00001 1 2 CITY OF MILWAUKEE 3 COMMON COUNCIL 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 6 In the Matter of the renewal application for: 7 ROBERT F. CESARZ "CEASARS WORLD ENTERPRISES LLC" 8 "CLUB BARI" 628 North Water Street 9 * * * * * * * * * * * * * * * * * * * * * * * * * * * 10 11 12 13 Proceedings had and testimony given in 14 the above-entitled matter, before the COMMON 15 COUNCIL OF THE CITY OF MILWAUKEE, on the 23rd day 16 of March, 2011. 17 18 * * * * * 00002 1 P R O C E E D I N G S 2 PRESIDENT HINES: Alderman Jim Bohl 3 will now present the report of the Licenses 4 Committee. For the next several items we will 5 use the services of the Court Reporter. Let the 6 record reflect that the Court Reporter has been 7 sworn in. And will the Clerk please identify the 8 next item before the Council. 9 CITY CLERK: Item number two, the 10 Licenses Committee recommends approval of file 11 number 101007. Motion to approve the 12 recommendations of the Licenses Committee 13 relative to licenses. Included in the file are 14 the following recommendations. Nonrenewal based 15 on items number 1 through 6 on the police report 16 and Milwaukee Police Department testimony of the 17 Class B Tavern and Tavern Dance Licenses of 18 Robert F. Cesarz, Agent for "Caesars World 19 Enterprises LLC," for the premises at 628 North 20 Water Street known as "Club Bari" in the 4th 21 Aldermanic District. Written objections have 22 been filed. 23 PRESIDENT HINES: Have the members of 24 the Common Council read the report and the 25 recommendations of the Licenses Committee and the 00003 1 exceptions filed in these matters? Roll call, 2 please? 3 CITY CLERK: Alderman Hamilton? 4 ALDERMAN HAMILTON: Aye. 5 CITY CLERK: Davis? 6 ALDERMAN DAVIS: Aye. 7 CITY CLERK: Kovac? 8 ALDERMAN KOVAC: Aye. 9 CITY CLERK: Bauman? 10 ALDERMAN BAUMAN: Aye. 11 CITY CLERK: Bohl? 12 ALDERMAN BOHL: Aye. 13 CITY CLERK: Coggs? 14 ALDERWOMAN COGGS: Aye. 15 CITY CLERK: Wade? 16 ALDERMAN WADE: Aye. 17 CITY CLERK: Donovan? 18 ALDERMAN DONOVAN: Aye. 19 CITY CLERK: Puente? 20 ALDERMAN PUENTE: Aye. 21 CITY CLERK: Murphy? 22 ALDERMAN MURPHY: Aye. 23 CITY CLERK: Dudzik? 24 ALDERMAN DUDZIK: Aye. 25 CITY CLERK: Witkowiak? 00004 1 ALDERMAN WITKOWIAK: Aye. 2 CITY CLERK: Witkowski? 3 ALDERMAN WITKOWSKI: Aye. 4 CITY CLERK: Zielinski? 5 ALDERMAN ZIELINSKI: Aye. 6 CITY CLERK: Mr. President? 7 PRESIDENT HINES: Aye. 8 CITY CLERK: 15 ayes. 9 PRESIDENT HINES: 15 ayes, zero nos. 10 CITY CLERK: Are any of the following 11 or their counsels present, and if so, do they 12 wish to address the Common Council? Robert F. 13 Cesarz? Cesarz? Counsel is present. 14 PRESIDENT HINES: Alderman Bohl moves 15 that the Common Council resolve itself into the 16 Committee of the Whole for the purposes of 17 hearing arguments on behalf of the licenses in 18 opposition to the report and recommendations and 19 a statement presented by the City Attorney. Is 20 there any objections? Hearing none, we are now 21 in the Committee of the Whole. 22 Each side shall be limited to five 23 minutes. And the arguments shall be limited to 24 the subject matter of the report and the 25 recommendations and any written exceptions. 00005 1 CITY CLERK: The next matter is the 2 committee's recommendation of nonrenewal of the 3 licenses of Robert F. Cesarz, Agent for Club 4 Bari. 5 PRESIDENT HINES: Mr. Cesarz is being 6 represented by an attorney, Attorney Arena, who 7 will be joining us shortly. Thank you, sir. 8 Good morning. You have five minutes to present 9 to the Council. 10 MR. ARENA: Thank you, Mr. President. 11 Honorable members of the Common Council. Robert 12 Cesarz appears by Counsel Andrew Arena. I have 13 five minutes. I'm going to talk very fast. 14 There's a lot of ground that I have to cover 15 here, and I am going to ask you now to keep track 16 of your questions, and I'll be happy to answer 17 them after I conclude. 18 The core of what the issue is here goes 19 to, I think, the very oath that each and every 20 one of you takes. And that is to uphold the 21 Constitution. 15 years ago I watched the late 22 Dominic Frenzy rant and rave to the body about 23 due process. And that's the issue still here 24 today. I can prove, as a matter of fact, and 25 have supplied an affidavit with the written 00006 1 objection, that my client received the notice and 2 the police report of the hearing for nonrenewal a 3 day after the hearing. I personally collected 4 that affidavit from the post office. The 5 envelope is attached. The reason that it gets 6 there a day late is that the City addressed it 7 with the improper zipcode. 8 Now you're going to hear an argument 9 that the zipcode was supplied by my client. But 10 the reality is and what occurs in these matters 11 is when somebody goes down to fill out the 12 application, they get the paperwork. They meet 13 with a license specialist, and most of the time 14 people don't know the zipcode of the place that 15 they're trying to open. Many times they don't. 16 And they say, well, what does your record show? 17 Well, the place was licensed last year, and he 18 received 53204, wrote that on the plan of 19 operation. 20 This year when the renewal application 21 was submitted, the actual correct zipcode was 22 supplied, 53202. I bring this up, because my 23 client immediately when he got to the hearing, 24 brought up the point and said, "Hey, I didn't get 25 this police report. I didn't have notice. I 00007 1 came here on some citizen's notice. I didn't 2 understand what this was completely." He asked 3 for the matter to be moved so that he could have 4 a lawyer, and that was, you know, basically put 5 aside. He asked several times, could this be 6 moved? Now, the City puts together, through the 7 license office, these addresses, and they mail 8 out the notice. 9 The Alderman, himself, sent the letter 10 to the - - to my client, and it is in your 11 packet. It's part of the Aldermanic objection, 12 and he addresses it to Mr. Robert Cesarz at 11314 13 West Tonto Street, Big Bend, Wisconsin. 11314 14 West Tonto Street, Big Bend, Wisconsin does not 15 exist. That is an address in Arizona. That was 16 his previous address. And Big Bend is wrong. So 17 he never even received this. And I have some 18 issues with some of the content of this letter, 19 later. 20 I brought this issue up to the 21 gentleman of the 4th, Alderman Bauman, yesterday. 22 And he said, "Well, if you want it sent back to 23 committee, quite frankly, you'll have to go get a 24 judge to do that." As a lawyer, and he also 25 being a lawyer, that statement is appalling, to 00008 1 invite the City into litigation over due process 2 when it's clear that the due process was not 3 followed. 4 And when we talk about due process, if 5 you get a notice, you have a right to a notice of 6 a hearing. That's why the meeting starts out, 7 "Do you admit or deny receiving notice for this 8 hearing and that your license could be 9 nonrenewed?" My client says, "No, I didn't get 10 notice." Why are we making that statement if 11 we're just going to put that issue aside? 12 When we get into the details of this 13 case, and I think the main reason that we have a 14 recommendation for nonrenewal is not supported by 15 actually any evidence or testimony. The 16 complaint in the Alderman's letter is that he 17 said that he was going to operate an Italian 18 Chicago style sports lounge and grill. I've 19 submitted in another affidavit from 20 OnMilwaukee.com, a description of this location. 21 It's called Club Bari. There's an Italian flag 22 in the sign outside. There's Italian memorabilia 23 inside. In the plan of operation he asked for a 24 tavern dance license. A tavern dance license - - 25 PRESIDENT HINES: One minute. 00009 1 MR. ARENA: - - says it's going to be a 2 DJ. They've had a DJ. They marked off 17 types 3 of music, but yet there was no evidence or 4 testimony from anybody that said, I went in and 5 saw this song being played, and that's not in 6 that type of music. What you're getting into is 7 if we're going to start - - If this body wants to 8 start micro-managing types of music, well, then, 9 gosh darn it guys, let's make a list of songs 10 that places can play, and then everybody will 11 know exactly what the scoop is, and then you can 12 bring in a witness that says, ah, he played a 13 song off of the list. 14 PRESIDENT HINES: 30 seconds. 15 MR. ARENA: Reference has been made to 16 what he said he was going to play Frank Sinatra. 17 What, is somebody going to go into a place that 18 plays the same artist over and over? That's not 19 realistic. And when you look at the other facts 20 in this case, this police report, I mean, it's 21 right next to a much larger club on 618 Live, and 22 I hate to stand in here and pick on somebody else 23 and their record, but they've been open longer. 24 And if you compare the records of these two 25 places, apples for apples, and, you know, 00010 1 notoriously 618 Live has been to court twice to 2 keep a license - - 3 PRESIDENT HINES: Please wrap up. 4 MR. ARENA: - - it's been sanctioned by 5 this body with suspensions. And here we are the 6 first time this applicant is before the committee 7 without notice, we're going to say you're not 8 renewed, we're not doing anything progressive, 9 maybe you need a 20 day suspension, nothing? I 10 think this needs to go back to committee, and I'm 11 urging that that be done. I also filed a motion 12 that I think, given the statements of Alderman 13 Bauman, has to be considered, and that is a 14 request that his participation be barred in this 15 matter. Thank you, gentlemen. Are there any 16 questions? 17 PRESIDENT HINES: Thank you, Attorney. 18 Are there any questions of Attorney Arena? Yes, 19 the Chair recognizes Alderman Terry Witkowski. 20 ALDERMAN WITKOWSKI: Thank you, Mr. 21 President. I'm curious as to why your 22 submission, you give us three copies of an 23 outside of an envelope, but no copies of anything 24 bearing a wrong zipcode. 25 MR. ARENA: Well, actually, thank you 00011 1 for that question, Alderman. And if you look at 2 that zipcode, and you look at the affidavit that 3 accompanies that envelope, which is from the 4 mailman that delivered it. And if you look at 5 the cover address inside the notice, you'll see 6 that the address there is 53204. That is in your 7 packet. That's in the record. The police 8 report, that's the standard notice that went out. 9 And the envelope, as attested to under oath by 10 the post office, by the letter carrier, himself, 11 he wrote on the envelope, "Reroute 3/8/11 wrong 12 zipcode." Now, actually he wrote that to cover 13 his own behind, because he wanted it to be known, 14 and he recognized that the postmark was the 23rd 15 of February, and he wanted it to be known that 16 there was a reason that he didn't deliver it 17 until the 8th of 2011, and that was wrong 18 zipcode. And if you look at the notice, it's 19 address 53204, that's the wrong zipcode. And 20 people have noticed this, and actually we did get 21 a letter, which I did not submit to you from a 22 citizen. My client received a letter and said, 23 hey, I saw your hearing on TV, and, you know, 24 they have 53204 and you didn't get the notice, 25 because the zipcode was wrong. And the fact is, 00012 1 he got it the day after the hearing. Does that 2 answer your question, Alderman? 3 ALDERMAN WITKOWSKI: Not really. You 4 really didn't explain why the wrong zipcode, the 5 document with the wrong zipcode is not attached. 6 And furthermore, I - - I have a question on the - 7 - 8 MR. ARENA: It's not attached, because 9 it's already in the record, Alderman. I'm sorry 10 to interrupt. But I want to answer your 11 question, to save time here. The notice is in 12 the record. You'll notice that the address to my 13 client has a zipcode of 53204. Which by the way, 14 was an address supplied by the license specialist 15 when he filled out the original plan of 16 operation, which actually was corrected in the 17 renewal application. It was filled out as 53202 18 on the cover page, which I did demonstrate this 19 morning to City Attorney Adam - - Adam Stephens. 20 MR. WITKOWSKI: I also have a question 21 about the affidavit from Carl Wejenowski that 22 indicates, "I'm certain, because I recognize the 23 handwriting in the specific words, 'wrong 24 zipcode.'" Is Mr. Wejenowski a handwriting 25 expert? Has he studied the handwriting to know 00013 1 that - - that he recognized the handwriting? 2 MR. ARENA: No, he's not. But he can 3 look at that envelope and say, yeah, that's the 4 envelope that I saw. And what that establishes 5 that he, as the maintenance man, was contacted by 6 the mailman. And I think the more important 7 affidavit is the affidavit from the mailman, 8 himself, that says that is my handwriting, and I 9 delivered it on March 8th, 2011, because it had 10 the wrong zipcode. People that put the zipcode 11 on there are the City of Milwaukee. 12 Now, if you want to get to court - - 13 The burden is always on the party claiming that 14 notice was provided to prove that notice was 15 provided. Typically, when you go to court, you 16 have to have an affidavit of service from an 17 individual. You have to have evidence that this 18 guy says he gave this paperwork to this 19 individual. Here we're going on a mailing. You 20 have to rely on the zipcode. There has to be a 21 check on that zipcode. There's a conflict in 22 here, and who takes what addresses from what? I 23 mean, the perfect example is Alderman Bauman's 24 own letter is - - that's a split of two different 25 addresses on it. You know, why it doesn't get 00014 1 back as non-delivered, I don't know. But I can 2 tell you that there's a problem on how the 3 addresses are maintained and handled in the 4 system. And that shouldn't be the problem of my 5 client, especially when he came in and raised the 6 issue right off the bat. I didn't get notice. I 7 didn't - - And the important thing here is yeah, 8 he got some form of notice, he was there. But he 9 didn't get the police report, and he didn't have 10 adequate opportunity to address those issues in 11 that police report. 12 MR. WITKOWSKI: Thank you, Mr. Arena. 13 Thank you, Mr. President. Thank you. 14 PRESIDENT HINES: Thank you. Any 15 additional questions of Attorney Arena? If not, 16 thank you. We will not hear from the City 17 Attorney's office. Assistant City Attorney 18 Stephens. Again, Attorney, you have five minutes 19 to present to the Council. 20 MR. STEPHENS: Thank you, Mr. 21 President. Good morning, again. Members of the 22 Council, Adam Stephens, Assistant City Attorney. 23 This matter also became before the Licenses 24 Committee on March 7th of this year. And you 25 will note on the committee reports, findings of 00015 1 fact, conclusions of law, that the City Clerk 2 provided testimony at the Licenses Committee 3 hearing that the notice and attached police 4 report was mailed to the licensee, and was mailed 5 to the licensee at an address provided by that 6 licensee. We now know that the zipcode, that the 7 packet of information, meaning, the notice of the 8 committee hearing and the police report, was sent 9 to the wrong zipcode. You will note in paragraph 10 5A that the notice of the hearing was sent to the 11 license - - licensed agent at 628 North Water 12 Street, Milwaukee, Wisconsin 53204. We know, as 13 a matter of just basic common sense, that the 14 downtown address has a zipcode of 53202. 15 It's my understanding from the Licenses 16 Division that there is conflicting documents in 17 this year's packet for the renewal application 18 for these licenses. One of the documents 19 indicates that there is a zipcode of 53202, and 20 another document which specifically asks the 21 licensee who is filling out the form, whether 22 they may use the business address as the address 23 for mailing, and that was done so, and that 24 address had the 53204 zipcode. 25 Notwithstanding that issue, it is 00016 1 within your sound discretion whether or not to 2 remand this matter back to the committee due to a 3 lack of notice or not. The committee did go 4 forth with the hearing, notwithstanding the 5 request by the licensee to adjourn the matter. 6 And testimony was taken in the form of testimony 7 by several police officers, and the Captain of 8 the First District of the Police Department. 9 Those are contained in your findings of fact, a 10 brief summary of their testimony. Also, the 11 police synopsis report, certain items, and I 12 believe in this case all the items that were on 13 that synopsis report were adopted as a finding of 14 fact by the moving Alderperson when this matter 15 was finally - - when the motion was made to 16 recommend nonrenewal of these licenses, based on 17 the findings of fact and conclusions of law. 18 Again, I would ask that the Council 19 determine its decision on this case, based on 20 only those facts that are set forth in the 21 committee report. The arguments that I give and 22 the arguments that counsel give are just that. 23 They are arguments. And the decision whether to 24 renew, nonrenew, or renew with a suspension of 25 ten to 90 days is within your sound discretion. 00017 1 Thank you. 2 PRESIDENT HINES: Thank you. Alderman 3 Zielinski. 4 ALDERMAN ZIELINSKI: Attorney Stephens, 5 from a legal perspective, if it is the case where 6 an applicant supplies incorrect, erroneous 7 address information, does that supply sufficient 8 grounds to trigger a due process violation 9 against the City? 10 MR. STEPHENS: It is my position and 11 would be the position of our office that if the 12 - - It is the applicant's duty to provide the 13 correct information, and not filling out the 14 application with the correct information is 15 incumbent on the licensee to do that correctly. 16 However, there are equitable arguments that could 17 be raised in a court of law, arguing that notice 18 is required and that due process needs to be 19 followed, and I would acknowledge that there is a 20 possibility that the case could get remanded back 21 for a lack of notice. But the position that we 22 would take would be that it is the licensee's 23 responsibility, not the License Division's 24 responsibility to ascertain a correct address for 25 mailing. 00018 1 ALDERMAN ZIELINSKI: So you - - In 2 other words, you feel that the City's chance in 3 prevailing if a lawsuit would ensue would be 4 reasonable? 5 MR. STEPHENS: Any - - It would be a 6 guess on my part, Alderman, whether or not we 7 would ultimately be successful. My argument 8 would be that the licensee's mistake is what 9 caused this problem, and, therefore, the City is 10 not responsible for it. However, as I mentioned 11 before, there are some strong equitable arguments 12 saying that it was a simple numeric mistake in 13 the zipcode, and that notice wasn't - - wasn't, 14 in fact, received prior to the hearing. So I - - 15 I guess I would defer on whether or not a court 16 would agree or not with our arguments. I do 17 think we do have a strong argument in moving 18 forward if that is the - - the decision of the 19 Council vote. 20 ALDERMAN ZIELINSKI: Okay. Thank you. 21 PRESIDENT HINES: Alderwoman Coggs. 22 ALDERWOMAN COGGS: I just wanted to get 23 some clarity. You said on different portions of 24 the application the address was written by the 25 applicant differently? 00019 1 MR. STEPHENS: It is my understanding, 2 Alderwoman, that there are multiple application 3 forms that are filed by licensed applicants. The 4 renewal application, there is a plan of 5 operation, supplement application, and there 6 might be other applications of different forms. 7 Each of those - - I can tell you that there are 8 two forms that were filed in this case, relative 9 to this premise. One of those forms has the 10 correct zipcode on it. The other has the 11 incorrect zipcode. So that they were 12 inconsistent with one another, but they were on 13 different pieces of paper. That's the best 14 explanation I can give relative to the conflict. 15 ALDERWOMAN COGGS: The form that we 16 utilize this renewal cycle for this location for 17 the mailing address, this is the form that we use 18 in all cases for the mailing address? 19 MR. STEPHENS: There is - - My 20 understanding is that one of the forms that the 21 License Division uses in terms of, and I believe 22 it has to do with the supplement form for the 23 plan of operation, there is a - - the first 24 question or near first question is, "What is the 25 address of the premise?" The second question 00020 1 then says, "Is this," you know, "Which would the 2 licensee like us to send mail to, the above 3 address, the business address, or another 4 address?" And then there's - - There's a 5 location for the licensee to write a different 6 address if they'd like - - if they'd like a 7 distinct mailing address. In this particular 8 case, that form where the mistake in the zipcode 9 was - - was made, where it said, "53204," and 10 then, whoever filled out the application checked 11 the box and please send it to the above address, 12 which is the business address. However, on the 13 renewal application, the overall renewal 14 application, it's my understanding that that - - 15 the address that's given there is the correct 16 address with the zipcode of 53202. 17 ALDERWOMAN COGGS: Thank you. 18 PRESIDENT HINES: Thank you, Alderwoman 19 Coggs. Chair recognizes Alderman Davis. 20 ALDERMAN DAVIS: Mr. Stephens, I want 21 to - - First, Mr. President, would it be proper 22 for me to ask a question regarding the motion to 23 recuse and remove? That was actually included in 24 the objection of the attorney. 25 PRESIDENT HINES: Yes, sir. That would 00021 1 be an appropriate question, as well. 2 ALDERMAN DAVIS: Mr. Stephens, on the 3 motion to recuse and remove, for me if this is a 4 fundamental issue of if an Alderman has an 5 opportunity to testify on an issue, based upon 6 information that possibly may have been provided 7 by constituents in complaints, and in this 8 particular motion to recuse and remove, it spells 9 out that the Alderman of the District advocated 10 or took a position of not supporting this 11 particular establishment. And since he came to 12 the table to advocate against the renewal of the 13 - - of the - - the applicant, does this 14 particular motion to recuse and remove, should we 15 take that into consideration? I mean, because it 16 has - - And I'll, if I - - I want to elaborate. 17 I want to make sure that, you know, as we get 18 complaints and we come before the committee to 19 testify on what we know to be problems with an 20 establishment and to take a position on it, that 21 we would be able to come before Council, also, to 22 testify on that same issues to our colleagues, 23 who may not have had an opportunity to review the 24 committee's report. 25 MR. STEPHENS: Well, there's - - In 00022 1 response, Alderman, I have a couple of responses 2 to that. Number one, it is the position of the 3 City Attorney that the Council members do not 4 need to recuse themselves on the Council floor 5 when debating an item, including an item 6 involving licensing, due to having previous 7 opinions on whether or not the license should 8 continue. So I have advise, and would continue 9 to advise that no alderperson would need to 10 recuse themselves on the Council floor because 11 they already have an opinion on a matter. Number 12 one. 13 Number two, Alder - - 14 ALDERMAN DAVIS: If I - - If I may 15 interrupt. 16 MR. STEPHENS: Um-hnh. 17 ALDERMAN DAVIS: Is there a difference 18 between your own personal opinion and testifying 19 on things that have been relayed to you from a 20 community's perspective, and you're testifying on 21 behalf of your constituents? 22 MR. STEPHENS: That testimony should be 23 taking place at committee, rather than on the 24 Council floor. As I indicated and have been 25 indicating, it's been the position of our office 00023 1 and in litigation, that when - - On the Council 2 floor is purely legal argument. There should not 3 be any testimony being given on the Council 4 floor, because we're not in the business of take 5 - - making findings of fact here. So members can 6 certainly argue a position, and that's what you 7 do on a regular basis. But in terms of deciding 8 the matter, the decision must rest on the facts 9 that are set forth in the License Committee 10 report. If a member of the body wants certain 11 facts included in - - in making this decision 12 then it would be incumbent on that member to 13 testify before the Licenses Committee meeting and 14 then to ensure that - - that whatever that 15 testimony is, whatever that evidence is, makes it 16 into the report of the Licenses Committee so that 17 the entire body can rely on that testimony or 18 evidence as the case may be. 19 So there is - - There is a big 20 distinction between what is done at committee 21 versus what is done on the Council floor in terms 22 of adding evidence or arguing what the evidence 23 means. 24 ALDERMAN DAVIS: And what - - So in - - 25 in these objections, then my final question would 00024 1 be is that how valid is this - - the file that 2 was included in the objections of this motion to 3 recuse and remove a Council member? Is it valid 4 or is it invalid? 5 MR. STEPHENS: Well, that - - that is 6 an excellent question. The facts that were made 7 by committee are required by State Statute and by 8 local Ordinances. Both State Statute and local 9 Ordinances also allow licensees or any objector 10 to file objections to that report. I believe 11 that a reasonable argument could be made that an 12 objector could say to the full Council, we don't 13 agree with the findings of fact, and here's why, 14 and here's some other proof. I think it's reas - 15 - It is legitimate for objectors to include other 16 evidence in their objections, because that - - 17 they have to describe why they are objecting. 18 And I believe it's up to you and the other 19 members of the Council to review those 20 objections, and then determine whether or not 21 they merit any consideration or not. 22 ALDERMAN DAVIS: Thank you, Mr. 23 President. Thank you, Mr. Stephens. 24 PRESIDENT HINES: Thank you, Alderman 25 Davis. Any additional? If not, thank you, 00025 1 Attorney Stephens. 2 Alderman Bohl moves that the Committee 3 now rises. Hearing no objections, so ordered. 4 Are there any motions relative to these matters? 5 Are there any motions relative to these matters? 6 Chair recognizes Alderman Witkowiak. 7 ALDERMAN WITKOWIAK: Thank you, Mr. 8 President, members. Notwithstanding the 9 recommendation of the Committee, I move for 10 nonrenewal of the Class B Tavern License for the 11 establishment known as Envy 715-717 South 5th 12 Street. 13 (Discussion presented by Alderman 14 Witkowiak on the motion.) 15 PRESIDENT HINES: Thank you. Are there 16 any additional comments relative to the motion? 17 If not, we're going to take action on the motion 18 that's been proffered by Alderman Witkowiak. Mr. 19 City Clerk, call the roll, please. 20 CITY CLERK: On the amendment to change 21 the recommendation to nonrenewal. 22 CITY CLERK: Alderman Hamilton? 23 ALDERMAN HAMILTON: Aye. 24 CITY CLERK: Davis? 25 ALDERMAN DAVIS: Aye. 00026 1 CITY CLERK: Kovac? 2 ALDERMAN KOVAC: No. 3 CITY CLERK: Bauman? 4 ALDERMAN BAUMAN: Aye. 5 CITY CLERK: Bohl? 6 ALDERMAN BOHL: No. 7 CITY CLERK: Coggs? 8 ALDERWOMAN COGGS: No. 9 CITY CLERK: Wade? 10 ALDERMAN WADE: Aye. 11 CITY CLERK: Donovan? 12 ALDERMAN DONOVAN: Aye. 13 CITY CLERK: Puente? 14 ALDERMAN PUENTE: No. 15 CITY CLERK: Murphy? 16 ALDERMAN MURPHY: Aye. 17 CITY CLERK: Dudzik? 18 ALDERMAN DUDZIK: Aye. 19 CITY CLERK: Witkowiak? 20 ALDERMAN WITKOWIAK: Aye. 21 CITY CLERK: Witkowski? 22 ALDERMAN WITKOWSKI: Aye. 23 CITY CLERK: Zielinski? 24 ALDERMAN ZIELINSKI: Aye. 25 CITY CLERK: Mr. President? 00027 1 PRESIDENT HINES: No. 2 CITY CLERK: 10 ayes, five nos. 3 PRESIDENT HINES: 10 ayes, five nos. 4 The motion carries. Any additional motions 5 relative to items contained in the file? Any 6 additional motions? If there is no further 7 discussion, I request a vote of those Council 8 members present to approve the recommendations of 9 the Licenses Committee as contained in file 10 number 101007. Will the City Clerk please call 11 the roll? Before you do so, the Chair recognizes 12 Alderwoman Coggs. 13 ALDERWOMAN COGGS: To be consistent 14 with my vote in committee, on the Club Envy 15 component of the file, I just want to be marked 16 as abstaining. And for Club Bari, I would like 17 to be marked as no. 18 PRESIDENT HINES: Did you want to 19 change your vote from a no to abstention? That 20 was the motion that was put forth by Alderman 21 Witkowiak relative to - - 22 ALDERWOMAN COGGS: Not for his motion, 23 but for the - - 24 PRESIDENT HINES: For the file then. 25 ALDERWOMAN COGGS: - - committee's 00028 1 action - - Yeah, for the file. 2 PRESIDENT HINES: For the committee's 3 action. The committee's action was wiped out by 4 the Council's action on the motion that was 5 proffered by Alderman Witkowiak. 6 ALDERWOMAN COGGS: Oh. 7 PRESIDENT HINES: And so - - 8 ALDERWOMAN COGGS: Well, then scratch 9 that one. 10 PRESIDENT HINES: We'll let the record 11 reflect then, and it has not changed the outcome 12 of the vote, so - - so it will be reflected. 13 Okay. With that, now we'll take the roll call 14 vote on the file, it would be the file as 15 amended. 16 CITY CLERK: Alderman Hamilton? 17 ALDERMAN HAMILTON: Aye. 18 CITY CLERK: Davis? 19 ALDERMAN DAVIS: Aye. 20 CITY CLERK: Kovac? 21 ALDERMAN KOVAC: Aye. 22 CITY CLERK: Bauman? 23 ALDERMAN BAUMAN: Aye. 24 CITY CLERK: Bohl? 25 ALDERMAN BOHL: Aye. 00029 1 CITY CLERK: Coggs? 2 ALDERWOMAN COGGS: Aye. 3 CITY CLERK: Wade? 4 ALDERMAN WADE: Aye. 5 CITY CLERK: Donovan? 6 ALDERMAN DONOVAN: Aye. 7 CITY CLERK: Puente? 8 ALDERMAN PUENTE: Aye. 9 CITY CLERK: Murphy? 10 ALDERMAN MURPHY: Aye. 11 CITY CLERK: Dudzik? 12 ALDERMAN DUDZIK: Aye. 13 CITY CLERK: Witkowiak? 14 ALDERMAN WITKOWIAK: Aye. 15 CITY CLERK: Witkowski? 16 ALDERMAN WITKOWSKI: Aye. 17 CITY CLERK: Zielinski? 18 ALDERMAN ZIELINSKI: Aye. 19 CITY CLERK: Mr. President? 20 PRESIDENT HINES: Aye. 21 CITY CLERK: 15 ayes. 22 PRESIDENT HINES: 15 ayes, zero nos. 23 The file is adopted. Is there any further 24 discussion on the committee report? Any further 25 discussion on the committee report? Hearing 00030 1 none, Alderman Bohl moves for the approval of the 2 remainder of the report of the Licenses 3 Committee. Will City Clerk please call the roll? 4 CITY CLERK: Alderman Hamilton? 5 ALDERMAN HAMILTON: Aye. 6 CITY CLERK: Davis? 7 ALDERMAN DAVIS: Aye. 8 CITY CLERK: Kovac? 9 ALDERMAN KOVAC: Aye. 10 CITY CLERK: Bauman? 11 ALDERMAN BAUMAN: Aye. 12 CITY CLERK: Bohl? 13 ALDERMAN BOHL: Aye. 14 CITY CLERK: Coggs? 15 ALDERWOMAN COGGS: Aye. 16 CITY CLERK: Wade? 17 ALDERMAN WADE: Aye. 18 CITY CLERK: Donovan? 19 ALDERMAN DONOVAN: Aye. 20 CITY CLERK: Puente? 21 ALDERMAN PUENTE: Aye. 22 CITY CLERK: Murphy? 23 ALDERMAN MURPHY: Aye. 24 CITY CLERK: Dudzik? 25 ALDERMAN DUDZIK: Aye. 00031 1 CITY CLERK: Witkowiak? 2 ALDERMAN WITKOWIAK: Aye. 3 CITY CLERK: Witkowski? 4 ALDERMAN WITKOWSKI: Aye. 5 CITY CLERK: Zielinski? 6 ALDERMAN ZIELINSKI: Aye. 7 CITY CLERK: Mr. President? 8 PRESIDENT HINES: Aye. 9 CITY CLERK: 15 ayes. 10 PRESIDENT HINES: 15 ayes, zero nos. 11 The Committee report is adopted. The Court 12 Reporter is dismissed. Thank you for your 13 service. 14 * * * * * 00032 1 2 3 STATE OF WISCONSIN ) 4 ) 5 MILWAUKEE COUNTY ) 6 7 I, JEAN M. BARINA, of Milwaukee Reporters 8 Associated, Inc., 5124 West Blue Mound Road, 9 Milwaukee, Wisconsin 53208, certify that the 10 foregoing proceedings is a full and complete 11 transcript of CEASARS WORLD ENTERPRISES LLC/CLUB 12 BARI" taken in the foregoing proceedings. 13 14 15 16 17 18 JEAN M. BARINA 19 Court Reporter 20 21 22 Dated this day of April, 2011. 23 24