1 CITY OF MILWAUKEE COMMON COUNCIL * * * * * * * * * * * * * * * * * * * * * * * * * * In the Matter of: Lady Bug, LLC, 618 Live on Water Class B Tavern and Tavern Amusement Licenses HABIB MANJEE, "Lady Bug Club, LLC" 622 North Water Street * * * * * * * * * * * * * * * * * * * * * * * * * Proceedings had and testimony given in the above-entitled matter before the COMMON COUNCIL CITY OF MILWAUKEE on the 23rd day of November, 2010. 2 1 * * * * * 2 I N D E X 3 4 Statements Made By: Page 5 Attorney Halbrooks................................ 9 Attorney Stephens................................. 21 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 TRANSCRIPT OF PROCEEDINGS 2 PRESIDENT HINES: For the next several 3 items, we will use the services of the court 4 reporter. Let the record reflect that the 5 reporter has been sworn in. Will the city clerk 6 please identify the next items before the Council? 7 THE CLERK: Item No. 3, the Licenses 8 Committee recommends approval of File No. 100565, 9 motion to approve the recommendations of the 10 Licenses Committee relative to licenses. Included 11 in the file are the following recommendations: 12 Renewal with a 20-day suspension based upon the 13 police report and neighborhood objections of the 14 Class B Tavern and Tavern Amusement Licenses of 15 Habib Manjee, agent for Lady Bug, LLC, for the 16 premises at 622 North Water Street known as Lady 17 Bug Club, 618 Live on Water in the 4th Aldermanic 18 District. Written objections have been filed. 19 PRESIDENT HINES: Have the members of 20 the Common Council read the report, the 21 recommendations of the Licenses Committee and the 22 exceptions filed in this matter? City Clerk, 23 please call the roll. 24 THE CLERK: Alderman Hamilton. 25 ALDERMAN HAMILTON: Aye. 4 1 THE CLERK: Davis. 2 ALDERMAN DAVIS: Aye. 3 THE CLERK: Kovac. 4 ALDERMAN KOVAC: Aye. 5 THE CLERK: Bauman. 6 ALDERMAN BAUMAN: Aye. 7 THE CLERK: Bohl. 8 ALDERMAN BOHL: Aye. 9 THE CLERK: Coggs. 10 ALDERWOMAN COGGS: Aye. 11 THE CLERK: Wade. 12 ALDERMAN WADE: Aye. 13 THE CLERK: Donovan. 14 ALDERMAN DONOVAN: Aye. 15 THE CLERK: Puente. 16 ALDERMAN PUENTE: Aye. 17 THE CLERK: Murphy. 18 ALDERMAN MURPHY: Aye. 19 THE CLERK: Dudzik. 20 ALDERMAN DUDZIK: Aye. 21 THE CLERK: Witkowiak. 22 ALDERMAN WITKOWIAK: Aye. 23 THE CLERK: Zielinski. 24 ALDERMAN ZIELINSKI: Aye. 25 THE CLERK: Mr. President. 5 1 PRESIDENT HINES: Aye. 2 THE CLERK: 14 ayes, 1 excused. 3 PRESIDENT HINES: 14 ayes, 1 excused. 4 THE CLERK: Are any of the following or 5 their counsels present, and if so, do they wish to 6 address the Council? Elizabeth B. Bates, counsel 7 is present; Habib Manjee, counsel is present. 8 PRESIDENT HINES: Alderman Bohl moves 9 that the Common Council resolve itself in the 10 Committee of the Whole for the purpose of hearing 11 oral arguments on behalf of the licenses, in 12 opposition to the recommendations by the Licenses 13 Committee report and a statement presented by the 14 city attorney. Any objections? Hearing none, we 15 are now in the Committee of the Whole. 16 Each side shall be limited to five 17 minutes, and the arguments shall be limited to the 18 subject matter of the report and recommendations 19 and written exceptions. 20 With that being the case -- is there a 21 comment, Alderman Bohl? 22 ALDERMAN BOHL: Yes. 23 PRESIDENT HINES: Let me recognize 24 Alderman Bohl at this time. 25 ALDERMAN BOHL: Thank you, 6 1 Mr. President. At this time. I would like to 2 move that -- 3 PRESIDENT HINES: Alderman Bohl, with a 4 motion -- and that movement, because we are in the 5 Committee of the Whole, I thought it was relevant 6 to this matter. We will entertain that after we 7 come out of the Committee of the Whole, thank you. 8 With that being the case -- 9 ALDERMAN BOHL: Mr. President. 10 PRESIDENT HINES: Yes, Alderman. 11 ALDERMAN BOHL: Mr. President, I'm going 12 to move to strike some matters in the findings of 13 fact based upon the attorneys for one of the clubs 14 that we are going to hear going to court seeking a 15 writ of mandamus and the advice of the judge. I 16 don't know if this would be the appropriate time 17 to do that. It would, therefore, if such a motion 18 were accepted, it would strike from consideration 19 by this body, and therefore, change that which the 20 attorneys and city attorney would need to speak 21 before the body about. 22 PRESIDENT HINES: The Committee rises 23 for that purpose, and then we'll accept the 24 motion, and then we'll discuss the items after the 25 motion. 7 1 ALDERMAN BOHL: Thank you. My 2 apologies. 3 PRESIDENT HINES: Not a problem. The 4 chair recognizes Alderman Bohl. 5 ALDERMAN BOHL: Thank you, 6 Mr. President. At this time, I would move 7 relating to the renewal application for Habib 8 Manjee, agent for Lady Bug Club, LLC, for the 9 Class B Tavern and Tavern Amusement Cabaret 10 Nightclub renewal application to strike Items 5B, 11 as in boy; 5C, as in cat; and 5E, as in everybody, 12 from the findings of fact. And the rationale is 13 the attorneys representing this particular club 14 went to court yesterday seeking a writ of mandamus 15 over the issue of their having sought from the 16 police department by open records the original 17 PA33s for these items. Two of the three items 18 were not provided to them in a timely basis prior 19 to the hearing, and one was severely redacted 20 without a rationale that was provided. While the 21 judge didn't provide the writ, there was strong 22 advice from the judge that these matters not be 23 considered. And I think that the assistant city 24 attorney, Adam Stephens, may be able to expound on 25 that, but my motion for striking them would then 8 1 leave open the possibility that those items would 2 then be available to be considered possibly by the 3 Common Council here next year. 4 PRESIDENT HINES: That's an appropriate 5 motion. The alderman is striking Items 5B, 5C, 6 5E, as in Edward. Is there any objection of the 7 motion being put forth by Alderman Bohl? Are 8 there any discussions on the motion? Seeing and 9 hearing none, the motion carries. 10 Alderman Bohl now moves that the Common 11 Council resolve itself in the Committee of the 12 Whole for the purpose of hearing oral arguments on 13 behalf of the Licenses Committee and opposition to 14 the report, recommendations of the Licenses 15 Committee and the statements presented by the city 16 attorney. Is there any objection? Hearing none, 17 we are now in the Committee of the Whole. 18 Each side shall be limited to five 19 minutes. The arguments shall be limited to the 20 subject matter of the report, recommendations and 21 written exceptions. 22 We will now hear from representatives of 23 Habib Manjee, I believe. 24 Thank you, sir. Please identify 25 yourself, and then five minutes, please. 9 1 ATTORNEY HALBROOKS: I am Attorney 2 Halbrooks on behalf of Habib Manjee. Good 3 morning, Mr. President. Good morning, members. 4 I want to take my time to make a record 5 on just a couple of items. We have a standing 6 objection to the notice, provision. I hope all of 7 you have had a chance to read the notice that was 8 provided for this hearing. It was so bad that 9 your attorney when he wrote Paragraph 3, he had to 10 write "S-I-C, S-I-C" all through it. I continue 11 to object, and I hope somebody here at some point 12 will take notice of what the city clerk puts in 13 the notice that we may be hearing as challenges, 14 including prostitution. I don't think any of us 15 would like to have to go home and have to explain 16 why the government is putting a notice out that 17 you may have to explain prostitution. And I hope 18 you would understand how these applicants feel 19 when challenged in this matter with no evidence 20 whatsoever. 21 I want to raise a new challenge. The 22 new ordinance has given the clerk full discretion 23 to call a hearing. I don't believe the statute as 24 an ordinance contemplates having that much 25 discretion, and I believe that should remain the 10 1 way it was, and there should be certain parameters 2 met. 3 With regard to the question for the body 4 here, "Have you read the findings and objections?" 5 When we get to court, the city attorney will argue 6 and has argued every single time that this is an 7 actual, the adoption of the committee report, that 8 when you say you have the read the findings and 9 read the objections, that you're adopting the 10 report. Of course, if you're adopting the report 11 now, that begs the question, when we do get to 12 file our objection, which was due last week? 13 I want to continue to object to the 14 provision of 30 minutes. I think it is a very 15 difficult set of guidelines to follow for the 16 chair: the new idea that there is a contested 17 hearing for 30 minutes. We put on our case, but 18 we have no control over the members of the public 19 that come up to testify. We literally had a 20 circumstance where one of the attorneys, 21 Mr. Maistelman, had to tap them on the shoulder 22 and ask them to stop so that we would have 23 remaining time. 24 I also want to suggest that there is a 25 significant problem that this body's continued 11 1 practice of a 3-to-1 vote, it requires 8 votes to 2 change on the Council floor, and a 4-to-nothing 3 vote, 2/3 majority. I think that the ability to 4 play games with that continues to be a problem, 5 and I would suggest that that be revisited. 6 With regard to this case, here is 7 exactly what happened in the hearing if you didn't 8 watch it: Four witnesses appeared against Lady 9 Bug. The four witnesses are: the police captain, 10 who had no direct knowledge except for a part of 11 one incident; Mr. Aronson, who had no direct 12 knowledge, couldn't tell whether the people were 13 coming from Lady Bug or Club Bari and referred to 14 the people coming east on Michigan as "animals"; 15 and Beth Nichols, who held a star chamber event 16 with her board and didn't invite Lady Bug, and 17 then voted to recommend nonrenewal of Lady Bug to 18 her members. And then probably the most racially 19 provocative statement I've heard in my entire 20 history as a City of Milwaukee representative, 21 Bartolotta showed up and essentially complained 22 about African Americans downtown. When asked 23 whether he had any evidence to Lady Bug at all, he 24 said, "No, he had no idea who we were talking 25 about." 12 1 When we got to the motion of the 2 findings, essentially we were down to three items; 3 either in the notice, 5A, 5D, 5F; or in the 4 synopsis, 41, 46 and 50. The city attorney just 5 copied from the synopsis, which we proved was 6 wrong. The city attorney took this synopsis that 7 Kristin Krukowski (phonetic) of the police 8 department drafted and wrote in 5A. What was in 9 there did not include the -- 10 PRESIDENT HINES: One minute. 11 MR. HALBROOKS: One minute. 12 -- and that was not there. Also, the 13 46, the 11/30 incident, indicates that people 14 leaving Lady Bug, Captain Bastings indicated that 15 they couldn't tell who was leaving where. And 16 Item 50, 5F, has no evidence whatsoever. 17 What is in the record is that Item 41 18 and Item 50 were proactive events by Lady Bug, 19 which Alderman Kovac has committed that he would 20 not bring forward, and they are brought forward. 21 I would recommend that, in this instance, that you 22 take the Committee's advice, but impose a ten-day 23 suspension for the three items, and that will 24 eliminate our objection. 25 The record is clear, there are no 13 1 findings that back up the Committee's motion, or 2 there is no evidence in the record that back up 3 what is in the city attorney's draft here for you 4 today. 5 So it is our request that you take into 6 consideration that six items have become three, 7 and that based on the Committee's previous 8 exceptions, that three items for ten days is 9 appropriate. Thank you. 10 PRESIDENT HINES: Thank you. Why don't 11 you stay here, Mr. Halbrooks? Attorney Halbrooks. 12 Do we have any questions of Attorney Halbrooks? 13 The chair recognizes Alderman Kovac. 14 ALDERMAN KOVAC: Thank you, 15 Mr. President. 16 Attorney Halbrooks, I just want clarity. 17 I know you were rushing on that final minute 18 there. You mentioned that I had promised not to 19 bring some items forward. I'm reading Item H in 20 the findings of fact, which specifically is 21 indicating there are five items on the police 22 report, which reflect proactive measures taken by 23 the licensee, are minor incidents or lack of 24 sufficient evidence of conduct attributed to the 25 licensee or its patrons. And, therefore, those 14 1 five items are excluded from the case findings. 2 Is that what you are referencing, or something 3 else that I promised? 4 MR. HALBROOKS: I'm referencing your 5 statement where you indicated, that you said, "I 6 think we would like to be at a point where we 7 don't have any that are not other than the 8 proactive kind. I've made it clear that the 9 proactive incidents are not a part of my motion." 10 And then Item 41 was a proactive 11 incident where the Lady Bug security thought they 12 heard a gunshot, they then, when they heard the 13 gunshot, or heard what they thought was a gunshot, 14 they notified a state trooper who was there, who 15 then pulled the car over and got other state 16 troopers. The police report didn't arrive for 17 quite a while. And what Officer Krukowski did not 18 include in her synopsis was that when the police 19 department tested the gun, it had not been fired. 20 So, essentially, your motion indicated that 21 because there was a loaded gun in the car near the 22 club, that that was something that should be 23 included. 24 Your motion also indicated that you 25 didn't know whether the person had been in the 15 1 club. You first indicated that the person had 2 been in the club, and then later you indicated you 3 didn't know whether the person had been in the 4 club in the same motion. 5 Additionally, Item 50, there was no 6 evidence whatsoever. But what was in evidence was 7 that the incident was brought on by Lady Bug 8 security calling the police. Officer Krukowski 9 left that fact out. When I asked Sergeant 10 MacGillis about 50, he said there was no reason 11 that proactive efforts of Lady Bug should have 12 been left out. 13 So I do not understand the distinction 14 between the statement that we are going to 15 eliminate proactive events and including Item 41 16 and 50. 17 Item 46 was not proactive and several 18 blocks from the club and didn't involve it. 19 But if Lady Bug had not taken the 20 initiative on Item 41 when they thought they heard 21 a gunshot, there would be no item. When -- if 22 Lady Bug had not called Item 50, there would be no 23 items. 24 There is also absolutely no evidence in 25 the record about Item 50 at all, only the 16 1 synopsis, which we have challenged and will not 2 stand up in court because when only the officer 3 from the police department, Captain Bastings, 4 indicated he knew nothing about it, he couldn't 5 tell the individuals from Club Bari, from Lady Bug 6 apart, and that when people go east on Michigan, 7 they can't be, they can't figure out who is coming 8 from where. And so, obviously, that takes in Item 9 46, which is the only one that police initiated. 10 The interesting thing with that one is 11 that when the police came a week later and gave 12 Mr. Manjee a ticket, they gave him a ticket for a 13 disorderly patron. So if that would end up in 14 court, it would be an interesting argument for the 15 city attorney to back that one up because, of 16 course, there is evidence in the record that the 17 city attorney reviewed that matter and refused it 18 and discounted it. And there is a letter, in the 19 record the district attorney is indicating there 20 is no case there. 21 So, two of the items proactive, one of 22 the items two-and-a-half blocks away. Alderman 23 Bohl indicated that it -- his direct quote was, 24 "This is really bad, really bad. That it looks 25 like the only way to justify it is that the police 17 1 were there for two-and-a-half hours and write that 2 in the report. Clearly, the report indicates 3 people were leaving Lady Bug at 11:30, can't 4 possibly be true." 5 So when you indicated on Item 46, 6 Alderman, that there is direct police evidence, 7 there is quite a bit in the record; there is 8 absolutely none. And, in fact, you have the chair 9 indicating that there is none and it looks really 10 bad, and Captain Bastings had nothing to add. 11 So I don't believe that any of the three 12 are valid, and I will respect the Committee's 13 determination as far as recommending suspension, 14 but again, I think that -- 15 ALDERMAN KOVAC: Thank you. I think you 16 answered my question. 17 One brief follow-up in reference to Item 18 41. Was there also in that police report evidence 19 that subsequent to calling the police about the 20 gunshot, security interfered with the 21 investigation of the state patrol, which is one of 22 the reasons we don't know where the gun came from? 23 MR. HALBROOKS: I have -- security did 24 not call the police; security flagged down the 25 state patrol who was there on duty. I don't -- 18 1 the police didn't put in any evidence. We 2 objected to that statement. 3 And what your attorney will tell you, 4 too, is that there is pretty clear case law, 5 hearsay can come in at the committee, but once 6 challenged, if it is not supported and rebutted, 7 that it cannot be used as substantial evidence. 8 So the statement, we challenged that at the 9 committee. The police provided no evidence to 10 back up their claim that there was interference. 11 And so, legally, the law is very clear: This 12 cannot be substantial evidence. 13 What can be substantial evidence is the 14 gun that was recovered was not fired. And, yes, 15 if you to want to suspend a club for an individual 16 down the block in a car with a gun that wasn't 17 fired, we'll try that issue. 18 ALDERMAN KOVAC: Thank you. 19 PRESIDENT HINES: Are there any 20 additional questions of Attorney Halbrooks? If 21 not, thank you. I'm sorry, Alderman Dudzik. 22 ALDERMAN DUDZIK: Thank you very much. 23 How long has your client been at this 24 location? 25 ATTORNEY HALBROOKS: For several years 19 1 now. 2 ALDERMAN DUDZIK: Ten years? 3 ATTORNEY HALBROOKS: No, no, three, or 4 this is the fourth. I don't know that. That's 5 not in the record. 6 ALDERMAN DUDZIK: That is why I'm 7 asking. 8 And how many times are you aware -- have 9 you been their counsel the entire time? 10 ATTORNEY HALBROOKS: No, just last year 11 and this year. The first year they appeared 12 without counsel, and what happened -- and I don't 13 know, Alderman, if you were on committee at that 14 time, but I watched the hearing. It was 15 absolutely, I think, probably still one of the 16 most difficult hearings to watch because Mr. 17 Aronson was allowed to put in a chopped-up video 18 that, since I've been here, he hasn't tried to do 19 that. But now that his racial biases have been 20 brought out so clearly, I think that what happened 21 there was a very provocative video was shown, and 22 a 23 45-day suspension ensued. 24 Last year, Alderman Bauman challenged us 25 at the committee hearing for hours and hours and 20 1 hours on end and couldn't prove anything to the 2 Committee. When the Committee got done, they 3 recommended 20 days. When it came to the Council 4 floor in what is not a due-process hearing, 5 Alderman Bauman moved to make it 60 days at a 6 point in time we're not allowed to rebut and 7 indicate anything. And, obviously, that matter is 8 being litigated aggressively on both sides right 9 now. 10 So they got 60 days. So the Committee 11 went from 45 to 20, and then the Council bumped it 12 up to 60, and then the Committee again recommended 13 20. But, again, I would point out that the 14 Committee wasn't fully staffed on that day. The 15 first motion died for a 2-2 vote, and then on a 16 3-1, passed. 17 So I don't believe -- I think that what 18 is disturbing to me in that regard is that we used 19 our full 30 minutes. The objectors used about, I 20 don't know, 15 minutes or 16 minutes. The 21 objectors made no case, and yet our entire -- all 22 of the neighbors, all of the security, all of the 23 details that were shown, including the photo of 24 the people standing waiting in line behind 25 barricades so nicely at Lady Bug, which Alderman 21 1 Kovac in his motion referred to as "chaos," I hope 2 you can -- 3 PRESIDENT HINES: Excuse me, Alderman 4 Dudzik, did he answer your question? 5 ALDERMAN DUDZIK: Yes, I'm fine, thank 6 you very much. 7 PRESIDENT HINES: Are there any 8 additional questions for the attorney by council 9 at this time? If not, thank you. 10 ATTORNEY HALBROOKS: Thank you. 11 PRESIDENT HINES: We will hear from the 12 assistant city attorney. He, too, will have five 13 minutes. 14 ATTORNEY STEPHENS: Again, members, Adam 15 Stephens, assistant city attorney. 16 This license matter came before the 17 Licenses Committee on November 8, 2010. Based 18 upon that hearing, wherein the Committee 19 considered the synopsis of this report prepared by 20 the licenses investigation unit of the Milwaukee 21 Police Department, it also heard testimony from 22 Captain Steven Bastings, the commander of District 23 No. 1; Police District No. 1, an executive 24 director of the downtown BID; and a neighborhood 25 resident. In addition, the licensee had several 22 1 witnesses appear on their behalf. 2 The findings of fact and collusions of 3 law are listed in the committee report that is 4 before you, that you have reviewed. I would 5 acknowledge that based on Alderman Bohl's earlier 6 motion, we were in court, in the circuit court, on 7 Monday of this week relative to a writ of mandamus 8 action in response to a lack of disclosure of 9 certain police reports relative to documented 10 findings of facts. Therefore, based on the motion 11 by Alderman Bohl and the ongoing litigation in 12 that case, we would, and I would respectfully 13 request and advise this body to not consider those 14 factual items in determining your ultimate 15 disposition in this case: those items that are 16 listed in Paragraphs 5B, 5C and 5E. Those items 17 in the other paragraphs that were found as fact, 18 you may consider. Those items would be in 19 Paragraphs 5A, 5D, 5F, 5G, 5H, 5I, 5J, 5K, 5L, 5M 20 and 5N. 21 As was indicated before, your 22 discretion, this is in your discretion whether to 23 renew, renew with a suspension of 10 to 90 days or 24 nonrenewal of this license. My only request and 25 advice is to rely only on the facts that are 23 1 presented in the amended findings of facts and not 2 in any other factors. Thank you. 3 PRESIDENT HINES: Thank you. 4 Are there any questions of the assistant 5 city attorney? If not, thank you. 6 Alderman Bohl moves that the Common 7 Council -- I'm sorry, there are some comments? 8 The chair recognizes Alderman Hamilton. 9 ALDERMAN HAMILTON: Thank you, 10 Mr. President. I want to just make sure of 11 whatever action that we are about to take that 12 this is clarified. With the motion that is about 13 to be made, is the city attorney suggesting that 14 whatever motion be with this file be restated 15 because there was a different reasoning set at 16 Committee, so current advice, you know, as he just 17 stated? So would any action that is being taken 18 by this body need to be stated as the reasoning 19 behind whatever motion that would be made or even 20 the recommendation from this committee? 21 PRESIDENT HINES: Yes, give me a second. 22 The motion I was going to make is that we would 23 come out of the Committee of the Whole, and then I 24 was going to entertain the motions, but I don't 25 anticipate -- I think that Alderman Bohl kind of 24 1 served as protection for this body. We amended 2 the findings of facts that were brought by the 3 alderman of 5B, 5C, 5F, and it was the assistant 4 city attorney's intentions to make certain for 5 clarity purposes what items that we should 6 entertain. 7 ALDERMAN HAMILTON: Okay. 8 PRESIDENT HINES: With that being the 9 case, Alderman Bohl moves that the Committee now 10 rises. Hearing no objections, so ordered. 11 Are there any motions relative to these 12 matters? The chair recognizes Alderman Bauman. 13 ALDERMAN BAUMAN: Thank you, Mr. 14 President. With respect to the Class B Tavern and 15 Cabaret License for the Lady Bug Club, I move to 16 amend the 20-day recommendation to a 30-day 17 suspension, and I'd like to speak to the issue. 18 PRESIDENT HINES: That is an appropriate 19 motion. The chair recognizes Alderman Bauman on 20 the motion. 21 ALDERMAN BAUMAN: Thank you. When 22 attorneys come before us to argue on behalf of 23 their clients, their purpose here is to persuade 24 us, and I was persuaded. And I was persuaded that 25 20 days is not sufficient based on the comments of 25 1 their attorney. As Alderman Dudzik, the answer to 2 Alderman Dudzik's question pointed out, 45-day 3 suspension, two years ago; 60-day suspension last 4 year; and basically, the same behavior this year 5 and a 20-day suspension. 6 The captain of police for the 1st 7 District testified as the findings of fact 8 indicate. The findings of facts indicate that 9 Milwaukee Police Department puts four officers on 10 overtime solely to protect, police this block when 11 these clubs are open. I suspect every member of 12 this body would like to have four officers on 13 overtime dedicated to patrolling their business 14 districts on a dedicated, full-time basis. He 15 also testified to the incredible amount of 16 resources that are generated by this, demands for 17 resources that are generated by this club. The 18 executive director for the Downtown Business 19 Improvement District testified, testified that she 20 has personally observed the disorder, testified as 21 to the impact this is having, that this club has 22 on downtown business establishments' economic 23 activity in this area, and testified that her 24 board of directors representing major stakeholders 25 in the central business district took a vote to 26 1 recommend nonrenewal of this license. 2 So based on those facts in the findings 3 of facts, and based on the very persuasive 4 comments by counsel, I think 30 days is 5 appropriate. 6 PRESIDENT HINES: Thank you, Alderman. 7 Are there any additional comments relative to the 8 motion put forth by Alderman Bauman? That is an 9 appropriate motion. We are going to subject that 10 motion to a roll call vote. Mr. City Clerk, 11 please call the roll. 12 THE CLERK: On the amendment, Alderman 13 Hamilton. 14 ALDERMAN HAMILTON: No. 15 THE CLERK: Davis. 16 ALDERMAN DAVIS: No. 17 THE CLERK: Kovac. 18 ALDERMAN KOVAC: No. 19 THE CLERK: Bauman. 20 ALDERMAN BAUMAN: Aye. 21 THE CLERK: Bohl. 22 ALDERMAN BOHL: No. 23 THE CLERK: Coggs. 24 ALDERWOMAN COGGS: No. 25 THE CLERK: Wade. 27 1 ALDERMAN WADE: No. 2 THE CLERK: Donovan. 3 ALDERMAN DONOVAN: Aye. 4 THE CLERK: Puente. 5 ALDERMAN PUENTE: Aye. 6 THE CLERK: Murphy. 7 ALDERMAN MURPHY: No. 8 THE CLERK: Dudzik. 9 ALDERMAN DUDZIK: Aye. 10 THE CLERK: Witkowiak. 11 ALDERMAN WITKOWIAK: No. 12 THE CLERK: Zielinski. 13 ALDERMAN ZIELINSKI: Aye. 14 THE CLERK: Mr. President. 15 PRESIDENT HINES: No. 16 THE CLERK: 5 ayes, 9 nos, 1 excused. 17 PRESIDENT HINES: 5 ayes, 9 nos, 1 18 excused. The motion fails. 19 Are there any additional motions 20 relative to this file? 21 The chair recognizes Alderman Witkowski. 22 ALDERMAN WITKOWSKI: Thank you, Mr. 23 President. I wish to ask for unanimous consent to 24 be recorded in the affirmative in answering to 25 whether or not I have read the report. 28 1 PRESIDENT HINES: Thank you. Let the 2 record reflect Alderman Witkowski's support, or 3 his having read the material. Any objection to 4 that? If not, thank you, Alderman. 5 Any further discussion, any further 6 amendments? If not, I request those votes, the 7 council members present to approve the 8 recommendations of the Licenses Committee as 9 contained in File No. 100565. Will the city 10 clerk, please call the roll? 11 THE CLERK: Alderman Hamilton. 12 ALDERMAN HAMILTON: Aye. 13 THE CLERK: Davis. 14 ALDERMAN DAVIS: Aye. 15 THE CLERK: Kovac. 16 ALDERMAN KOVAC: Aye. 17 THE CLERK: Bauman. 18 ALDERMAN BAUMAN: Aye. 19 THE CLERK: Bohl. 20 ALDERMAN BOHL: Aye. 21 THE CLERK: Coggs. 22 ALDERWOMAN COGGS: Aye. 23 THE CLERK: Wade. 24 ALDERMAN WADE: Aye. 25 THE CLERK: Donovan. 29 1 ALDERMAN DONOVAN: Aye. 2 THE CLERK: Puente. 3 ALDERMAN PUENTE: Aye. 4 THE CLERK: Murphy. 5 ALDERMAN MURPHY: Aye. 6 THE CLERK: Dudzik. 7 ALDERMAN DUDZIK: Aye. 8 THE CLERK: Witkowiak. 9 ALDERMAN WITKOWIAK: Aye. 10 THE CLERK: Witkowski. 11 ALDERMAN WITKOWSKI: Aye. 12 THE CLERK: Zielinski. 13 ALDERMAN ZIELINSKI: Aye. 14 THE CLERK: Mr. President. 15 PRESIDENT HINES: Aye. 16 THE CLERK: 15 ayes. 17 PRESIDENT HINES: 15 ayes, 0 nos. The 18 file is adopted. Is there any further discussion 19 on the committee report? Seeing and hearing none, 20 Alderman Bohl moves for the approval of the 21 recommendations of the Licenses Committee report. 22 Will the city clerk please call the roll? 23 THE CLERK: Alderman Hamilton. 24 ALDERMAN HAMILTON: Aye. 25 THE CLERK: Davis. 30 1 ALDERMAN DAVIS: Aye. 2 THE CLERK: Kovac. 3 ALDERMAN KOVAC: Aye. 4 THE CLERK: Bauman. 5 ALDERMAN BAUMAN: Aye. 6 THE CLERK: Bohl. 7 ALDERMAN BOHL: Aye. 8 THE CLERK: Coggs. 9 ALDERWOMAN COGGS: Aye. 10 THE CLERK: Wade. 11 ALDERMAN WADE: Aye. 12 THE CLERK: Donovan. 13 ALDERMAN DONOVAN: Aye. 14 THE CLERK: Puente. 15 ALDERMAN PUENTE: Aye. 16 THE CLERK: Murphy. 17 ALDERMAN MURPHY: Aye. 18 THE CLERK: Dudzik. 19 ALDERMAN DUDZIK: Aye. 20 THE CLERK: Witkowiak. 21 ALDERMAN WITKOWIAK: Aye. 22 THE CLERK: Witkowski. 23 ALDERMAN WITKOWSKI: Aye. 24 THE CLERK: Zielinski. 25 ALDERMAN ZIELINSKI: Aye. 31 1 THE CLERK: Mr. President. 2 PRESIDENT HINES: Aye. 3 THE CLERK: 15 ayes. 4 PRESIDENT HINES: 15 ayes, 0 nos. The 5 committee report is adopted. 6 The court reporter is dismissed. Thank 7 you for your service. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 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 proceeding was recorded 8 by me on November 23, 2010, and reduced to writing 9 under my personal direction. 10 I further certify that I am not a 11 relative or employee or attorney or counsel of any of 12 the parties, or a relative or employee of such attorney 13 or counsel, or financially interested directly or 14 indirectly in this action. 15 In witness whereof I have hereunder set 16 my hand and affixed my seal of office at Burlington, 17 Wisconsin, this 28th day of November, 2010. 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