions, my green light was on, Chairman. So I 24 would ask that I do have time for closing. 25 Officer Ferrell. 91 1 OFFICER FERRELL: Police Officer 2 Ferrell, last name F-E-R-R-E-L-L. I am employed 3 by the Milwaukee Police Department for District 1. 4 I work the power shift from 8:00 p.m. to 4:00 a.m. 5 I have nine years', three months' service for 6 District 1. 7 ATTORNEY UNORA: And are you commonly 8 deployed as the tavern car in District 1 now? 9 OFFICER FERRELL: I have been. 10 ATTORNEY UNORA: And on October 10, 11 2010, did you write the PA-33 regarding the 12 incident from 2:10 in that morning? 13 OFFICER FERRELL: I do believe I was the 14 one that wrote it. 15 ATTORNEY UNORA: And in that report, 16 does it describe Ms. Townsend as the actor who 17 assaulted Officer Leas? 18 OFFICER FERRELL: I would have to review 19 the entire report. 20 ATTORNEY UNORA: Does that also reflect 21 that she left Club Bari? 22 OFFICER FERRELL: I would have to review 23 it. 24 ATTORNEY UNORA: Permission to approach? 25 CHAIRMAN BOHL: This counts on the time, 92 1 just so you are aware. I mean, this is not a 2 court of law, this is a quasi-judicial body. And 3 we establish timelines based upon -- you can 4 approach him, but -- 5 ATTORNEY UNORA: This would be the end 6 of my questioning, sir. 7 CHAIRMAN BOHL: All right. 8 OFFICER FERRELL: That's what my report 9 reflects. 10 ATTORNEY UNORA: Could you state what 11 your report reflects, please, Mr. Ferrell? 12 OFFICER FERRELL: It states that Actor 13 Townsend assaulted two Milwaukee police officers. 14 Townsend had exited the licensed tavern Club Bari 15 located at 628 North Water Street. 16 ATTORNEY UNORA: Nothing further. Thank 17 you. 18 CHAIRMAN BOHL: Questions by Committee? 19 Alderman, do you have -- 20 ALDERMAN BAUMAN: Yes, thank you, 21 Mr. Chair. 22 Officer, how many occasions have you had 23 to be inside Club Bari? 24 OFFICER FERRELL: I have been in Club 25 Bari anywhere from five to ten times. 93 1 ALDERMAN BAUMAN: During any of those 2 times, did you ever hear classic music including 3 big band-style, pop and rock old school-style 4 being played there? 5 OFFICER FERRELL: No, sir. 6 ALDERMAN BAUMAN: Did you ever observe 7 an Italian Chicago-style sports lounge and grill 8 being operated? 9 OFFICER FERRELL: I've never been to 10 one, so I don't know. 11 ALDERMAN BAUMAN: Okay. Have you 12 observed a 30- to 40-year-old-plus professional 13 clientele? 14 OFFICER FERRELL: I occasionally see 15 people of that age range go to Club Bari. 16 ALDERMAN BAUMAN: But in general, what 17 is the club's age range? 18 OFFICER FERRELL: In the 20s. 19 ALDERMAN BAUMAN: Thank you. Nothing 20 further. 21 CHAIRMAN BOHL: I'll provide you time 22 for a closing here when the time comes. 23 ATTORNEY UNORA: Thank you. 24 CHAIRMAN BOHL: Mr. Arena, did you have 25 any follow-up questions? 94 1 ATTORNEY ARENA: I have some follow-up 2 questions. 3 CHAIRMAN BOHL: Go ahead. 4 ATTORNEY ARENA: Officer Ferrell, how 5 are you today? 6 OFFICER FERRELL: I'm doing fine. 7 ATTORNEY ARENA: Now, you see people of 8 that age range was in response to you see people 9 in the 30-to-40 age range, correct? 10 OFFICER FERRELL: Can you clarify your 11 question? 12 ATTORNEY ARENA: Well, Alderman Bauman 13 asked you if you see people that are 30 to 40, and 14 you said, "Yeah, I see people in that age range." 15 OFFICER FERRELL: Yes, from time to 16 time, I do see -- 17 ATTORNEY ARENA: And you see people that 18 are, you said, in their 20s, so younger than that 19 age range? 20 OFFICER FERRELL: Correct, sir. 21 ATTORNEY ARENA: But you don't actually 22 go up and take identification and check out the 23 age range? 24 OFFICER FERRELL: Not unless they look 25 like they are underage, then I want to know if 95 1 they can be in a bar. 2 ATTORNEY ARENA: Okay. Have you written 3 a citation, or is there a PA-33 for an underage 4 person in Club Bari? 5 OFFICER FERRELL: I don't believe I've 6 ever gotten Club Bari for patrons having underage. 7 ATTORNEY ARENA: You have, I believe a 8 couple of the other PA-33s you actually wrote in 9 this matter as well, correct? 10 OFFICER FERRELL: I have written several 11 PA-33s for Club Bari. 12 ATTORNEY ARENA: One of them involved 13 that the license was not posted on the wall? 14 OFFICER FERRELL: I believe so. I 15 remember I gave them a verbal warning and advised 16 them of the violation. 17 ATTORNEY ARENA: And that license was 18 present, it was there on the bar, it hadn't 19 been -- 20 OFFICER FERRELL: That's why I advised 21 him because he was able to produce it. 22 ATTORNEY ARENA: The first incident you 23 were -- you issued a citation that was dismissed. 24 OFFICER FERRELL: I did not issue a 25 citation. 96 1 ATTORNEY ARENA: From 6/3/10, that 2 wasn't your citation? I might be mistaken. 3 OFFICER FERRELL: No, sir. 4 ATTORNEY ARENA: Okay. You've been in 5 your position, you've been working for nine years 6 in the tavern squad in District 1? 7 OFFICER FERRELL: No, I was appointed to 8 the tavern squad in late August of 2010. 9 ATTORNEY ARENA: And prior to that, what 10 was your assignment? 11 OFFICER FERRELL: General patrol duties. 12 ATTORNEY ARENA: And in your experience 13 in general patrol duties, were you dispatched to 14 618 Live prior to Club Bari even existing? 15 OFFICER FERRELL: I have been dispatched 16 to 618 Live. 17 ATTORNEY ARENA: And have you observed 18 in general, some disorderly activities and fights? 19 OFFICER FERRELL: I have. 20 ATTORNEY ARENA: Now, I believe you said 21 you don't know what an Italian-style lounge would 22 be, correct? 23 OFFICER FERRELL: I've never been to 24 one. 25 ATTORNEY ARENA: Those really are just 97 1 words that somebody might choose to describe a 2 place, but this location does have a tavern dance 3 license, correct? 4 OFFICER FERRELL: They do have, issued a 5 tavern dance license. 6 ATTORNEY ARENA: And do you keep track 7 or write down songs or artists that you hear? 8 OFFICER FERRELL: No, I don't take my 9 time to do that. 10 ATTORNEY ARENA: Do you check their 11 license application prior to going on patrol to 12 see what types of music are checked on this 13 location or any location? 14 OFFICER FERRELL: No, sir. 15 ATTORNEY ARENA: So is this nightclub 16 activity extremely different from other tavern 17 dance licenses issues in your experience in what 18 you see as a tavern squad officer at District 1? 19 OFFICER FERRELL: Each tavern plays 20 their own different type of music genre. This one 21 chooses to play more of a club-style dance. 22 ATTORNEY ARENA: Do most of the Class B 23 Tavern Dance Licenses, they have dancing? 24 OFFICER FERRELL: Most of them do, yes. 25 ATTORNEY ARENA: Have you ever observed 98 1 a salsa night at Club Bari? 2 OFFICER FERRELL: Unfortunately, I have 3 not. 4 ATTORNEY ARENA: What are your hours of 5 working? 6 OFFICER FERRELL: 8:00 p.m. to 4:00 7 a.m., sir. 8 ATTORNEY ARENA: Have you been in Club 9 Bari, lets say prior to 10:00 p.m., in any of your 10 business that you talked about? 11 OFFICER FERRELL: Yes, sir. 12 ATTORNEY ARENA: And what did you 13 observe prior to 10:00 p.m.? Was there any piano 14 music, or -- 15 OFFICER FERRELL: A quiet, well kept, 16 clean tavern that was waiting for the night 17 business to arrive. 18 ATTORNEY ARENA: And did you ever 19 observe anybody eating food? 20 OFFICER FERRELL: No, I have not. 21 ATTORNEY ARENA: Did you -- 22 OFFICER FERRELL: I should take that 23 back. There have been special occasions and 24 parties where there have been tables with, like, 25 catered food, or cakes laid out when I have gone 99 1 into the tavern. 2 ATTORNEY ARENA: Did you observe TV 3 screens on in the tavern? 4 OFFICER FERRELL: I cannot recall if I 5 have ever seen TVs on in the bar. It's not 6 generally something I look for. 7 ATTORNEY ARENA: Have you ever been in 8 this location on a Sunday afternoon, for example, 9 during a football game? 10 OFFICER FERRELL: No, I don't work in 11 the afternoon. 12 ATTORNEY ARENA: Okay. All right. 13 Thank you. 14 CHAIRMAN BOHL: Thank you, Officer. 15 Mr. Arena. 16 ATTORNEY UNORA: Mr. Chair, I'm sorry to 17 interrupt. The officers are on overtime and have 18 been up since early this morning, is it okay to 19 dismiss them? 20 CHAIRMAN BOHL: Mr. Arena? 21 ATTORNEY ARENA: I have no objection to 22 that. 23 CHAIRMAN BOHL: Thank you. 24 ATTORNEY UNORA: Thank you. 25 CHAIRMAN BOHL: Mr. Arena, whatever you 100 1 wish to do in terms of anything you wish to 2 dispute in the police report, anything you wish to 3 do in terms of calling forward witnesses, this is 4 your time. 5 ATTORNEY ARENA: Okay. I'm going to 6 dispute the police report with the testimony of 7 Mr. Morgese. If we can start with him, please. 8 Mr. Morgese, could you state your name? 9 MR. MORGESE: Mario Morgese. 10 ATTORNEY ARENA: What is your role at 11 Club Bari? 12 MR. MORGESE: I'm a 50 percent owner and 13 help manage the establishment. 14 ATTORNEY ARENA: And have you applied 15 for a Class B Manager License for this 16 establishment? 17 MR. MORGESE: Yes. 18 ATTORNEY ARENA: And do you have a Class 19 B Manager License? 20 MR. MORGESE: Not at this time, because 21 they will not look at it until this matter is 22 cleared up. 23 ATTORNEY ARENA: And most evenings when 24 you are present, is Mr. Cesarz present? 25 MR. MORGESE: Yes. 101 1 ATTORNEY ARENA: And is he present 2 during the operation of the club? 3 MR. MORGESE: Yes. 4 ATTORNEY ARENA: What is your role on a 5 night-to-night basis? 6 MR. MORGESE: I take care of the 7 security, take care of the bartending, watch for 8 things inside the club. I monitor the music, I 9 monitor any DJs, people that we do have come in 10 that play certain types of music, if we have any 11 live bands or a piano players, or things of that 12 nature, and just the everyday duties of owning a 13 bar. 14 ATTORNEY ARENA: And did you fill out or 15 assist in filling out the application for the 16 liquor license? 17 MR. MORGESE: Yes, I did. 18 ATTORNEY ARENA: Did you check the types 19 of music? 20 MR. MORGESE: Yes, I did. 21 ATTORNEY ARENA: And why did you check 22 those types of music? 23 MR. MORGESE: I checked those types of 24 music because those are the types of music we were 25 going to be playing in the club. I made it clear 102 1 that it is an Italian-style sports bar and lounge, 2 which basically is a chameleon place. We have 3 sports and everything else going on. And then at 4 night, we do have the dancing and the playing of 5 different styles of music. 6 ATTORNEY ARENA: And what do some of 7 those styles of music include? 8 MR. MORGESE: Styles of music include 9 anything from techno to dance, pop, top 40, R&B, 10 classic, also classics such as Frank Sinatra 11 music, martini music. Just depending on the hours 12 and the type of people that are at our 13 establishment. 14 ATTORNEY ARENA: Do you believe that 15 you've followed your plan of operation as set out 16 in your application? 17 MR. MORGESE: Yes. 18 ATTORNEY ARENA: Now, you said that you 19 were going to be a sports bar and lounge? 20 MR. MORGESE: Yes. 21 ATTORNEY ARENA: What do you think a 22 sports bar and lounge is? 23 MR. MORGESE: Club Bari. We have some 24 of the biggest TVs in the city. We have sports 25 playing at all times. We feature the Bucks, the 103 1 Brewers, the Packers. We have Packer parties, 2 Monday Night Football parties, Thursday night NFL 3 Ticket parties. We have boxing. All those types 4 of events are going on at Club Bari. We also 5 have, at certain times, we did have people come in 6 and play piano for cocktail hour after 5:00. We 7 serve food. And at night, we do have the dancing, 8 and things of that nature, on Friday and Saturday. 9 ATTORNEY ARENA: Now, you met, you were 10 present during a meeting with Captain Basting? 11 MR. MORGESE: Yes. 12 ATTORNEY ARENA: In around October, I 13 believe, October of 2010? 14 MR. MORGESE: Yes. 15 ATTORNEY ARENA: And did you take 16 suggestions from Captain Basting? 17 MR. MORGESE: Yes, I did. 18 ATTORNEY ARENA: And did you follow 19 through with what he asked you to do? 20 MR. MORGESE: Yes. 21 ATTORNEY ARENA: And what did he ask you 22 to do, and what did you do? 23 MR. MORGESE: He had expressed some 24 concerns that some of the crowds, and things of 25 that nature, on 600, the block of 600 North Water 104 1 Street at night especially at bar closing became 2 unruly at times. And I expressed an interest to 3 try to help out with the police department, how 4 our security could help them in managing that type 5 of situation. 6 ATTORNEY ARENA: And you -- did he ask 7 you to not to use promoters, or things of that 8 nature? 9 MR. MORGESE: Yes, they were concerned 10 that we would be using outside promoters, as the 11 police department was concerned about bringing in 12 certain types of crowds that they wanted to try to 13 keep out of the area for security. And we did 14 also say that, yes, we would be more than happy to 15 do that and not bring any outside influence other 16 than our club itself doing any promoting for 17 anything that would happen at Club Bari. 18 ATTORNEY ARENA: October 2, 2010, Item 19 No. 2 in the police report, that involved -- is my 20 microphone on Mr. Chair? 21 CHAIRMAN BOHL: Yes. 22 ATTORNEY ARENA: That involved a 23 complaint by Mr. Haget saying a patron left Club 24 Bari. Were you present during that incident? 25 MR. MORGESE: Yes. 105 1 ATTORNEY ARENA: And can you explain to 2 the Committee what happened? 3 MR. MORGESE: This particular gentleman 4 came to Club Bari to try to get in the door. He 5 did not meet our dress code. We did not allow him 6 to come in, and he then proceeded to go into the 7 line next door. 8 ATTORNEY ARENA: When -- who determined 9 that he did not meet the dress code? 10 MR. MORGESE: My security personnel at 11 the front door and myself as I was present at that 12 time. 13 ATTORNEY ARENA: Are you usually present 14 at the door, monitoring the door? 15 MR. MORGESE: Frequently, yes. 16 ATTORNEY ARENA: And did you observe 17 this individual leave Club Bari, and where did he 18 go, and what did he do? 19 MR. MORGESE: He left. He was a little 20 unhappy that we would not allow him entry because 21 of his dress, and he proceeded next door to 618. 22 ATTORNEY ARENA: Did you continue to 23 observe him when he proceeded next door? 24 MR. MORGESE: I did observe him again 25 later because I did see they were having problems 106 1 with him a little later in the night, their 2 security personnel, with him. 3 ATTORNEY ARENA: What did he not meet 4 about your dress code? 5 MR. MORGESE: He was wearing a white, 6 plain white T-shirt, overly baggy, and a baseball 7 hat depicting a baseball team, which we do not 8 allow. 9 ATTORNEY ARENA: Were you present on 10 October 3, 2010, when the police came to Club 11 Bari, and then somebody started some type of an 12 altercation? 13 MR. MORGESE: Yes. 14 ATTORNEY ARENA: What did you observe? 15 MR. MORGESE: The police came to Club 16 Bari to -- said they had a fight call. We told 17 them there was not a fight in the club. And they 18 took a walk around the nightclub and a couple 19 people were talking, I believe they were actually 20 relatives, and the police then started to speak to 21 them. They thought they were being unruly, and I 22 believe they gave one person a disorderly conduct 23 ticket. 24 ATTORNEY ARENA: And prior to the police 25 arriving, there was no indication that there was 107 1 an altercation, correct? 2 MR. MORGESE: No, we had no fights or 3 fists thrown. 4 ATTORNEY ARENA: Item 5 is the 10/10/10, 5 2:10 a.m. event where 628 (sic) North Water had 6 left out early. 7 MR. MORGESE: Yes. 8 ATTORNEY ARENA: Were you present on 9 that evening? 10 MR. MORGESE: Yes. 11 ATTORNEY ARENA: And were those 12 individuals, where did they come from, or what had 13 occurred? And tell us first, where exactly were 14 you when this incident occurred? 15 MR. MORGESE: In the very beginning, I 16 was in my office in the back of the club, and then 17 somebody came to tell me that there were a lot of 18 people in the street. So as I came walking out to 19 the club, I noticed that 618 had let their club 20 out. Around, this was probably around 1:30 in the 21 morning. I thought it was a little, you know, I 22 was surprised because the whole club was letting 23 out an hour before bar close. That's not 24 something that happens very often, and we got a 25 big rush of people trying to come to our bar 108 1 because they were unhappy the bar next door 2 closed. We were already close to a capacity 3 situation, so we weren't letting people in. When 4 that happened, people weren't very happy, they 5 started pushing and shoving with our security 6 guards. And that's pretty much how it happened. 7 We were -- basically, a big mob of people just 8 tried to come into our bar, and we were doing the 9 best we could not to allow it. 10 ATTORNEY ARENA: There was testimony 11 that somebody named Townsend came from Club Bari 12 and got into an altercation with a police officer. 13 Did you observe that? 14 MR. MORGESE: At the time the big crowd 15 came, I had actually instructed -- and Mr. Cesarz 16 was there also, he locked the door so that people 17 could not come inside or out, so I never seen Miss 18 Townsend inside my bar and couldn't tell you where 19 she did come from, but she was in the crowd of 20 people outside. 21 ATTORNEY ARENA: So you believe she did 22 not come from your bar because you had actually 23 locked the door? 24 MR. MORGESE: Yeah, she did not run out 25 of my bar. I did not see her come out. 109 1 ATTORNEY ARENA: Now, basically, your 2 police report since October 24, '10, that's the 3 last incident, have you changed anything 4 drastically since October 24, '10, that results in 5 no more incidents? 6 MR. MORGESE: I've not made drastic 7 changes. We did do a few things that the police 8 department wanted us to change. Some of my 9 security guards at the very beginning did not have 10 security shirts on. I had some undercover 11 security because I thought sometimes that could 12 help watch people, because they don't know then 13 who is security and who isn't. However, we did 14 put more people in security uniforms, you know. 15 We did make sure we tightened up our dress code. 16 And other than that, we pretty much have been 17 doing the same thing since from, you know, when we 18 opened. 19 ATTORNEY ARENA: When you say "doing the 20 same thing," are you talking about music? 21 MR. MORGESE: Yes, music has been the 22 same since we opened. 23 ATTORNEY ARENA: Now, the application 24 was for a tavern dance license, do you think that 25 you have done anything different than what you've 110 1 said on that application? 2 MR. MORGESE: No. 3 ATTORNEY ARENA: Now, Mr. Cesarz was 4 here and testified that there was going to be some 5 old school and some other things and salsa. Did 6 you do -- do you do the things that he was talking 7 about? 8 MR. MORGESE: Yes, we do. We did have a 9 salsa night. We still do have a salsa night on 10 certain evenings. We do have birthday parties. 11 We have baby showers. We have piano music. 12 Obviously, these things are done at certain times 13 of the day when the clientele of those types of 14 people would be more likely to come to the club, 15 such as on Sundays or Saturdays during the day, 16 and things of that nature. 17 ATTORNEY ARENA: Did you draft the 18 security plan of assignment submitted to Captain 19 Basting? 20 MR. MORGESE: Yes, I did. 21 ATTORNEY ARENA: And you follow the 22 security plan and the dress code on it? 23 MR. MORGESE: Yes, we do. 24 ATTORNEY ARENA: Can you describe the 25 type of activities that you see go on on a regular 111 1 basis from 618 Live in the street? 2 MR. MORGESE: Well, obviously, they are 3 a much larger club. They do have a much larger 4 security force than us. I would say our club, 5 usually on a given night, maybe has around 100 6 people in it; theirs probably has 400. And when 7 their club lets out -- and it's not an easy thing 8 to keep people, you know, in line and things of 9 that nature -- I've seen fights, problems, police, 10 paddy wagons, canine units, people fighting, 11 people coming out of the club fighting. They have 12 probably 20 to 30 security guards. I see them 13 many times trying to restrain people, and those 14 types of activities. 15 ATTORNEY ARENA: Thank you. Could we 16 stop -- well, I don't want this time to count 17 against me. I said, "Thank you." I'm done asking 18 questions. 19 CHAIRMAN BOHL: Do you have the time? 20 ATTORNEY ARENA: Where are we at on 21 time? 22 CHAIRMAN BOHL: 18:23. 23 Questions by Committee at this time? No 24 questions by Committee. Others, questions? 25 Proceed. 112 1 ATTORNEY ARENA: I don't mean to be out 2 of order, but I'm wondering if I could ask 3 Alderman Bauman a couple of questions? 4 CHAIRMAN BOHL: Certainly, on your time, 5 go ahead. 6 ATTORNEY ARENA: Alderman Bauman. 7 ALDERMAN BAUMAN: Yes, I'm here. 8 ATTORNEY ARENA: And thank you for being 9 here, we appreciate that. You had written a 10 letter of some concerns to Mr. Cesarz that's 11 appeared in this record, and that's addressed to a 12 Tonto Avenue address in Big Bend. Are you aware 13 that that's not his correct, that is not his 14 address? 15 ALDERMAN BAUMAN: No. 16 ATTORNEY ARENA: Can you tell us where 17 you obtained that address from? 18 ALDERMAN BAUMAN: No. 19 ATTORNEY ARENA: Did you personally 20 obtain that address and put it on that letter? 21 ALDERMAN BAUMAN: At the time, I 22 certainly did. 23 ATTORNEY ARENA: And you have not had a 24 response to that particular letter? 25 ALDERMAN BAUMAN: Oh, absolutely I had a 113 1 response. He came in with his manager and the 2 owner of the property on July 13, 2010. 3 ATTORNEY ARENA: Do you know who a 4 Mr. Aronson is? 5 ALDERMAN BAUMAN: Indeed I do. 6 ATTORNEY ARENA: And Mr. Aronson sends 7 you many e-mails regarding activities at 618 Live, 8 correct? 9 ALDERMAN BAUMAN: 618 Live, yes. 10 ATTORNEY ARENA: Has he ever 11 specifically sent you an e-mail that appears in 12 this record regarding Club Bari? 13 ALDERMAN BAUMAN: I really don't recall. 14 I've received other e-mails on this club. 15 ATTORNEY ARENA: I didn't ask that 16 question. I asked if you received one from 17 Mr. Aronson, and your answer is, no. Thank you. 18 ALDERMAN BAUMAN: I've received other 19 e-mails on this bar. 20 CHAIRMAN BOHL: Go ahead. 21 ATTORNEY ARENA: I'm done. 22 CHAIRMAN BOHL: No other testimony from 23 anyone else? 24 ATTORNEY ARENA: I'm done asking 25 questions of Alderman Bauman. 114 1 CHAIRMAN BOHL: Okay. The clock doesn't 2 stop because you're done. 3 ATTORNEY ARENA: Okay, I want to ask a 4 question of Mr. Cesarz. 5 Mr. Cesarz, what is the address on this 6 letter? You've seen it in the notice to a Tonto 7 Avenue, is that your correct address? 8 MR. CESARZ: That is my address, but 9 it's Tonto Avenue, Arizona. And Mr. Bauman never 10 acknowledged that he even sent us the letter. We 11 were just seeing him about traffic problems and 12 the parking, that was the reason we went to his 13 office, and he knows that. 14 ATTORNEY ARENA: Now, you gave some 15 testimony in this matter regarding, and way back 16 when you applied for the license, and you said 17 that you wanted to do some old style music. 18 MR. CESARZ: Yes. 19 ATTORNEY ARENA: Did you do that? 20 MR. CESARZ: Yes, we -- what we did ask 21 for, before they shut down most of the people at 22 the banks, we had lunches, we had martini music, 23 old style. We still play that anytime I come in 24 the club, because that's the kind of music I like. 25 And we had piano players coming in there. We've 115 1 done everything that we said even though we do it 2 in a flexible order here. We have no set genre 3 that we're going to play. At the end of the 4 night, we even close with Frank Sinatra, or we do 5 Purple Rain. It just depends on who is doing the 6 DJ that night. So we vary our music. 7 ATTORNEY ARENA: And do you believe that 8 the music is within the categories checked on the 9 application? 10 MR. CESARZ: Definitely. We do 11 everything that we say. 12 ATTORNEY ARENA: I have no further 13 questions of Mr. Cesarz. 14 CHAIRMAN BOHL: Is there any questions 15 the Committee has of Mr. Cesarz? 16 ALDERMAN BAUMAN: I have a question. 17 CHAIRMAN BOHL: Go ahead. 18 ALDERMAN BAUMAN: Just to verify, you do 19 agree that that's your signature on the letter 20 entitled "plan of operation"? 21 MR. CESARZ: Yes, it is. 22 ALDERMAN BAUMAN: And this letter was 23 sent to me, is that correct? 24 MR. CESARZ: It was given to the counsel 25 and the police when they were investigating my 116 1 license application. 2 ALDERMAN BAUMAN: So this letter was 3 presented to the licensing authorities as part of 4 your application, your first application, for a 5 liquor license, correct? 6 MR. CESARZ: Yes. 7 ALDERMAN BAUMAN: And you submitted this 8 letter in order to clarify what your plan of 9 operation was going to be and to induce the city 10 to, in fact, grant you a liquor license, correct? 11 MR. CESARZ: I sent it to get a liquor 12 license, yes; not to induce the city, just told 13 them what we were going to do. 14 ALDERMAN BAUMAN: Okay, fine. Thank 15 you. 16 ATTORNEY ARENA: This letter that you 17 were shown by Alderman Bauman says that you will 18 feature classic music. What do you think classic 19 music is, Mr. Cesarz? 20 MR. CESARZ: Classic music is, we play 21 martini music. We have that off the Internet 22 running through our bar, classic rock and roll, 23 which I do. Not classical music, I never said 24 classical, not like Beethoven. Then we had 25 checked up to 14 kinds of different music, 117 1 popular. And anything -- we had different 2 artists, we've had people that want to do 3 religious events in there. 4 ATTORNEY ARENA: Mr. Cesarz. 5 MR. CESARZ: Everything, so we have all 6 different kinds of different piano music and 7 everything. 8 ATTORNEY ARENA: Just in regards to this 9 letter, you wrote, "including big band-style," 10 what is "big band-style." 11 MR. CESARZ: That's the martini lounge 12 music that you get off of the Internet, and that's 13 what we play from the time we're open until 6:00, 14 7:00 every night on the week, and, you know, all 15 of our other daytime activities. 16 ATTORNEY ARENA: And you continue to do 17 that at times? 18 MR. CESARZ: Yes, we do. 19 ATTORNEY ARENA: And pop and rock, what 20 is that? 21 MR. CESARZ: Pop and rock is top 40 and 22 popular music. 23 ATTORNEY ARENA: And all of those types 24 of music, are they checked on your application? 25 MR. CESARZ: Yes, they are. 118 1 ATTORNEY ARENA: And is your 2 application, you think, in line with that 3 description? 4 MR. CESARZ: Yes, we do everything that 5 we put in our plan of operation. 6 ATTORNEY ARENA: Thank you. I have no 7 further questions. 8 CHAIRMAN BOHL: Of anything? 9 ATTORNEY ARENA: Of Mr. Cesarz. 10 CHAIRMAN BOHL: The floor is still 11 yours. 12 ATTORNEY ARENA: That's, you know, 13 typically how a lawyer ends with a witness. 14 CHAIRMAN BOHL: That's fine. 15 ATTORNEY ARENA: I have three additional 16 witnesses here. They can go in order. 17 You can step up to the microphone, 18 please. Tell us your name and what you would like 19 to tell us about -- 20 CHAIRMAN BOHL: And address, please. 21 MR. PRODO: What was that? 22 CHAIRMAN BOHL: Your home address. 23 MR. PRODO: Okay. First name Jose 24 Prodo, my address is 1033 South 30th Street 25 Milwaukee, Wisconsin. I work at Club Bari as 119 1 security, and I also manage some of the music 2 events that we have there at Club Bari. 3 ATTORNEY ARENA: Tell us which music 4 events you manage. 5 MR. PRODO: I manage the Latin music, 6 salsa, and Caribbean music and Puerto Rican 7 Caribbean Bachata, Dominican music. Big band 8 also. Big band also falls in, big band, horns, 9 mostly Mexican music. 10 ATTORNEY ARENA: And we're talking about 11 dancing that goes on? 12 MR. PRODO: We're talking, basically, 13 yeah, it can be dancing if you like that kind of 14 music. 15 ATTORNEY ARENA: How often do you do 16 that type of music? 17 MR. PRODO: Fridays. My nights are 18 mostly Friday nights, early evening. We bring in 19 a dance instructor, they give free lessons and 20 typically until about 8:30, 9:00, then the 21 environment changes and a younger crowd comes in, 22 gets to do a little more. 23 ATTORNEY ARENA: Are you there until 24 closing on those Friday nights? 25 MR. PRODO: I am. 120 1 ATTORNEY ARENA: Is a hip-hop format 2 followed, or something -- 3 MR. PRODO: Yeah, we also have that 4 because of the demand of the clientele. 5 ATTORNEY ARENA: That's within the genre 6 of popular music? 7 MR. PRODO: That's exactly, anything 8 that is top 40. If it's radio playable, it's 9 played there. 10 ATTORNEY ARENA: Who determines if it's 11 radio playable and played there? Is there a list? 12 MR. PRODO: We -- there is no list, but 13 if there is something that I hear that is not 14 supposed to be played, I bring it to him, and he 15 goes and brings it to Mario, and he takes it to 16 the DJ. 17 ATTORNEY ARENA: How often do you hear 18 something that is not supposed to be played? 19 MR. PRODO: You know, up until that 20 10/10 incident, there hasn't been a song that 21 hasn't been scrutinized. I mean, even Lady Gaga 22 isn't even allowed in our establishment. 23 ATTORNEY ARENA: I don't know who Lady 24 Gaga is. 25 Is there anything else you would like to 121 1 add of what you personally observed and witnessed? 2 MR. PRODO: Except that since the 3 incident, this incident that we have been talking 4 about all night, I didn't personally observe it, 5 but since then, Mario has, both Mario and Mr. 6 Cesarz had gotten, had meetings with the staff, 7 okay. We have meetings before and after the 8 night, so we know what kind of environment to 9 allow. We try to control -- the environment is 10 controlled starting at the door, so the door guy 11 pretty much sets the tone of the environment of 12 the nightclub. So since all of this has been 13 taking place, we've had less people come in the 14 nightclub. It's a more controlled atmosphere. 15 It's not 400, 500 people like next boor. 16 ATTORNEY ARENA: Okay, thank you. 17 CHAIRMAN BOHL: Any questions by 18 Committee? 19 Still yours. 20 ATTORNEY ARENA: Next. You can give us 21 your name and address and tell us what your 22 observations are, please. 23 MR. KOWALSKI: Justin Kowalski, West 24 Allis, Wisconsin. 25 CHAIRMAN BOHL: And an address in West 122 1 Allis, Wisconsin? 2 MR. KOWALSKI: 5506 West Rogers Street. 3 CHAIRMAN BOHL: And the spelling of your 4 last name, Mr. Kowalski? 5 MR. KOWALSKI: K-O-W-A-L-S-K-I. 6 ATTORNEY ARENA: Mr. Kowalski, how old 7 are you? 8 MR. KOWALSKI: 41. 9 ATTORNEY ARENA: How often do you go 10 to -- are you a patron of Club Bari? 11 MR. KOWALSKI: Yes. 12 ATTORNEY ARENA: How often do you go 13 there? 14 MR. KOWALSKI: Usually about every other 15 week. 16 ATTORNEY ARENA: And is it once a week 17 every other week? 18 MR. KOWALSKI: Yes. 19 ATTORNEY ARENA: What times of the day 20 are you there? 21 MR. KOWALSKI: Usually during the days. 22 ATTORNEY ARENA: Are you ever there at 23 night? 24 MR. KOWALSKI: I have been. 25 ATTORNEY ARENA: Have you been there 123 1 late at night? 2 MR. KOWALSKI: Yes. 3 ATTORNEY ARENA: What is your 4 observation in regards to the entertainment format 5 that is followed? 6 MR. KOWALSKI: Top 40 music, dance. 7 I've even heard, you know, Grease soundtrack and 8 stuff from the '70s and early folk. 9 ATTORNEY ARENA: Have you made 10 observations of what goes on or what's happening 11 after Club Bari closes? 12 MR. KOWALSKI: I really can't say. Once 13 it closes; I just leave. 14 ATTORNEY ARENA: Have you observed 15 police cars or activity in front of 618 live? 16 MR. KOWALSKI: I have. 17 ATTORNEY ARENA: Describe what you saw. 18 MR. KOWALSKI: It was just the police 19 stopped and they were questioning a few people and 20 moved on. 21 ATTORNEY ARENA: Okay. Is there 22 anything else you would like to add that you think 23 that the Committee should be aware of? 24 MR. KOWALSKI: Just that I go there for 25 a lot of the football games and sports events, 124 1 it's always on TV, so. 2 ATTORNEY ARENA: Okay. Thank you, Mr. 3 Kowalski. 4 CHAIRMAN BOHL: Questions by Committee? 5 Mr. Kowalski, when you described you saw 6 the police at 618 Live that were having 7 discussions with folks, do you know whether or not 8 they came from 618 or whether they came from Club 9 Bari? 10 MR. KOWALSKI: I really cannot say for 11 sure. I just happened to observe them in front of 12 618. 13 CHAIRMAN BOHL: But you couldn't 14 differentiate by the patrons of whether they came 15 from other bars or walking through the area, you 16 couldn't distinguish? 17 MR. KOWALSKI: No. 18 CHAIRMAN BOHL: Thank you. Next 19 witness. 20 MR. FELSKI: My name is Timothy Felski, 21 F like Frank, E-L, S like Sam, K-I. The address is 22 6183 West Howard Avenue, Unit 11, and that is 23 Greenfield, Wisconsin 53220. 24 ATTORNEY ARENA: Could you tell us how 25 much time we have left? 125 1 CHAIRMAN BOHL: 8:15. 2 ATTORNEY ARENA: 8 minutes 15. Thank 3 you. 4 How often -- are you a patron of Club 5 Bari? 6 MR. FELSKI: Yeah, pretty regularly. I 7 would say about once every other week. 8 ATTORNEY ARENA: How long have you been 9 a patron of Club Bari, starting in what time 10 period? 11 MR. FELSKI: Basically, since they 12 opened. Yeah, since they opened. 13 ATTORNEY ARENA: Are you -- what hours 14 are you typically present? 15 MR. FELSKI: Oh, all different. I tend 16 to gravitate more when they have the sporting 17 events, Packer games, things like that, but two 18 weeks ago after I attended a concert with a group 19 of friends, the Motley Crue and Poison concert at 20 the Bradley Center, and afterwards our group went 21 to Club Bari. So that was late in the evening. 22 That was after midnight on a Saturday night. 23 ATTORNEY ARENA: What type of music did 24 you observe being played? 25 MR. FELSKI: Mostly, they mix it up. 126 1 I'm not a hip-hop guy myself and neither are any 2 of my friends, so we wouldn't gravitate to a place 3 that, you know, plays that type of music. So it's 4 a mixture of, you know, you have some softer rock, 5 some top 40-type things, stuff like that, you 6 know, just a mix of everything. And we enjoy it. 7 ATTORNEY ARENA: I asked the police 8 officers if they could tell me songs or artists 9 that -- are you able to tell us any particular 10 song that you hear or have heard when you have 11 been present? 12 MR. FELSKI: Well, I know who Lady Gaga 13 is, so I'm not out of it, but -- I'm hip -- but, 14 no, honestly, again, when it comes to music, you 15 know, I know a lot of the top 40, so I know what I 16 like. I know what I hear. You know, I like dance 17 music. I like slow ballad-type music. I like, 18 you know, Dean Martin, things like that, Frank 19 Sinatra. I hear a bit of all of those things at 20 Club Bari to be honest with you. 21 ATTORNEY ARENA: How many times a week 22 do you go to Club Bari? 23 MR. FELSKI: Well, I would say like 24 about once every other week. 25 ATTORNEY ARENA: And what hours 127 1 typically are you there until? When do you leave? 2 When do you arrive? 3 MR. FELSKI: Well, sometimes it's for 4 sporting events, so it would be more daytime or 5 early evening, you know, 7:00, 8:00 at night. But 6 again, a couple weeks ago, I was just there with a 7 group of friends, and it was a late night. It was 8 after midnight. I don't know exactly what 9 timeframe, but it was after midnight. 10 ATTORNEY ARENA: Have you observed 11 fighting or poor behavior inside of Club Bari? 12 MR. FELSKI: Oh, no, never. I've never 13 seen anything like that. 14 ATTORNEY ARENA: Have you observed 15 anything else at Club Bari, especially when you 16 leave late at night? 17 MR. FELSKI: No, I have not. I have not 18 seen any kind of brawls or any kind of craziness 19 going on there. Again, my group of friends, we 20 wouldn't have, we wouldn't care for, we wouldn't 21 appreciate that. We would not want to associate 22 or be, you know, at a location that had that kind 23 of thing going on. 24 ATTORNEY ARENA: And how are you 25 employed, if I could ask? 128 1 MR. FELSKI: I'm an operator, a bus 2 operator for Milwaukee County, city bus, Milwaukee 3 County. 4 ATTORNEY ARENA: And so you certainly 5 fit within the 30-to-40 age range? 6 MR. FELSKI: Yes, I'm 47 years old. 7 ATTORNEY ARENA: Thank you. 8 MR. FELSKI: I look a lot younger, 9 right? 10 ATTORNEY ARENA: I have no further 11 questions of this gentleman, Mr. Chair. 12 CHAIRMAN BOHL: Questions by Committee? 13 Sir, do you know, you have an 14 understanding at least of what a typical 15 hip-hop-type song, or what would be called into 16 the hip-hop genre? 17 MR. FELSKI: I would, yes, absolutely. 18 CHAIRMAN BOHL: During any of the 19 occasions in which you were there, was that music 20 played at Club Bari? 21 MR. FELSKI: I mean, I have heard a 22 hip-hop song or two played there, yes, but not on 23 continued -- again, it's not something I would 24 appreciate or I would enjoy. I live quite a 25 distance from Club Bari, I live out in the City of 129 1 Greenfield kind of near the Southridge shopping 2 center area, and I would not want to travel all of 3 the way downtown to go to a club that was a 4 hip-hop-type club. I wouldn't fit in, I guess is 5 the better way of putting it. 6 CHAIRMAN BOHL: Questions here? 7 The floor is still yours. 8 ATTORNEY ARENA: We have one more. 9 ALDERMAN ZIELINSKI: I have one 10 question. 11 CHAIRMAN BOHL: Go ahead. 12 ALDERMAN ZIELINSKI: Would you say that 13 most of the other clientele at that location are 14 within your age group or younger? 15 MR. FELSKI: I would say, again, because 16 if it was just myself and my group of friends, the 17 guys from the bus company and stuff, they are more 18 my age group. 19 ALDERMAN ZIELINSKI: Would you say the 20 majority of the people are in your age, or are 21 they younger? 22 MR. FELSKI: I would say it's a mix. I 23 wouldn't say -- 24 ALDERMAN ZIELINSKI: So it's a 50/50 25 split, right? 130 1 MR. FELSKI: It depends on, again, on 2 the -- 3 ALDERMAN ZIELINSKI: When you go there. 4 When you go there. 5 MR. FELSKI: Right, but I have to answer 6 you appropriately, and to do so, I have to answer 7 you, you know, in a more extended fashion, and 8 that would be that if I attend a sporting event 9 there and so forth, I mean, on the flat screen 10 TVs, they -- I've even run into people that I went 11 to high school with there. 12 ALDERMAN ZIELINSKI: Say, out of all of 13 the different events: sporting events, nighttime, 14 midnight, whatever, is the average age your group, 15 or is it younger than you? 16 MR. FELSKI: About my age when I'm 17 there. 18 ALDERMAN ZIELINSKI: About your age. 19 MR. FELSKI: I mean, lower, you know, 20 30, 40. 21 ALDERMAN ZIELINSKI: You're on the 22 record. Thank you. 23 MR. FELSKI: Okay. 24 CHAIRMAN BOHL: The floor is yours, 25 Mr. Arena. 131 1 ATTORNEY ARENA: Next witness. If you 2 could state your name and address and age right 3 away? 4 MR. SALAZAR: Ricardo Salazar, 5 S-A-L-A-Z-A-R, 5369 South Lake Drive, Cudahy, 6 Wisconsin. 49 years old. 7 ATTORNEY ARENA: Are you a patron of 8 Club Bari? 9 MR. SALAZAR: Yes. 10 ATTORNEY ARENA: How often do you go to 11 Club Bari? 12 MR. SALAZAR: At least once a week, 13 sometimes twice a week. 14 ATTORNEY ARENA: And what are your -- 15 what hours are you typically present at Club Bari? 16 MR. SALAZAR: At different times, you 17 know, I stop in. I went there at night and 18 sometimes daytime for a Packer game and stuff. 19 ATTORNEY ARENA: Have you ever been 20 present there after 10:00 p.m.? 21 MR. SALAZAR: Yes. 22 ATTORNEY ARENA: Can you give us an idea 23 of how many times? 24 MR. SALAZAR: Maybe six, eight times. 25 ATTORNEY ARENA: What type of music do 132 1 you observe after 10:00 p.m.? 2 MR. SALAZAR: A variety of music. 3 ATTORNEY ARENA: I should first ask, 4 sir, do you know what hip-hop music is? 5 MR. SALAZAR: Dancing music. 6 ATTORNEY ARENA: Do you know what rap 7 is? 8 MR. SALAZAR: Yeah. 9 ATTORNEY ARENA: Did you hear rap music 10 played there? 11 MR. SALAZAR: No. 12 ATTORNEY ARENA: Do you know what 13 hip-hop music is? 14 MR. SALAZAR: I guess more up to beat. 15 I'm not sure. 16 ATTORNEY ARENA: Have you heard music 17 that you thought was objectionable to you and that 18 you would leave because you heard it? 19 MR. SALAZAR: No. 20 ATTORNEY ARENA: Describe what type of 21 music you do, you have heard or witnessed. 22 MR. SALAZAR: A variety of music. You 23 can give them a request, and they will play music 24 for you, kind of like all kinds. I'm not really a 25 person that likes a lot of loud music, crazy 133 1 music. 2 ATTORNEY ARENA: How long have you been 3 a patron of Club Bari? 4 MR. SALAZAR: Last year. I think 5 probably right when they opened. 6 ATTORNEY ARENA: Okay, and how often a 7 week do you go there? 8 MR. SALAZAR: Once, sometimes twice a 9 week. 10 ATTORNEY ARENA: Okay. 11 CHAIRMAN BOHL: Three minutes. 12 ATTORNEY ARENA: No further questions of 13 this witness. Thank you. 14 CHAIRMAN BOHL: Questions by Committee? 15 The floor is still yours. 16 ATTORNEY ARENA: I have no further 17 witnesses. Would you like me to do a closing at 18 this point? 19 CHAIRMAN BOHL: Why don't we hear from 20 Alderman Bauman and Mr. Unora first? And we'll 21 allow you to follow that up then. 22 ALDERMAN BAUMAN: Thank you, Mr. Chair. 23 In reference to the meeting on July 13, 24 2010, Mr. Cesarz was present, the owner of the 25 building was present and his manager was present. 134 1 They came in, he admits he came in, he admits 2 there was a meeting. Whether he came because of 3 my letter of May 24th or not, the bottom line is, 4 we discussed that letter. We discussed the 5 pictures that were attached to it and the 6 advertisements that were attached to it. In that 7 meeting, Mr. Cesarz admitted that they changed 8 their plan of operation. He admitted that the 9 letter, which was submitted in connection with the 10 original application, was no longer being followed 11 because he blamed the city. He blamed the city 12 because of our parking rules and lack of parking 13 capacity on Water Street was causing him to lose 14 business consistent with the original plan of 15 operation that he wanted to embark upon. 16 ATTORNEY ARENA: Mr. Chairman, I have to 17 object to this line of statements being made in 18 this closing argument. 19 ALDERMAN BAUMAN: It's personal 20 knowledge. 21 ATTORNEY ARENA: But he did not 22 testify -- 23 ALDERMAN BAUMAN: I was present. 24 ATTORNEY ARENA: -- to this during the 25 hearing, and now he is calling this his closing. 135 1 ALDERMAN BAUMAN: I'm testifying. 2 ATTORNEY ARENA: There's no -- that's 3 not evidence before the Committee right now. 4 ALDERMAN BAUMAN: I'm under oath. It's 5 personal knowledge. 6 CHAIRMAN BOHL: He's under oath. I'm 7 going to allow it as a submission of the alderman, 8 who has met with the applicant. You have an 9 understanding, Mr. Arena, that an alderperson has 10 a particular interest in dealing with clubs in 11 their business and may meet with them from time to 12 time. He's providing the Committee with firsthand 13 knowledge of a meeting that he had that even was 14 submitted into the record here through previous 15 testimony that took place. So I'm going to allow 16 him to proceed. 17 ALDERMAN BAUMAN: Exactly. 18 CHAIRMAN BOHL: I will duly note your 19 objection here. 20 ATTORNEY ARENA: Okay. Thank you. 21 ALDERMAN BAUMAN: We had an argument 22 over the issue of those rules, and I told him this 23 is a very problematic issue. Because as I 24 indicated previously before this Committee, and 25 I'll reiterate today, when this application 136 1 originally came in, I was very concerned. Because 2 yes, 618 was an issue in my district and on North 3 Water Street, it was an issue with the consumption 4 of police resources. We were very concerned, we 5 didn't want a second major consumer of police 6 resources located right down the block where it 7 would become very difficult to identify who's the 8 problem actor. The precise argument they're 9 making here was the precise reason I raised 10 concern about having two hip-hop clubs side by 11 side, because then you'd never know who was 12 responsible for bad behavior because they would 13 always point the finger at the other guy, as 618 14 did when they were here last year: pointed the 15 finger at theses guys; these guys pointed the 16 finger at 618. The exact problem I was concerned 17 about. So to overcome that problem, Mr. Cesarz 18 submits this letter, says, "Oh, we're not going to 19 be that kind of a club. We're going to be kind of 20 a Frank Sinatra club. We're going to be kind of a 21 middle-age, cater to the 47-year-old bus drivers 22 of Milwaukee, and we're not going to -- we're 23 going to have an Italian sports lounge. We're 24 going to play big band music. You don't have to 25 worry about us, we're going to be an entirely 137 1 different type of club." 2 You've heard from the police officers. 3 Whatever these three witnesses who have testified, 4 whatever nights they were there, you've heard from 5 the police officers, literally hundreds of people 6 that do not fit the description that these three 7 witnesses have testified to at this club. Which 8 may be fine, clubs of that kind belong in the 9 city, they have a right to operate, that's not the 10 issue here. The issue here is lying to this 11 Committee and to aldermen on the Common Council. 12 To directly misrepresent what they're intending to 13 do to induce us to grant the license when we have 14 legitimate concerns about issuing that license 15 given the existing state of affairs on that 16 particular block. That's the issue here for me 17 plain and simple. The issue of consuming police 18 resources, whose people are the bad actors is 19 obviously a concern of mine, but I'll let the 20 police deal with that, and I'll let Mr. Unora deal 21 with that issue. My concern solely relates to 22 misrepresenting their intentions to this body in 23 order to obtain a license. And then we find out 24 by his own admission they stop following this plan 25 because it's the city's fault because of parking 138 1 rules. They've admitted it. And the police 2 testimony corroborates that admission. 3 So based on that, I would urge a 4 nonrenewal as we've already voted to do once. 5 CHAIRMAN BOHL: Alderman, do you want to 6 submit a copy of that letter here as part of the 7 record? 8 ALDERMAN BAUMAN: I can. I believe it's 9 part of your record. It's not? 10 ALDERMAN ZIELINSKI: Move to accept. 11 ALDERMAN BAUMAN: This is my only copy. 12 This is the original signature. You can throw 13 that one in there as well. 14 CHAIRMAN BOHL: What we can do is, you 15 can bring that here. Have you had an opportunity 16 to have the -- every time we did this here, make 17 certain that if there is an attorney that they 18 have a chance to look at it. 19 ATTORNEY ARENA: Is that the letter 20 signed by Mr. Cesarz? 21 CHAIRMAN BOHL: It was. I saw him hand 22 it to him earlier. 23 ATTORNEY ARENA: I have seen it. 24 CHAIRMAN BOHL: We can, after the fact 25 here, make certain that we have a copy of that, 139 1 and, Alderman, that goes back to you. 2 First off, Alderman Kovac would move to 3 make the May 24, 2010, letter from Alderman Bauman 4 to Robert Cesarz, a packet with two other items, 5 which include different advertisements and 6 brochures for this establishment, part of the 7 official record in this proceeding. Hearing no 8 objection to that, so ordered. 9 Then Alderman Kovac would also move to 10 make a Club Bari plan of operation with the 11 signature of Robert Cesarz as part of our official 12 record in this proceeding. Hearing no objections 13 to that, so ordered. 14 Are there any questions by Committee of 15 Alderman Bauman? 16 Any questions that you have relating to 17 the items submitted here? 18 ATTORNEY ARENA: No, but I feel like 19 because of those allegations being made that 20 Mr. Cesarz needs to address those statements. 21 CHAIRMAN BOHL: You still have two 22 minutes and 50 seconds. I will allow you that 23 luxury if you so desire here. 24 ATTORNEY ARENA: Can you do it in 30 25 seconds? 140 1 Are we proceeding with that? 2 CHAIRMAN BOHL: Go ahead. 3 ATTORNEY ARENA: Mr. Cesarz, you heard 4 Alderman Bauman say that you were present at a 5 meeting where you admitted that for financial 6 reasons you had to change your plan of operation, 7 is that true? 8 MR. CESARZ: Not at all true. 9 ATTORNEY ARENA: What had transpired at 10 that meeting? 11 MR. CESARZ: We went to Mr. Bauman's 12 office, made an appointment because we were having 13 traffic problems with tickets, and we were trying 14 to address parking because we couldn't get anyone 15 to come into the restaurant. And we did not know 16 of any letter from Mr. Bauman. He had my address 17 mixed up from Arizona with a Big Bend address of 18 my partner, that was never from us. So we weren't 19 even aware of the letter, and that's why I 20 personally think he got angry with us because we 21 didn't even know he had a letter like that. 22 ATTORNEY ARENA: Did you make a 23 statement that because business was bad you were 24 going to change from what you wrote in that 25 letter? 141 1 MR. CESARZ: Never. We just were trying 2 to get our parking situation. That's the only 3 reason we went to Mr. Bauman's office at the time. 4 We didn't even know we even had a problem. 5 ATTORNEY ARENA: So you were there, and 6 you made an appointment to go to his office? 7 MR. CESARZ: Yes, we made the 8 appointment. That's it. 9 ATTORNEY ARENA: And did you make the 10 statement that you would change from the letter 11 that says, "We're going to play dance, pop, big 12 band-style or whatever"? 13 MR. CESARZ: No, and I have two 14 witnesses that were in the office at the same time 15 that knew I never made that statement. 16 ATTORNEY ARENA: And who were those 17 witnesses? 18 MR. CESARZ: My partner, Mario Morgese, 19 and the owner of the building, Kevin Reardon. 20 ATTORNEY ARENA: Okay. Thank you, Mr. 21 Cesarz. 22 CHAIRMAN BOHL: Questions by Committee? 23 Any follow-up questions? Mr. Unora? 24 ATTORNEY UNORA: Are you ready for my 25 final? 142 1 CHAIRMAN BOHL: Yes. 2 ATTORNEY ARENA: I was going to ask 3 Mr. Morgese about this meeting. Do I still have 4 time left? 5 CHAIRMAN BOHL: Yes. 6 ATTORNEY ARENA: How much? 7 CHAIRMAN BOHL: 1:21. 8 ATTORNEY ARENA: Mr. Morgese, were you 9 present at this meeting, July 13th, I believe? 10 MR. MORGESE: Yes. 11 ATTORNEY ARENA: Was there a discussion 12 that you guys were changing your plan of operation 13 because you weren't making money due to 618? 14 MR. MORGESE: No, we did not discuss the 15 plan of operation. Mr. Bauman did bring it up, 16 and he wanted to discuss what we were doing, and I 17 explained to him we were doing everything that I 18 had in my liquor license, what I asked for in 19 music style, and that we would do a variety of 20 different things to try to bring in clientele. 21 ATTORNEY ARENA: Did you say that you 22 weren't making any money and for economic reasons 23 you had to become a hip-hop club? 24 MR. MORGESE: No, I never said anything 25 like that, neither did Mr. Cesarz. 143 1 ATTORNEY ARENA: Do you think that you 2 are a hip-hop club? 3 MR. MORGESE: No. 4 ATTORNEY ARENA: Do you think that 618 5 Live is a hip-hop club? 6 MR. MORGESE: Yes. 7 ATTORNEY ARENA: Have you been inside of 8 618 Live? 9 MR. MORGESE: Yes. 10 ATTORNEY ARENA: What type of music do 11 they play? 12 MR. MORGESE: Hip-hop. 13 ATTORNEY ARENA: Do they play the type 14 of music -- do you play the type of music that 15 they play? 16 MR. MORGESE: The only same music that 17 we would play is if it was on the top 40 list, but 18 not as a continual basis like they do. We play a 19 mix. 20 ATTORNEY ARENA: Okay. Thank you. 21 CHAIRMAN BOHL: Mr. Unora. 22 ATTORNEY UNORA: In summation, the 23 stance of Captain Basting from the Milwaukee 24 police department is that we ask the Committee not 25 to renew the license of Club Bari for tavern 144 1 and/or nightclub tavern dance license. It's based 2 on the incidents in the PA-33. As the Committee 3 is well aware, there is a problem in the 600 block 4 of North Water Street. There are two clubs of 5 similar nature operating within doors, two doors 6 of each other. Captain Basting stated quite 7 succinctly that the one club has been very 8 forthcoming and proactive in making the changes 9 that had helped to alleviate that, whereas Club 10 Bari has not. 11 I know Alderman Bauman here also has 12 elicited material beyond this, the position of the 13 police department regarding the police reports 14 into the plan of operation change. I will note, 15 being a prosecutor, that there is an ordinance 16 requirement under 90-6 sub 13 that if there is a 17 change in plan of operation, it must be approved 18 by the Common Council. And you as a Committee 19 being Common Council members would know if that, 20 in fact, did happen or did not happen. 21 So in summation of everything, there is 22 a short list of incidents in the PA-33 summation, 23 a significant incident No. 5 in which a police 24 officer was assaulted occurred, and a summation of 25 that, as you heard, was 100 to 200 people out in 145 1 the street causing a major disturbance. In that 2 we have these two clubs so close to each other and 3 one is proactive and one is not proactive, that is 4 why Captain Basting makes the stance that he does 5 to you today in that he asks that you do not renew 6 Club Bari's license. Thank you. 7 ALDERMAN ZIELINSKI: Mr. Chairman. 8 CHAIRMAN BOHL: Alderman Zielinski. 9 ALDERMAN ZIELINSKI: I just wanted to 10 get some things perfectly clear. I think we've 11 already established that, I just want to make it 12 perfectly clear, so you're operating an Italian 13 sports bar, not a hip-hop club, correct? 14 ATTORNEY ARENA: Myself, I don't operate 15 anything. 16 ALDERMAN ZIELINSKI: Correct. 17 ATTORNEY ARENA: I don't know who you're 18 addressing the question to. 19 ALDERMAN ZIELINSKI: I'm talking to him 20 now. I'm looking at an advertisement for Club 21 Bari dated February 2011 and the words "hip-hop" 22 are right at the top of the ad. 23 ATTORNEY ARENA: Is that in evidence? 24 CHAIRMAN BOHL: It would have been 25 submitted to you with the record, with your 146 1 notice. 2 ATTORNEY ARENA: There were two items 3 submitted with the notice and that involved a 4 party, two different parties. I didn't see any -- 5 CHAIRMAN BOHL: What page number is 6 that? 7 ALDERMAN ZIELINSKI: This is something 8 that I came across on the Internet here. 9 ATTORNEY ARENA: So he is doing outside 10 research, and we can't go into that. 11 CHAIRMAN BOHL: Yeah, we can't do that. 12 ALDERMAN ZIELINSKI: Well, disregard. 13 MR. MORGESE: I wouldn't know about it. 14 ALDERMAN ZIELINSKI: You wouldn't know 15 about it? 16 MR. MORGESE: No, I don't. I don't know 17 what you're looking at, so I don't know what 18 you're -- I don't promote any hip-hop music at my 19 club. I mean, if we have DJs, and things of that 20 nature, and they have their own Facebook or things 21 like that, I guess they could put things down that 22 they want to, but I personally don't advertise 23 that way. I don't have anything, you know, we 24 don't push that thing. Top 40 music, I guess some 25 hip-hop music is top 40. So, that's, you know -- 147 1 ALDERWOMAN COGGS: Mr. Chair. 2 CHAIRMAN BOHL: Alderwoman Coggs. 3 ALDERWOMAN COGGS: I'm a fan of good 4 positive hip-hop, and I actually think we 5 shouldn't have a new department requirement for 6 licenses, but it is. And I realize you have to 7 put down, you know, the type of music that they're 8 going to play. And I know for me, it's not going 9 to interfere with what I vote today, but I do 10 think it's disingenuous to act as if hip-hop on a 11 regular basis is not played at this establishment. 12 I mean, whether it's Facebook or whether it's a 13 whole bunch of other stuff or if the DJ, what the 14 DJ is playing and whatever, that is not quite 15 honest. Again, that is not going to enter into my 16 decision making; I'm a fan of hip-hop, but to act 17 as if you're not aware that hip-hop was playing on 18 a regular basis beyond top 40 issues, because to 19 see your promotion by the DJ, all of that, I think 20 it's a bit disingenuous to do before this 21 Committee. 22 CHAIRMAN BOHL: Mr. Arena, I'll allow 23 you a closing. 24 ATTORNEY ARENA: Thank you. I think if 25 you look at this record and you look at this PA-33 148 1 before this Committee, the proof is in the 2 pudding, that the problem is 618 Live. I know 3 that everybody here is aware through hours of 4 hearings that they've had and multiple people that 5 have come down and testified about that location. 6 And I would note that I'd asked specific questions 7 about Mr. Aronson because if you operate in this 8 business in this area and you're a member of this 9 Committee, you have a pretty good idea of who he 10 is. I'm sure that he received a notice of today's 11 hearing or knew about it, and he is not present. 12 He has not sent regular e-mails, as he has to 13 Alderman Bauman, regarding problems of Club Bari. 14 I think typically his e-mails for 618 Live are, 15 "Last night it was worse than ever. This weekend 16 it was worse than ever." And when I say the proof 17 is in the pudding, you look at that PA-33, and you 18 see that the last event was way back in October, 19 months before this special enforcement, party 20 enforcement, whatever, was started by Captain 21 Basting. And by the way, I do applaud that effort 22 by Captain Basting. That is something that I have 23 discussed with him in the meeting, we did talk 24 about that. And that is one positive way that 25 things could be prevented from occurring. But if 149 1 you look at the incidents at 618 Live, they 2 started long before Club Bari was in existence. 3 Police were always dispatched to North Water. And 4 to now say, "Well, automatically Club Bari must be 5 a hip-hop club because they are next to 618 Live," 6 nobody here on this side has denied that 7 occasional hip-hop music gets played, what they 8 are saying is that they checked off many types of 9 music, they do many types of things and they have 10 to have flexibility and they offer a wide array. 11 They have large screens. They do the sports. 12 They do the parties. They do a lot of different 13 things, and that's evident in their application. 14 Now, if we look at this letter that 15 says, "We're going to play pop, this and that," 16 nowhere does it say that they are committing that 17 they are only going to play Frank Sinatra music or 18 only going to play big band music. In fact, if 19 you go back to your memory when Mr. Cesarz was 20 here applying for the license, this discussion did 21 come up. And I believe the chairman himself 22 brought up the issue that, "Well, you could mark 23 down this and then you could become a full-blown 24 hip-hop club." And he said, "Well, we're going to 25 do a lot of things. We're going to try salsa." 150 1 And they do salsa. "We're going to try this." 2 And he talked about old school and things that he 3 was aware of and remembered from his youth in high 4 school, or something, and he said that they wanted 5 to have dancing. Well, they applied for a dance 6 license, they applied for all sorts of different 7 types of music, and they haven't really changed 8 that. And to say that, "Well, they couldn't make 9 money and they admitted it themselves. They 10 changed their plan of operation," that's what's 11 disingenuous and not true. They have actually 12 done what they said they were going to do from the 13 beginning. 14 Item No. 5 on that PA-33, I submitted 15 the video from the pole cam. I've observed that 16 video, and I'm telling you, it is apparent and 17 obvious that the crowd is coming out of 618 Live. 18 It's got to be at least, I would say north of 250 19 people, close to 300 people coming down that 20 street. And you can see that people aren't being 21 allowed entry into Club Bari. Was there fights on 22 the street? Yes, there were. Was it Club Bari's 23 fault? No. Mr. Morgese testified he was there. 24 Mr. Cesarz was there. They locked the doors to 25 prevent people from coming in and creating an 151 1 issue inside of Club Bari. They were already at 2 capacity, they weren't allowing people in anymore. 3 They had people trying to rush the door and get 4 in. And you would see in the video that security 5 people, four of them, are lined across the door, 6 and they are keeping people out. Somewhere in 7 that, people in that crowd did get into a fight, 8 and you can actually see two fights in the video. 9 That's all that I see. The other fights that were 10 testified to, I don't, I didn't see them. But 11 that is there for your consumption, it's submitted 12 into the record. 13 I believe that there has been no 14 misrepresentation of any intentions here. And I 15 believe to say, "Oh, you're not an Italian-style 16 lounge," that is so within the meaning of what 17 somebody puts on that. To say that, you can't 18 really label that, I mean, the police officers 19 were testifying, "I've never been in one. I don't 20 know what that is." They certainly were saying 21 that, well, they hear all sorts of dance type of 22 music. Does dancing go on? Yes. They applied 23 for that license. 24 So what I would submit to you is that 25 there hasn't been a change of operation. And I 152 1 don't think that that's, it would be appropriate 2 to go down the road of saying, "Well, we have a 3 hip-hop club in the 600 North Water Street, so we 4 don't want any other clubs around it because that 5 could become a hip-hop club." I think that is a 6 dangerous road to go down, because now we're going 7 to actually start spot zoning or creating zones 8 without allowing the free enterprise system to 9 exist. So I would urge you to approve this 10 license. Thank you. 11 CHAIRMAN BOHL: Thank you. 12 With that, we're in committee. 13 ALDERMAN KOVAC: Mr. Chair. 14 CHAIRMAN BOHL: Alderman Kovac. 15 ALDERMAN KOVAC: I agree with Alderwoman 16 Coggs' sentiment. I think the whole Committee did 17 earlier today, we want to see quality hip-hop, we 18 want to see quality music establishments and any 19 kind of music that people in Milwaukee want to 20 listen to. And I think if that's what was on the 21 table, and we were -- and this applicant was 22 sincere with their intentions, we would be having 23 a different discussion. I believe I made the 24 motion last time before this got remanded back and 25 my motion was somewhat based on the police report, 153 1 neighborhood testimony, aldermanic testimony, but 2 it was primarily based on the failure to follow a 3 basic plan, and the credibility of this Committee 4 that was called into question. And while I have 5 become convinced today that most Milwaukeeans 6 would have a hard time defining hip-hop, I think 7 most people would, I don't think there's -- my -- 8 and really the issue isn't hip-hop; the issue is 9 the age, the style, the type of crowd, the 10 lateness of the crowd. Because when you say 11 you're going to have big band-style, 30 to 40, 12 that's really a code for saying, you're going to 13 have people who come in for after-dinner drinks 14 and nothing will be going on late at night. And I 15 think it's pretty clear that is not what's going 16 on at this place. Things are heating up late at 17 night. Things are mixing -- this is a "late night 18 come dance/come party-type" place, whatever kind 19 of music you want to call it. That is not how it 20 was represented. And even now, that is not how 21 it's being represented. And I think it's clear to 22 this Committee that there has been attempts to 23 deceive this Committee and the public -- well, not 24 the public. The public going to this bar, they 25 know what's going on. 154 1 So I make this motion, obviously 2 mentioning the -- I don't know if it will pass, 3 we'll see, but the police reports, all of the 4 items from this year, I think are relevant. 5 Do you need me to list those off, Mr. 6 Chair? 7 CHAIRMAN BOHL: No, unless you -- 8 ALDERMAN KOVAC: No, I'm not going to -- 9 CHAIRMAN BOHL: I think all of them 10 here -- 11 ALDERMAN KOVAC: And then based on the 12 testimony of the police department, especially in 13 relation to the police, direct police officer 14 observation that was going on and direct police 15 officer commander observations about the resources 16 that need to be deployed, based on that. So based 17 on police testimony and the police report and 18 aldermanic testimony, I move nonrenewal of this 19 license. 20 CHAIRMAN BOHL: The motion by Alderman 21 Kovac is to recommend nonrenewal of the licenses, 22 the Class B Tavern and Tavern Dance Licenses, due 23 to Item Nos. 1 through 6 in the police report as 24 well as additional testimony by the police 25 department and the additional submissions of the 155 1 local alderman. Is there a discussion on that 2 motion? No discussion on the motion? 3 Why don't we do a roll call vote on the 4 motion for nonrenewal of both licenses? 5 THE CLERK: Alderman Hamilton. 6 ALDERMAN HAMILTON: Aye. 7 THE CLERK: Alderman Kovac. 8 ALDERMAN KOVAC: Aye. 9 THE CLERK: Alderwoman Coggs. 10 ALDERWOMAN COGGS: Objection; no. 11 THE CLERK: Alderman Zielinski. 12 ALDERMAN ZIELINSKI: Aye. 13 THE CLERK: Mr. Chair. 14 CHAIRMAN BOHL: Aye. The motion will 15 carry 4 to 1. 16 Mr. Stephens. 17 ATTORNEY STEPHENS: Thank you, Mr. 18 Chair. 19 The Committee will be doing a report of 20 its finding of facts and conclusions of law 21 recommending to the Milwaukee Common Council that 22 your license be nonrenewed. You will receive a 23 copy of that report. You have an opportunity to 24 file written exceptions. If you do, they must be 25 received by the city clerk's office by 4:45 p.m. 156 1 on July 20, 2011. If you resubmit written 2 objections, you also have the opportunity to 3 appear before the Milwaukee Common Council when it 4 hears this matter on July 26, 2011 in the council 5 chambers of this building located on the same 6 floor but at the other end of the building. 7 Please be advised that this report of 8 the Committee is a recommendation to the full 9 Common Council. The Common Council makes the 10 final decision whether your license will be 11 renewed, renewed with a suspension between 10 and 12 90 days or nonrenewed. 13 Do you understand that? 14 MR. MORGESE: Yes. 15 ATTORNEY STEPHENS: Mr. Cesarz, do you 16 -- 17 MR. CESARZ: Yes. 18 ATTORNEY STEPHENS: And Mr. Arena, will 19 you accept service on behalf of your client? 20 ATTORNEY ARENA: Yes. 21 ATTORNEY STEPHENS: Thank you, Mr. 22 Chair. 23 CHAIRMAN BOHL: Thank you. Thank you 24 all. And thank you to those of you who have been 25 waiting here very patiently. 157 1 (Proceedings concluded.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 158 1 STATE OF WISCONSIN ) ) SS: 2 COUNTY OF WALWORTH ) 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 July 11, 2011, and reduced to writing under my 9 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 Burlington, 17 Wisconsin, this 17th day of August, 2011. 18 19 ___________________________ 20 Karen Renee Court Reporter and Notary Public 21 In and for the State of Wisconsin 22 23 My Commission Expires: March 11, 2012. 24 25