00001 1 2 CITY OF MILWAUKEE 3 UTILITIES & LICENSES COMMITTEE 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 In the Matter of a Class "B" Tavern Application for: 6 HAROLD SHIRER, JR., "THE BOTTOM" 7 5310 W. Center Street 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 COMMITTEE MEMBERS ALD. FREDRICK GORDON - Acting Chairman 10 ALD. JAMES BOHL - Vice-Chairman ALD. JEFFREY PAWLINSKI 11 ALD. JOSEPH A. DUDZIK 12 LICENSING DIVISION by JAMES COPELAND NEIGHBORHOOD SERVICES by PANDORA BENDER 13 HEALTH DEPARTMENT by PAUL ZEMKE POLICE DEPARTMENT by SERGEANT JOHN HOGAN 14 OFFICE OF THE CITY ATTORNEY by ATTORNEY BRUCE SCHRIMPF 15 16 Proceedings had and testimony given in 17 the above-entitled matter, before the UTILITIES & 18 LICENSES COMMITTEE OF THE CITY OF MILWAUKEE, on 19 the 1st day of April, 2003. 00002 1 P R O C E E D I N G S 2 VICE-CHAIRMAN BOHL: Harold Shirer, 3 Jr., Class A - - or Class "B" Tavern application 4 for "The Bottom" at 5310 West Center Street in 5 the 7th Alderman District. Good morning, 6 gentlemen. Would you please raise your right 7 hand? 8 SECRETARY: Do you solemnly swear to 9 tell the truth, the whole truth, and nothing but 10 the truth, so help you God? 11 WITNESSES: I do. 12 VICE-CHAIRMAN BOHL: And do you 13 gentlemen, do you, Mr. Shirer, acknowledge 14 receipt of notice of today's meeting, with the 15 possibility that your tavern application could be 16 denied based on neighborhood objection to 17 littering, loitering, traffic problems, noisy 18 patrons, concentration of alcohol beverage 19 outlets in the area, and conduct which is 20 detrimental to the health, safety and welfare of 21 the neighborhood? 22 THE APPLICANT: Yeah. 23 VICE-CHAIRMAN BOHL: Okay. Health 24 Department? 25 HEALTH: Health Department needs an 00003 1 inspection of the premises, and I have note here 2 that the location has not been recently licensed 3 as a tavern. 4 VICE-CHAIRMAN BOHL: Neighborhood 5 Services? 6 DNS: Hold for occupancy. 7 VICE-CHAIRMAN BOHL: Okay. And there 8 is nothing from the police department? 9 SERGEANT HOGAN: Nothing from the 10 police. 11 VICE-CHAIRMAN BOHL: Alderman Gordon? 12 ALDERMAN GORDON: Thank you, Mr. 13 Chairman. We're here this morning on this 14 matter, and I'm going to submit a concentration 15 map and a list of licensed premises in the area 16 for the committee's information. 17 VICE-CHAIRMAN BOHL: Linda, could you 18 provide copy to the applicant, as well, too. And 19 Alderman Dudzik will move to make this 20 concentration map part of our record. Is there 21 any objection to that? Hearing none, so ordered. 22 Go on, Alderman Gordon. 23 ALDERMAN GORDON: Thank you, Mr. 24 Chairman. This premise may be familiar to the 25 committee. About approximately three years ago 00004 1 this was known as the Cream City Tap. And there 2 was an unfortunate incident there where two young 3 men were shot and killed outside the premises. 4 The premises was shut down and the Class "A" 5 license was re - - was revoked as a result of 6 that altercation. And I spoke with the 7 applicants regarding the situation, and we do 8 have a postcard survey that was conducted, and 9 all of the - - Let's see, one, two - - five, six 10 - - There were 29 responses against a license at 11 this premise, and two in favor of it. And you 12 have the concentration maps before you, and at 13 this time I'm objecting to a license being 14 granted at this establishment. There is an 15 establishment on the same street, and having two 16 establishments virtually next door to each other 17 would not be certainly in the best interests of 18 the residents who live adjacent to the - - the 19 area where this establishment currently is, and 20 because of the past problems that took place at 21 this establishment, which caused this revocation 22 approximately three - four years ago, I object to 23 the license being granted at this time. 24 VICE-CHAIRMAN BOHL: Mr. Shirer, you 25 - - you have heard some of the concerns conveyed 00005 1 by Alderman Gordon. Would you like to take the 2 opportunity now to address the issue that's being 3 presented in terms of an over-concentration of 4 alcohol outlets in the area and - - and some of 5 the other concerns that he's raised? 6 MR. BROOKS: Yes, I sure would. 7 VICE-CHAIRMAN BOHL: Okay. First off, 8 are you - - are you Harold Shirer? 9 MR. BROOKS: No, I am not. 10 VICE-CHAIRMAN BOHL: Okay. Could you 11 please identify your - - yourself for the record, 12 name and address? 13 MR. BROOKS: My name is Melvin Brooks. 14 I live at 5308 West Center Street. I am the 15 owner of the property. 16 VICE-CHAIRMAN BOHL: Okay, Mr. Brooks, 17 go ahead. 18 MR. BROOKS: In reference of the - - 19 the incident that went on there, I don't feel 20 that I should be responsible for this for what 21 went on in the past tense of that property. I do 22 feel that for this - - from the property itself 23 that I purchased, I went and I did a analog. I 24 checked it, and I seen that it had prior 25 violations on it. So what they told me that I 00006 1 was supposed to do was write in a reconsideration 2 letter, which is what I did, for this to let the 3 community know that you are able to come here to 4 have your community meetings here for this - - 5 for there will not be no dancing in here. There 6 will not only be just for this for me to serve 7 liquor, there would be a restaurant, also, being 8 there for this - - for the community, too. I 9 don't feel that for this - - for what went on in 10 the past tense, that I should be held responsible 11 for it. 12 VICE-CHAIRMAN BOHL: Mr. Shirer, is 13 there anything else that you want to add in terms 14 of what your intentions are at this point? 15 THE APPLICANT: I plan to run it like 16 as a sports bar. So it will be way different 17 from how it was before, and the altercations that 18 happened before probably wouldn't happen this 19 time. 20 ALDERMAN PAWLINSKI: Mr. Chairman, I 21 have a question. I have a question. 22 VICE-CHAIRMAN BOHL: Alderman 23 Pawlinski. 24 ALDERMAN PAWLINSKI: Thank you. For 25 either gentlemen, either one of you gentlemen, do 00007 1 you either - - Can you describe to me your 2 experience in the bar business or the restaurant 3 business, and if you will want to run it as a 4 restaurant/sports bar, do you have any experience 5 in either one of those fields? 6 MR. BROOKS: No, I do not have 7 experience in that field. 8 ALDERMAN PAWLINSKI: Mr. Shirer. 9 THE APPLICANT: No, I don't have any 10 experience in that field, either. 11 VICE-CHAIRMAN BOHL: Any other 12 questions from committee? 13 ALDERMAN DUDZIK: Mr. Chair. 14 VICE-CHAIRMAN BOHL: Alderman Dudzik. 15 ALDERMAN DUDZIK: How long have you 16 owned the property? 17 MR. BROOKS: I just purchased it. I 18 only had it about eight months. 19 ALDERMAN DUDZIK: Thank you. 20 VICE-CHAIRMAN BOHL: This item is cited 21 for neighborhood objections. There is - - Is 22 there any other - - There are two individuals. 23 Are you here in favor or against the item? 24 THE WITNESS: I'm here against. I want 25 to speak first, because I have another meeting. 00008 1 VICE-CHAIRMAN BOHL: Why don't you come 2 forward here. 3 ALDERMAN PAWLINSKI: Mr. Chairman, can 4 I ask a question? 5 VICE-CHAIRMAN BOHL: Alderman 6 Pawlinski. 7 ALDERMAN PAWLINSKI: Are there anybody 8 - - Is there anybody here who wants to speak in 9 favor if it? 10 VICE-CHAIRMAN BOHL: Okay. 11 ALDERMAN PAWLINSKI: Mr. Chairman, I 12 can save everybody a lot of time, because based 13 on the concentration map, based on the fact that 14 there is significant opposition based on Alderman 15 Gordon's survey, what I would do today, and based 16 on the history of this establishment, is I would 17 make a motion right now for denial. 18 VICE-CHAIRMAN BOHL: Okay. Alderman 19 Pawlinski, let's do that, but why don't we get 20 the - - the names and the addresses of the two 21 individuals who are here in opposition. We don't 22 necessarily have to take their testimony, but for 23 the record - - for the record here, why don't - - 24 Sir, if - - if you want, why don't you step up to 25 the microphone here, you and this other 00009 1 gentleman. You can just provide your name and 2 your address for the record. 3 THE WITNESS: My name is Andre Gilliam. 4 I'm a homeowner at 2669 North 54th Street right 5 around the corner from there. 6 VICE-CHAIRMAN BOHL: And for the 7 record, you are opposed to this - - 8 THE WITNESS: I'm a probation officer 9 for children's court. I'm opposed to this. We 10 have enough liquor stores over there. We have 11 people in that neighborhood that are trying to 12 rebuild that neighborhood. Alderman Gordon - - 13 Gordon knows me well. We - - I'm already dealing 14 with the - - the owners from Cream City. That 15 sports bar, you know what's going to happen. 16 It's ridiculous. It don't need to be there. 17 It's enough. The neighborhood is suffering. We 18 got booming music over there as it is. People 19 over there working, can't sleep, and you know - - 20 you know what's going to happen over there. I 21 oppose it. Please do not license. Please. 22 VICE-CHAIRMAN BOHL: Thank you. Thank 23 you, sir. 24 MR. SCHRIMPF: Mr. Chairman. 25 VICE-CHAIRMAN BOHL: Alderman. Thank 00010 1 you very much. Why don't we - - Can we just have 2 - - Before - - Before we - - Before we continue, 3 could we have you just raise your right hand and 4 - - and swear you in. Go ahead. 5 SECRETARY: Do you solemnly swear to 6 tell the truth, the whole truth, and nothing but 7 the truth, so help you God? 8 THE WITNESSES: I do. 9 VICE-CHAIRMAN BOHL: And - - And just 10 for the record, the information that you provide, 11 do you swear that that testimony that you just 12 provided was - - was true to your ability. 13 THE WITNESS: I would not lie. 14 VICE-CHAIRMAN BOHL: Okay. Thank you. 15 MR. SCHRIMPF: Mr. Chairman. 16 VICE-CHAIRMAN BOHL: Yes, Mr. Schrimpf. 17 MR. SCHRIMPF: I want to ask, Mr. 18 Gilliam, did you appear at the renewal hearing 19 regarding the Cream City Pub? I seem to remember 20 that name. 21 THE WITNESS: Well, your Honor, I - - 22 Sir, what I did was I had basically voiced my 23 opinion about the situation that was going on 24 with Cream City Pub. I had got - - I mean with 25 Steppin' Up. What happened last year there 00011 1 was a - - 2 MR. SCHRIMPF: It was Steppin' Up. 3 THE WITNESS: - - there was a shooting 4 last Easter at 2:30 in the morning. Me and my 5 neighbors were outside watching patrons from 6 Steppin' Up Club, and we were having problems 7 with the trash. Right now, I had just spoke with 8 the owner from Steppin' Up Club. I got - - I 9 have vomit all in front of my house from people 10 coming out of the establishment. I got beer 11 bottles, and what I want you to understand is 12 that I worked two or three jobs for seven years 13 straight to get this house. Me and my father 14 gutted it out, redid the plumbing, so I could try 15 to get some money for it so I could get me 16 another better home and a duplex. And we need 17 help. There are people over there that want that 18 neighborhood to prosper. We're right by 19 Wauwatosa. We got Washington Heights. We got 20 the St. Joe's area. We already have 21 establishments and landlords over there that - - 22 that don't want to clean up their property. 23 Their alleyways are filthy, and people are living 24 like dogs. I refuse to live that way. I work 25 too hard, and I'm currently a graduate student at 00012 1 UWM, and I will not tolerate this type of 2 behavior in my neighborhood. You either - - 3 Somebody's got to stand up and be counted. 4 Because let me tell you something. You 5 got Steppin' Up Club. You got The Vibe, and you 6 got another liquor store. You got another liquor 7 place right down the street. There is trash all 8 up and down there. You can't just blame Steppin' 9 Up Club for the trash. There are other 10 establishments that don't sell liquor that don't 11 do anything there. It is time - - It's time - - 12 I don't - - I don't know if - - if there is some 13 type of alderman initiative that you guys have 14 that you could put down fines so people would 15 have to clean up their - - their - - their lots, 16 or they'll clean up around the area. But it's 17 time for that, because our property value has 18 just went up, and I want to make money off of my 19 home. And how much liquor do we need in this 20 neighborhood? This neighborhood is racially 21 mixed, and thank God for that, because we need 22 more of that in Milwaukee, and I want to keep it 23 that way, and we're not going to have it that way 24 because these type of establishments, do you know 25 what they bring? They bring thugs. They bring 00013 1 people that don't live there, that don't care 2 about whether or not you got to get up at 5:30 in 3 the morning to get to work. They don't care. 4 And I hope that you guys don't license this. 5 Thank you. 6 VICE-CHAIRMAN BOHL: Mr. Gilliam, thank 7 you. 8 ALDERMAN PAWLINSKI: Mr. Chairman, I 9 agree with everything this gentleman has said. 10 For the record, I want - - I want it to be noted 11 that I already made a motion for denial, and if 12 you would like to move on with your day and get 13 back to work, if you just want to provide us with 14 your name and your address, I think - - 15 VICE-CHAIRMAN BOHL: That's - - That's 16 what I've asked, and, Mr. Schrimpf did ask a 17 question thereafter, so. 18 THE WITNESS: I would like - - I would 19 like to say a couple things. My name is George 20 Wagner. I live at 2719 North 53rd Street. I've 21 lived there for over 30 years. I'm a president 22 of an organization at St. Catherine's. St. 23 Catherine's was here at the last hearing that 24 closed the tavern because of the problems. In 25 the area there's these six schools within about a 00014 1 five block radius. There are taverns on North 2 Avenue. There are taverns on Center. There are 3 taverns on Burleigh. Again, I'm for not to be 4 licensed as a tavern. We have St. Catherine's 5 Parish as a whole from is totally against it. 6 VICE-CHAIRMAN BOHL: Okay. Thank you, 7 Mr. Wagner. Is any other persons here to? Okay. 8 Mr. George, we're not going to take testimony. 9 We just want to hear, if you can provide your 10 name and - - and business address here. 11 THE WITNESS: My name is Olayinka 12 George. O-L-A-Y-I-N-K-A. I own the establish 13 - - establishment of Steppin' Up Club on 5318 14 West Center. 15 VICE-CHAIRMAN BOHL: And you are here 16 in opposition, as well. 17 THE WITNESS: In opposition of this 18 tavern. 19 VICE-CHAIRMAN BOHL: All right. 20 Gentlemen, this is - - You have an opportunity to 21 address anything here very briefly. We provided 22 you an early opportunity. Very briefly, is there 23 anything you want to say? 24 MR. BROOKS: Yeah, I would like to say, 25 the individual, he just spoke upon what he did 00015 1 for the - - for his - - his home. His father 2 gutted his home out. I have a father, too. And 3 for - - for the place that I purchased, I 4 purchased it, if I would have knew beforehand 5 that this would have caused me to go through 6 turmoil, I am stuck with a piece of property that 7 I pay taxes on. And if I - - If I cannot be able 8 to bring any money in, then that means that I 9 lose mine, that I lose my establishment. It's 10 not that I'm coming there to corrupt the area. I 11 made it well known for the community for them to 12 come in and sit in to see how, that the 13 establishment is going to be ran there. I 14 purchases homes all over Wisconsin, rebuild them, 15 gut them out, for - - for the community. So I am 16 not the one to come here to try to downrate the 17 area or anything like that. What I asked for is 18 to give me the opportunity that everybody else 19 has in the area. If I'm not entitled to a 20 license, I feel that no one in the area should be 21 entitled for a license. 22 VICE-CHAIRMAN BOHL: Okay. Thank you, 23 Mr. Brooks. We are in committee. The motion by 24 Alderman Pawlinski is for denial based on over- 25 concentration of outlets. Are there any 00016 1 objections to that motion? Hearing none, so 2 ordered. 3 ALDERMAN GORDON: I would just note 4 that I would abstain from voting. 5 VICE-CHAIRMAN BOHL: Alderman - - 6 Alderman Gordon recuses himself from that vote, 7 so it's a three/zero vote. Gentlemen, I - - I 8 wish you luck. I would encourage you to work 9 with Alderman Gordon to try to maybe find an 10 alternative use at that site, but it appears from 11 the concerns that - - that - - that it's pretty 12 evident that there's too many outlets and that 13 there's been too many problems there. 14 THE APPLICANT: It calls for denial. 15 Do I get any of that in writing or anything about 16 why it was denied? 17 MR. SCHRIMPF: Yes, you are going to be 18 getting a letter. 19 THE APPLICANT: That's all I would 20 like. Thank you very much. 21 * * * * * * 00017 1 STATE OF WISCONSIN) 2 MILWAUKEE COUNTY ) 3 4 I, JEAN M. BARINA, of Milwaukee Reporters 5 Associated, Inc., do certify that the foregoing 6 transcript was reduced to writing under my direction 7 and that it is a true and accurate transcription of 8 the Utilities and Licenses Committee Hearing held on 9 April 1, 2003. 10 11 12 JEAN M. BARINA - COURT REPORTER 13 Dated this day of April, 2003. 14 15