00001 1 2 CITY OF MILWAUKEE 3 LICENSES COMMITTEE 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 In the Matter of the Extended Hours Establishment 6 renewal application for: 7 IJAZ A. GILL J J SUB 8 800 N. 35th Street 9 * * * * * * * * * * * * * * * * * * * * * * * * * * * 10 COMMITTEE MEMBERS 11 ALD. JAMES WITKOWIAK - Chair ALD. JAMES BOHL, JR., - Vice-Chairman 12 ALD. MICHAEL McGEE, JR. ALD. ROBERT PUENTE 13 ALD. WILLIE WADE 14 LICENSING DIVISION by REBECCA BARRON NEIGHBORHOOD SERVICES by PANDORA BENDER 15 HEALTH DEPARTMENT by PAUL ZEMKE POLICE DEPARTMENT by SEARGENT CHET ULICKEY 16 OFFICE OF THE CITY ATTORNEY by ATTORNEY BRUCE SCHRIMPF 17 18 Proceedings had and testimony given in 19 the above-entitled matter, before the LICENSES 20 COMMITTEE OF THE CITY OF MILWAUKEE, on 21 the 15th day of May, 2007. 22 00002 1 P R O C E E D I N G S 2 CHAIRMAN WITKOWIAK: In the 4th 3 District, Ijaz A. Gill, Extended Hours 4 Establishment renewal application for "JJ Sub" at 5 800 North 35th Street. Good afternoon. Could 6 you raise your right hand? We'll swear you in. 7 (Whereupon the Applicant was sworn.) 8 CHAIRMAN WITKOWIAK: Your name and 9 address for the record, please. 10 THE APPLICANT: Ijaz A. Gill, 3401 West 11 Wells, Apartment 16. 12 CHAIRMAN WITKOWIAK: Mr. Gill, do you 13 admit there's a possibility that your application 14 could be denied because of items contained in the 15 - - in the police incident report and 16 neighborhood objections to the renewal of this 17 license due to disturbing the peace, loitering, 18 littering, loud music, noise, drug criminal 19 activity, curfew violations, lewd conduct, 20 drinking in public, public urination, harassment 21 of passersby, including intimidation of 22 residents, fighting, traffic, parking problems, 23 cruising, vandalism and graffiti, trespassing, 24 and conduct which is detrimental to the health, 25 safety and welfare of the neighborhood? 00003 1 THE APPLICANT: Yes, I - - 2 MR. MAISTELMAN: We're aware of those 3 allegations, but they are really allegations. 4 Can I - - 5 CHAIRMAN WITKOWIAK: State your 6 appearance, please. 7 MR. MAISTELMAN: Attorney Mike 8 Maistelman on behalf of the applicant. 9 CHAIRMAN WITKOWIAK: Okay. Alderman 10 Bauman. 11 ALDERMAN BAUMAN: Yes, Mr. Chair, and 12 members of the committee. This matter was before 13 the committee the last cycle. The committee 14 voted narrowly to deny the extended hours 15 license. I subsequently had discussions with the 16 applicant's attorney. The applicant agreed to 17 make certain changes to the physical layout of 18 the premises. For those who may not be familiar 19 with the location, it had been formerly been a 20 sit-down restaurant, rather nice restaurant 21 actually. The applicant basically blocked off 22 all the sit-down restaurant areas, including the 23 lunch counter, as well as the booths. And 24 created a basically bulletproof stand-up counter 25 off a little vestibule off the door entering the 00004 1 premises. I felt that was a design very 2 conducive to criminal activity, loitering, other 3 forms of disorder, and sure enough a major 4 shootout took place after midnight several months 5 ago on - - well, whenever the date was here. You 6 have the - - You have the police reports in front 7 of you. Fortunately, no one was seriously 8 injured, but there were shots fired inside the 9 establishment. That was the cause of my having 10 concerns about the continued operation after 11 midnight. 12 But given the applicant's desire to 13 make physical changes in the appearance of the 14 restaurant, which I think will not only improve 15 his business prospects by attracting a far 16 broader cross-section of the community, but 17 actually improving the physical appearance of the 18 location, as well. We have several restaurants 19 in this area that operate 24 hour, which are sit- 20 down full service, waitress, waitstaff type of 21 restaurants. So I don't see that as being a 22 major limitation. He's agreed to make certain 23 changes. I'm willing to give a little time for 24 those changes to be made. And based on that, I 25 would respectfully urge the committee to 00005 1 recommend approval with a warning letter. 2 CHAIRMAN WITKOWIAK: I would like these 3 changes explained and put a timeline on the 4 record here. 5 MR. MAISTELMAN: Thank you, Mr. 6 Chairman. What we - - Initially what we're going 7 to be doing is within the next ten days, cut out 8 into the plexiglass that's already there, three 9 two feet by two feet holes. I mean, so that you 10 can, you know, it's - - it's not going to be 11 covered up in - - in plexiglas. So during the 12 daytime hours, ten o'clock in the morning when 13 they open until, you know, eight or ten o'clock 14 at night, people won't have to talk through, like 15 they're talking to a bank. And we're also going 16 to be putting some chairs and have some seating 17 out in the - - in the front of the - - of the 18 restaurant. 19 Then sometime in and around the first 20 of July we're going to be expanding so that we're 21 going to have inside the restaurant itself, some 22 seating, so people can come in and sit down and 23 eat their lunch and possibly put up another 24 counter in there, and - - and expand that way. 25 We're also, I believe, putting up some security 00006 1 cameras. Have, you know, regular litter patrols 2 every hour to go out and - - and check out the 3 premises. The applicant lives maybe 100 feet 4 away. So he's there all the time. Lives right 5 across the street. And so that's - - It's - - 6 It's convenient for him to be there. The hours 7 that he intends to open in addition to the - - to 8 the normal hours are from, on the weekends from - 9 - until four in the morning. Weekdays, until 10 three in the morning. 11 THE APPLICANT: That's correct. 12 MR. MAISTELMAN: You know, he's been 13 there for five years. I would - - I would 14 disagree a little bit that it was a major shoot 15 out. I mean, it was a shootout. Somebody from 16 outside shot in, who happened to be in there 17 earlier. Thank God nobody was killed, but that 18 was the first real incident of that type ever in 19 the five years that he's been running - - running 20 JJ's, as opposed to the Walgreen's across the 21 street where there was a killing. We would 22 really like to thank Alderman Bauman for - - for 23 working with us to try to make this happen. He 24 employs a number of individuals who rely on this 25 for their - - for their income. And they're here 00007 1 today, the front row, there are two - - two 2 individuals who are here today who - - who work 3 for JJ, and, you know, depend on this for their - 4 - their livelihood. So that's the game plan, Mr. 5 Chair. 6 CHAIRMAN WITKOWIAK: Thank you. Could 7 you both come to the table here, just raise our 8 right hands. We're just going to take some real 9 brief testimony. Because I want to hear what 10 this - - what this will mean to you for the place 11 to stay open longer. So if you'd both raise your 12 right hands, I'd appreciate it. 13 (Whereupon the witnesses were sworn.) 14 CHAIRMAN WITKOWIAK: You first. Name 15 and address for the record. 16 THE WITNESS: Sheila Jones. 2216 West 17 Walnut. 18 CHAIRMAN WITKOWIAK: Okay. And, 19 Sheila, tell us why you would like to see this 20 place stay open longer? 21 THE WITNESS: I've been working there 22 almost four years. And it's my second job, and I 23 need this job to take care of my kids and my 24 grandkids. I'm the primary caregiver for my 25 family. And right now, I've been laid off, 00008 1 because no work. 2 CHAIRMAN WITKOWIAK: Okay. Thank you. 3 Any questions of this witness? 4 ALDERMAN MCGEE: Mr. Chair. 5 CHAIRMAN WITKOWIAK: Oh, I'm sorry. Go 6 ahead. Alderman McGee. 7 ALDERMAN MCGEE: What hours do you work 8 there? 9 CHAIRMAN WITKOWIAK: 11 p.m. to four 10 a.m. in the morning. 11 ALDERMAN MCGEE: Okay. Thank you. 12 CHAIRMAN WITKOWIAK: Thank you. Ma'am, 13 your - - your name and address? 14 THE WITNESS: Mary Brown. 6504 West 15 Sheridan Avenue. 16 CHAIRMAN WITKOWIAK: Okay. And your 17 testimony? 18 THE WITNESS: I used to work at night 19 mostly, and one day. So now I only work one day 20 a week. And I'm going back to school in August. 21 And that's my source of income. 22 CHAIRMAN WITKOWIAK: Okay. Well, thank 23 you. We've established the - - the job portion 24 of this. So as I understand it, what's going to 25 happen is the - - the windows will be opened up 00009 1 partially in the front, so that that during the 2 day that they'll actually be able to serve food 3 at the counter in front. There will be some 4 stools there? 5 MR. MAISTELMAN: Correct. 6 CHAIRMAN WITKOWIAK: Okay. And then, 7 also during the day, what you're going to do is 8 you're going to put - - You're going to put some 9 booths inside and then a - - another counter to 10 like to differentiate like the - - the kitchen 11 part from the - - from the restaurant part? 12 THE APPLICANT: Yes, for that we need 13 some more time for that like to the end of July, 14 I think. 15 CHAIRMAN WITKOWIAK: End of July? 16 ALDERMAN BAUMAN: We just moved a month 17 here from the previous representation. 18 MR. MAISTELMAN: Around the beginning 19 of July. 20 ALDERMAN BAUMAN: This has been my 21 concern from the start, to be honest with you. 22 There was to be work, physical work performed 23 prior to today. Nothing's been done. Now we 24 have a promise that work will start tomorrow. 25 Now we were told July 1st, now the end of July. 00010 1 I have serious concerns there's ever - - there's 2 ever going to be any physical improvement to this 3 location. And without those physical 4 improvements this location remains a danger to 5 the community. There is no ifs, ands or buts 6 about it. That's been my - - based on my 7 observation living in this neighborhood for over 8 ten years. And let's get this nailed down. It's 9 either going to be completed by July 1st, or I'll 10 withdraw my recommendation. The committee can do 11 what it will, and I'll try to send this back 12 again if it's approved at the next meeting. 13 MR. MAISTELMAN: Mr. Chair. 14 CHAIRMAN WITKOWIAK: Counselor. 15 MR. MAISTELMAN: We intend on - - on 16 getting it, the work completed by - - by July 17 1st. Obviously, there could be some issues that 18 come up. We'll be working closely with the 19 Alderman. We do have a - - a document here. 20 It's a bill from the guy who is going to be doing 21 the windows. He's going to be starting within 22 the next ten days. I - - I told Alderman Bauman 23 that the work will be completed before this goes 24 in front of the Common Council as a whole. So he 25 will see that the work is being done, and if it's 00011 1 not, then you can send it right back and do 2 whatever he wants with it. 3 CHAIRMAN WITKOWIAK: Okay. All right. 4 Any other questions by members of the committee? 5 ALDERMAN MCGEE: Mr. Chair. 6 CHAIRMAN WITKOWIAK: Alderman McGee. 7 ALDERMAN MCGEE: Attorney Maistelman 8 sound as if he going to be doing some work. He 9 said "we." So you going to be working at the 10 location, also? 11 MR. MAISTELMAN: I have a hammer. 12 ALDERMAN MCGEE: Okay. 13 MR. MAISTELMAN: I do some demolition. 14 ALDERMAN MCGEE: Okay. 15 MR. MAISTELMAN: On my hourly rate. 16 ALDERMAN MCGEE: I look forward to it. 17 I have a question in reference to - - 18 MR. MAISTELMAN: Permits are to him. I 19 don't pull permits. 20 ALDERMAN MCGEE: I have a question in 21 reference to after. Are the patrons that come to 22 this location, are they just loitering around the 23 location and not going inside because they can't 24 go inside, and what is that - - Is it a 25 contingency plan in reference to that situation? 00012 1 I guess Alderman Bauman can answer that best. Is 2 it a loitering problem at night at the location? 3 ALDERMAN BAUMAN: That's what's 4 reported to me by neighbors who observed it, yes. 5 MR. MAISTELMAN: Alderman - - Alderman 6 McGee, I've - - I've actually been there. I 7 spent a lot of time there the past couple of 8 months. 9 ALDERMAN BAUMAN: After midnight? 10 MR. MAISTELMAN: Yeah, believe it or 11 not. Once. And, you know, people come in. 12 Because you can come in. There's no chairs 13 there. We're not going to have the stools there 14 in - - in the evening part. So we don't want to 15 encourage people to be sitting down. They 16 usually come in. They buy the food. And then 17 they walk outside. So - - And it's been quite 18 busy. I mean, we see a lot of police officers 19 and nurses. People from the telephone company, 20 Miller - - Miller Brewing. I - - I've watched 21 the volume of people, and the diversity of people 22 coming in and out of there. And the Gyros are 23 pretty - - I'm on a diet right now, but the 24 Gyros, when I wasn't, are really good. 25 ALDERMAN MCGEE: Also, Mr. Chair, if I 00013 1 could continue. 2 CHAIRMAN WITKOWIAK: Go ahead, 3 Alderman. 4 ALDERMAN MCGEE: For the - - the 5 employees, how long - - what's the average wait 6 time especially after bars that people are there 7 with their orders? 8 THE WITNESS: No more than ten minutes, 9 five minutes at a time. 10 ALDERMAN MCGEE: Ten minutes, and how 11 many employees? 12 THE APPLICANT: I have five people 13 working. 14 ALDERMAN MCGEE: Five - - Five people. 15 How many at night do you have working? 16 THE APPLICANT: Night people work, four 17 people work. 18 ALDERMAN MCGEE: Four people work. 19 THE APPLICANT: Three people. One 20 cashier and two cook. 21 ALDERMAN MCGEE: Two cooks, okay. 22 Thank you. 23 CHAIRMAN WITKOWIAK: Is there anyone 24 here from the neighborhood to testify in 25 objection to this at this point? Let the record 00014 1 show no one acknowledges that question. Okay. 2 Any further questions by members of the 3 committee? 4 DNS: Mr. Chair. 5 CHAIRMAN WITKOWIAK: I'm sorry. 6 Neighborhood Services. 7 DNS: I have some questions in regards 8 to the alterations that you're going to make, 9 even though it's just cutting a hole through the 10 wall. I know once you start getting things 11 rolling and - - and are you going to take a 12 permit out for this, sir? 13 THE APPLICANT: Yes. 14 DNS: Okay. You're going to or you 15 have? 16 THE APPLICANT: No, we not yet. The 17 guy going to do the job, the company, they going 18 to get the permit. 19 DNS: Oh. 20 MR. MAISTELMAN: For whatever is 21 needed. I mean, they're - - This - - The 22 individual that we have that's going to be 23 working with the plexiglas is simply going to be 24 cutting out a hole for the plexiglas. And if - - 25 If it requires a permit, we'll be in touch with 00015 1 him, I mean. Typically that - - The fee would be 2 included in - - in the permit. 3 DNS: Well, just cutting a hole would 4 probably be no problem. My issue is when you 5 start - - 6 MR. MAISTELMAN: I don't know. I just 7 know that DNS does have issues. 8 DNS: I heard you were putting up 9 chairs. I heard moving around and putting - - 10 locking doors. We - - We don't know. So what 11 I'm telling you is that you're going to need a 12 permit before you start this work. 13 THE APPLICANT: Yes, if we need a 14 permit, we apply the permit, yes. 15 DNS: Thank you. 16 CHAIRMAN WITKOWIAK: Okay. Alderman 17 Bauman, how does that read? You look fascinated 18 by it. 19 ALDERMAN BAUMAN: It's not relevant to 20 the proceedings, but it's - - These three holes 21 are going to cost 2,250 dollars. 22 CHAIRMAN WITKOWIAK: I understand the 23 glass is quite thick over there. 24 ALDERMAN BAUMAN: I guess so. 25 MR. MAISTELMAN: Diamonds. Diamond 00016 1 beads. 2 CHAIRMAN WITKOWIAK: Okay. Any other 3 questions by members of the committee. This 4 matter is in committee. 5 ALDERMAN BOHL: Move approval. 6 CHAIRMAN WITKOWIAK: Motion by Alderman 7 Bohl is to recommend approval despite items 8 contained in the notice that would be - - Pardon? 9 With the issuance of a warning letter. And this 10 is for the hours that are requested in the plan 11 of operation as submitted with this application. 12 So that is - - Refresh my memory. Until three 13 a.m. on - - 14 MR. MAISTELMAN: Until three a.m. on 15 weekdays, to four a.m., is it Friday and 16 Saturday. 17 THE APPLICANT: Friday and Saturday. 18 MR. MAISTELMAN: Yeah. 19 CHAIRMAN WITKOWIAK: Okay. Which would 20 be - - Which would be Saturday morning and Sunday 21 morning. 22 MR. MAISTELMAN: Correct. 23 CHAIRMAN WITKOWIAK: Okay. All right. 24 Is there any discussion on the motion? I'll just 25 throw my two cents in. I'm - - I want Mr. Gill 00017 1 to follow through on this and - - and get it - - 2 It's not, you know, as far as - - as far as 3 remodeling and things go, it's not a large - - 4 it's not a large project. And I know that all 5 these things, all these things cost money. I 6 think you have to really thank Alderman Bauman 7 for - - for working with you on this, because I 8 can see where the place has the potential to be a 9 nuisance, but it also has a potential to be quite 10 an asset. So now it's up to you what you do with 11 this conversion and everything. One thing I'm 12 impressed with is that you are there during the 13 late hours. These hours that - - These hours 14 that - - that could possibly tend to be trouble, 15 that you are there on location for that, and I'm 16 - - I'm impressed with that. So you're - - You 17 are not an absentee owner. You are serious about 18 your business. We appreciate that. But if these 19 deadlines aren't met, we'll have a hard time 20 convincing Alderman Bauman and the other members 21 of this committee to allow this - - those hours 22 to continue. So as long as we have a perfect 23 understanding of that. Hearing no objections, 24 the motion carries. 25 MR. MAISTELMAN: Thank you, Mr. 00018 1 Chairman. 2 THE APPLICANT: Thank you. 3 * * * * * 4 5 6 STATE OF WISCONSIN ) 7 ) 8 MILWAUKEE COUNTY ) 9 10 I, JEAN M. BARINA, of Milwaukee Reporters 11 Associated, Inc., 5124 West Blue Mound Road, 12 Milwaukee, Wisconsin 53208, certify that the foregoing 13 proceedings is a full and complete transcript of the J 14 J SUB taken in the foregoing proceedings. 15 16 17 18 19 20 JEAN M. BARINA 21 Court Reporter 22 23 24 Dated this day of March, 2008. 25