00001 1 2 CITY OF MILWAUKEE 3 LICENSES COMMITTEE 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 In the Matter of the Class "B" Tavern and Tavern 6 Amusement (Cabaret/Nite Club) renewal applications for: 7 ERETTA A. HONEY STARGAZERS, LLC 8 7158 W. Fond du Lac Avenue 9 * * * * * * * * * * * * * * * * * * * * * * * * * * * 10 COMMITTEE MEMBERS 11 ALD. JAMES WITKOWIAK - Chair ALD. JAMES BOHL, JR., - Vice-Chairman 12 ALD. JOSEPH A. DUDZIK ALD. ROBERT PUENTE 13 ALD. WILLIE WADE 14 LICENSING DIVISION by REBECCA BARRON NEIGHBORHOOD SERVICES by TOM WESSEL 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 24th day of April, 2007. 22 23 * * * * * 00002 1 P R O C E E D I N G S 2 CHAIRMAN WITKOWIAK: In the 2nd 3 District, Eretta A. Honey, Agent for "Stargazers, 4 LLC", Class "B" Tavern and Tavern Amusement 5 (Cabaret/Nite Club) renewal applications for 6 "Stargazers" at 7158 West Fond du Lac Avenue. 7 MR. ARENA: Good morning. 8 THE APPLICANT: Good morning. 9 VICE-CHAIRMAN BOHL: Mr. Arena, do you 10 just want to formally state your appearance? 11 MR. ARENA: Yes. Eretta Honey, the 12 Agent for Stargazers appears in person and with 13 counsel, Andrew Arena. 14 VICE-CHAIRMAN BOHL: We'll need you to 15 swear the witness in. 16 (Whereupon the witnesses and applicant 17 were sworn.) 18 VICE-CHAIRMAN BOHL: And for Ms. Honey, 19 do you acknowledge receiving notice of today's 20 meeting with the possibility that your 21 application could be denied. There - - There is 22 a neighborhood objection to loitering, littering, 23 loud music and noise, fights, disorderly patrons, 24 management of the location and conduct which is 25 detrimental to the health, safety and welfare of 00003 1 the neighborhood? 2 THE APPLICANT: Yes, sir. 3 VICE-CHAIRMAN BOHL: Thank you. We'll 4 go around the horn. Health Department? 5 HEALTH: Health has no objection. 6 VICE-CHAIRMAN BOHL: Neighborhood 7 services. 8 DNS: No objections. 9 VICE-CHAIRMAN BOHL: And do you want to 10 state your appearance on behalf of Alderman Davis 11 here, Sherman? 12 MR. MORTON: Sherman Morton, 13 Legislative Aide to Alderman Joe Davis, 2nd 14 District. 15 VICE-CHAIRMAN BOHL: Before we get into 16 anything else right now, I just want to see if 17 there are - - There is no attached police report 18 in this most recent period. Are there any 19 neighbors here to testify in objection to this 20 particular license? If I could just see your 21 hands up, please? I see one neighbor. 22 ALDERMAN PUENTE: Mr. Chair. Are you 23 going to testify, sir? I saw your hand up. 24 ALDERMAN WADE: He's in favor. 25 THE WITNESS: Yeah. For - - For her. 00004 1 ALDERMAN WADE: He's in favor. 2 ALDERMAN PUENTE: Oh, for. Okay. 3 VICE-CHAIRMAN BOHL: Are there - - So 4 are there other - - How many total neighbors here 5 are - - are going to testify in this matter? 6 Two. What we'll do is we'll swear you both in. 7 If you could just both raise your right hand. 8 MS. ELMER: Do you - - 9 ALDERMAN PUENTE: Oh, now there's 10 another one. 11 VICE-CHAIRMAN BOHL: I'm going to ask, 12 how about this? If you want to testify in this 13 matter, stand up. 14 ALDERMAN PUENTE: There we go. Now we 15 got - - We doubled it. 16 VICE-CHAIRMAN BOHL: All right. Now 17 raise your right hands. 18 (Whereupon the witnesses were sworn.) 19 VICE-CHAIRMAN BOHL: Okay. What I'm 20 going to ask you to do is we're going to hear 21 from you in a moment. Please, if you could come 22 up to the front row. That way we can take your 23 testimony here in a moment. I'm going to just 24 provide an - - an opportunity first for - - for 25 us to hear from - - from the Alderman's office. 00005 1 I want to hear from Mr. Arena, if you just want 2 to make a brief opening here, and then we'll - - 3 we'll take the testimony then. Mr. Morton? 4 MR. MORTON: If I could, Mr. Chair, if 5 I could hold the Alderman's comments until after 6 he's spoken. 7 VICE-CHAIRMAN BOHL: Okay. That's 8 fine. Mr. Arena, is there any opening that you 9 want to make here at this time? 10 MR. ARENA: No. We'll hold our 11 comments. 12 VICE-CHAIRMAN BOHL: Otherwise, of the 13 three, did I - - did I garner that only one is 14 here in objection? Is that correct? Because the 15 objectors go first. So, ma'am, if you want to 16 just take your seat here. We'll need your name 17 and your address for the record. 18 THE WITNESS: And my name is Katherine 19 Hovland, H-O-V-L-A-N-D. My address is 7111 West 20 Fond du Lac. 21 VICE-CHAIRMAN BOHL: Thank you. And, 22 Ms. Hovland, please proceed. 23 THE WITNESS: We've lived there about 24 21 years. On the 16th of this month about 1:55 25 in the morning we heard gunshots, five or six, 00006 1 and then a stop, and then another five or six. 2 The police came and were over in front of the 3 Stargazers. They seemed to be stopped by a white 4 car. We went back to bed. And the next morning 5 when my son came home from work, he works third 6 shift, there was a hole in his bedroom wall. And 7 he has a - - had a model car on the shelf, which 8 was shot off the shelf. So he got up and 9 investigated, and sure enough, there was a bullet 10 in the car. And we called the police. They came 11 and did an investigation. They took the bullet. 12 I have the car, if you want to see it. They went 13 across the street and looked around. They said 14 that the shell they picked up right in front of 15 the Stargazers, kind of in - - near the doorway, 16 was the same kind of shell that would shoot that 17 bullet. I don't know anything about bullets or 18 guns, but that's what they told me. 19 I couldn't get the police report yet. 20 It wasn't finished. They did give me a CAD 21 report, which just shows that we called and 22 someone else had called, too. And I'm just 23 feeling very unsafe there now. 24 VICE-CHAIRMAN BOHL: Do you - - Do you 25 have the - - the model with you? 00007 1 THE WITNESS: The little car, you mean. 2 The bullet was in the car, and then the car was 3 shot off onto the floor, kind of along the desk. 4 VICE-CHAIRMAN BOHL: I don't know. Is 5 there - - Is there any desire from anyone on the 6 committee to see that? I don't know what it 7 necessarily shows at this point other than - - 8 Are there - - Are there questions by committee of 9 - - of Ms. Hovland? 10 ALDERMAN PUENTE: Mr. Chair. 11 VICE-CHAIRMAN BOHL: Alderman Puente. 12 ALDERMAN PUENTE: When did this 13 incident happen again? 14 THE WITNESS: The early morning of the 15 16th. 16 ALDERMAN PUENTE: Of what month? 17 THE WITNESS: Of April. 18 VICE-CHAIRMAN BOHL: April. 19 ALDERMAN PUENTE: And do you know for 20 sure that the shooting occurred from the Stargate 21 parking lot? 22 THE WITNESS: I'm reasonably sure. I 23 didn't stand there and watch anybody shoot. 24 ALDERMAN PUENTE: Okay. Then I have a 25 question for the Sergeant, Mr. Chair. 00008 1 VICE-CHAIRMAN BOHL: Go ahead, please. 2 ALDERMAN PUENTE: Again, we're without 3 a report that possibly could be related to this 4 applicant. 5 THE WITNESS: I do have the report 6 number if you - - but they just couldn't release 7 it yet, if that will help. 8 ALDERMAN PUENTE: What was the - - If I 9 may? 10 VICE-CHAIRMAN BOHL: Sure. Go ahead. 11 ALDERMAN PUENTE: What's the - - What's 12 the address on the CAD report that you have? Is 13 it - - What is it? 14 THE WITNESS: You mean, my address or 15 the - - 16 ALDERMAN PUENTE: No, no. The - - What 17 does the CAD report say then, ma'am? Is it from 18 the shooting or from your - - from your house? 19 THE WITNESS: It says they came to my 20 house. 21 ALDERMAN PUENTE: Oh, okay. That's not 22 what I'm - - No. I'm looking to see if they went 23 to the Stargazers at 7158 West Fond du Lac. 24 THE WITNESS: They did when the shots 25 were fired during the night, because we looked 00009 1 out the window and the police car was over there. 2 VICE-CHAIRMAN BOHL: Alderman - - 3 Alderman Puente, I - - I think that the reason 4 for this is, is the police department typically 5 will wind up doing their background investigation 6 when the - - when the application is - - is 7 turned into the License Division, which typically 8 will probably be six, sometimes six to eight 9 weeks prior - - prior to our hearing here. 10 ALDERMAN PUENTE: You are correct. I'm 11 aware of that. 12 VICE-CHAIRMAN BOHL: And - - And - - 13 Yeah. Ultimately, the turnaround on that in 14 terms of that and - - and a notice to the 15 applicant probably was problematic in terms of 16 that. It is - - We're not going to touch the CAD 17 report here, because I know that the attorney 18 will raise objection that they were not noticed 19 and provide a copy of that in advance. Your 20 testimony certainly in terms of the credibility 21 of having the - - the bullet that you personally 22 witnessed, it speaks for itself here, so. 23 ALDERMAN PUENTE: I have no further 24 questions. 25 VICE-CHAIRMAN BOHL: Other - - Other 00010 1 questions by committee of Ms. Hovland? Mr. 2 Arena? 3 MR. ARENA: Yeah, just a couple. What 4 I gather from your testimony, ma'am, is that 5 nobody from within your house was looking outside 6 when this shot occurred. 7 THE WITNESS: Correct. We were in bed. 8 MR. ARENA: Do you have an idea what 9 time that it occurred? 10 THE WITNESS: Yeah. One - - 1:55. 11 MR. ARENA: Okay. And right next door 12 to Stargazers, there's another bar there called 13 the Stage or something. 14 THE WITNESS: On the far side of me, 15 yes. 16 MR. ARENA: Okay. Were you here to 17 testify in opposition to that license for this 18 period? 19 THE WITNESS: No, I never had bullets 20 before, so I didn't care. 21 MR. ARENA: Okay. So that's your issue 22 today, is this - - 23 THE WITNESS: A bullet, yeah. 24 MR. ARENA: Okay. Thank you. 25 VICE-CHAIRMAN BOHL: Thank you, Ms. 00011 1 Hovland. Other individuals - - If you could just 2 relinquish your seat and - - and we'll take this 3 matter up here shortly. I just want to move 4 forward here. Next witness, please. Your name 5 and your address for the record, please. 6 THE WITNESS: Anthony Jordan, 5256 7 North 36th Street. 8 VICE-CHAIRMAN BOHL: Thank you, Mr. 9 Jordan. I'm going to guess that 36th Street is 10 not that close to Fond du Lac Avenue. 11 THE WITNESS: No. 12 VICE-CHAIRMAN BOHL: You're a couple 13 miles away. 14 THE WITNESS: Yes. 15 VICE-CHAIRMAN BOHL: Thank you. Your 16 testimony, sir. 17 ALDERMAN WADE: Your testimony. 18 THE WITNESS: Oh, I'm sorry. Actually, 19 I am security there, and the incident that she's 20 talking about, I'm not sure exactly what day it 21 is, but we have not had no shootings or any 22 incident where anything has involved anything 23 that would - - could even elevate to that point. 24 VICE-CHAIRMAN BOHL: So you're saying 25 that if that was the case, the bullet was 00012 1 apparently random from the area and not from your 2 establishment or from the parking lot? 3 THE WITNESS: Yes. No, it was not from 4 - - It was not from us. And I'm there every day, 5 every night, open to close. I do the lot check, 6 make sure that everyone is gone and everything. 7 VICE-CHAIRMAN BOHL: So the article 8 that was in the Journal/Sentinel, the day after 9 on the 17th that said that there was a shooting 10 in the - - in the parking lot of Stargazers was 11 incorrect? 12 THE WITNESS: On the 17th of what? 13 This month? 14 MR. ARENA: It was April, right? 15 VICE-CHAIRMAN BOHL: Of April, yes. 16 THE WITNESS: Not - - Not to my 17 knowledge. 18 VICE-CHAIRMAN BOHL: That's - - Okay. 19 That's - - I just - - That was my question for 20 you. Okay. Any other testimony you - - you want 21 to add here now, Mr. Jordan? 22 ALDERMAN WADE: Mr. Chair. 23 VICE-CHAIRMAN BOHL: Committee members, 24 Alderman Wade? 25 ALDERMAN WADE: Sir, you - - The - - 00013 1 The lady testified that this was what? April 2 16th, when the bullet was - - And when you looked 3 outside, you did observe police officers at 4 Stargazers? 5 MS. HOVLAND: Yes. 6 ALDERMAN WADE: Okay. Do you recall 7 the police officers being at Star - - 8 THE WITNESS: No. We have not had no 9 police at Stargazers. 10 ALDERMAN WADE: On - - On - - On the 11 16th of April you didn't have police - - 12 THE WITNESS: No. 13 ALDERMAN WADE: - - at your 14 establishment. 15 THE WITNESS: No. I had police come in 16 at the, what was this, I think it was Wednesday 17 or something like that, where they just did - - 18 He just did a random walk-through. That's it. 19 ALDERMAN WADE: Last week Wednesday? 20 THE WITNESS: Yes. 21 ALDERMAN WADE: What would that be. 22 The 18th, okay. All right. All right, thank 23 you. 24 VICE-CHAIRMAN BOHL: Other questions by 25 committee members? 00014 1 MR. ARENA: Can I ask him a question, 2 please? 3 VICE-CHAIRMAN BOHL: Certainly can, Mr. 4 Arena. 5 MR. ARENA: In the last ten days have 6 you - - Do you recall any incidents or arguments 7 that started, that went on inside Stargazers? 8 THE WITNESS: No. The only thing that 9 I've had happen there so far is I had a gentleman 10 who was doing something he shouldn't have been 11 doing to one of the young ladies. I asked him to 12 leave. He got up and he left. 13 MR. ARENA: Was that within the last 14 ten days? 15 THE WITNESS: Might have been. 16 MR. ARENA: And - - And your 17 recollection, nobody's come in. No police 18 officer has come in and told you that there was a 19 gunshot - - 20 THE WITNESS: No. 21 MR. ARENA: - - from your - - that 22 vicinity. 23 THE WITNESS: None. None. 24 MR. ARENA: And you would be the person 25 they would probably talk to? 00015 1 THE WITNESS: Yes. 2 MR. ARENA: Okay. Nothing further. 3 VICE-CHAIRMAN BOHL: Mr. Morton, 4 anything you want to ask in terms of a question? 5 MR. MORTON: No, sir. 6 VICE-CHAIRMAN BOHL: Thank you, sir. 7 Next witness? Your name and address for the 8 record, please? 9 THE WITNESS: Jason Owens, 1540 West 10 Center Street. 11 VICE-CHAIRMAN BOHL: I'm sorry. Your 12 first name? 13 THE WITNESS: Jason. 14 VICE-CHAIRMAN BOHL: Jason Owens? 15 THE WITNESS: Yes, sir. 16 VICE-CHAIRMAN BOHL: And your address 17 again? 18 THE WITNESS: 1540 West Center Street. 19 VICE-CHAIRMAN BOHL: West Center. 20 Thank you. Your testimony, sir? 21 THE WITNESS: I'm also a security guard 22 at Stargazers. And the same thing he said, we 23 haven't had any incidents there. No police 24 contact was found, other than when he did a 25 random walk-through. I'm normally at the door 00016 1 checking IDs, and I haven't - - no police contact 2 other than the random walk-through. 3 VICE-CHAIRMAN BOHL: Okay. Thank you, 4 sir. Questions by committee? 5 ALDERMAN PUENTE: Mr. Chair. 6 VICE-CHAIRMAN BOHL: Alderman Puente. 7 ALDERMAN PUENTE: I believe April 16th 8 was last Monday. 9 THE WITNESS: Okay. 10 ALDERMAN PUENTE: Were you working last 11 Sunday night, Monday morning? 12 THE WITNESS: Yes, sir. 13 ALDERMAN PUENTE: Okay. And there was 14 no incidents. 15 THE WITNESS: No, sir. 16 ALDERMAN PUENTE: All right. Thank 17 you. 18 VICE-CHAIRMAN BOHL: Other questions by 19 committee? Mr. Arena, anything? 20 MR. ARENA: No. 21 VICE-CHAIRMAN BOHL: Mr. Morton? 22 MR. MORTON: No questions, no. 23 VICE-CHAIRMAN BOHL: Okay. All right. 24 Thank you, sir. Next witness? Name and address 25 for the record. 00017 1 THE WITNESS: My name is Lester 2 Stoflet. 7140 West Medford. 3 VICE-CHAIRMAN BOHL: Mr. Stoflet, 4 please spell your last name. 5 THE WITNESS: S-T-O-F-L-E-T. 6 VICE-CHAIRMAN BOHL: 7140 West Medford, 7 and - - 8 THE WITNESS: Correct. 9 VICE-CHAIRMAN BOHL: - - how close is 10 that to the establishment? 11 THE WITNESS: I would say I'm probably 12 less than a half a block. 13 VICE-CHAIRMAN BOHL: Thank you. Your 14 testimony, sir. 15 THE WITNESS: Well, I'm just here to 16 testify for her that I have had no problem with 17 her place. I have never seen any - - no problems 18 out in front of her place. The only problems 19 we've had now, since the new place opened up next 20 door to her, is the motorcycles are coming back. 21 They're parked on the sidewalks. There's really 22 nothing going on by her. She's open probably 23 after eight o'clock at night, and then she 24 closes, I suppose, bar time. I've seen nothing 25 from her place, except for the last time when she 00018 1 had that shooting, what was it, a year ago or so. 2 ALDERMAN WADE: Mr. Chair. 3 VICE-CHAIRMAN BOHL: Alderman Wade. 4 ALDERMAN WADE: Sir. So on - - on 5 April 16th you - - you didn't hear any gunshots? 6 THE WITNESS: No. Nope. 7 ALDERMAN WADE: And you didn't - - Can 8 you see her establishment from your residence? 9 THE WITNESS: If I walk in my backyard, 10 yes. 11 ALDERMAN WADE: Okay. But you didn't 12 hear any gunshots? You didn't hear any police 13 activity or any of that? 14 THE WITNESS: No. No. 15 ALDERMAN WADE: Okay. Thank you. 16 ALDERMAN PUENTE: Mr. Chair. 17 VICE-CHAIRMAN BOHL: Other questions? 18 Alderman Puente. 19 ALDERMAN PUENTE: Were you home the 20 night of the Sunday - - 21 THE WITNESS: Yes. 22 ALDERMAN PUENTE: - - the 15th and 23 morning of the 16th? 24 THE WITNESS: Yes, I was. 25 ALDERMAN PUENTE: Okay. You've came 00019 1 before this committee before. 2 THE WITNESS: Yes, a couple times. 3 ALDERMAN PUENTE: Okay. 4 THE WITNESS: I was an objection 5 against these bars. 6 ALDERMAN PUENTE: Right. All right. 7 Thank you, Mr. Chair. 8 VICE-CHAIRMAN BOHL: Other questions by 9 committee? Mr. Arena, anything? 10 MR. ARENA: Did you notice any police 11 on the night of the 16th or morning of the - - Is 12 it morning of the 15th? 13 ALDERMAN PUENTE: I believe it's the 14 morning of the 16th. 15 MR. ARENA: Morning of the 16th. 16 THE WITNESS: No, I haven't seen - - 17 Didn't see nothing or hear nothing. 18 MR. ARENA: And can you hear what - - 19 any noise of people that are in the parking lot? 20 THE WITNESS: Yeah, I mean, once in a 21 great while I can hear, if I get up to go to the 22 bathroom or something and my back window in my 23 bathroom is open, I can hear people talking out 24 there. I mean, that's how close I am. 25 MR. ARENA: Did you hear anybody on the 00020 1 16th? 2 THE WITNESS: No. 3 MR. ARENA: Did you hear anybody 4 arguing? 5 THE WITNESS: No. 6 MR. ARENA: And you didn't hear any 7 gunfire? 8 THE WITNESS: Nothing. 9 MR. ARENA: Okay. How close is the 10 place next door to her - - to Stargazers? 11 THE WITNESS: Oh, I would say probably 12 about 50 yards. 13 MR. ARENA: Okay. Do people park when 14 they're going to the place next door up and down 15 the street and in Stargazers? 16 THE WITNESS: In the neighborhood, 17 they're - - they're parked all over now. 18 MR. ARENA: Okay. 19 THE WITNESS: They were supposed to 20 talk about putting a barricade on our street to 21 keep the tavern parking away from the subdivision 22 in there. Well, nothing's happened with that. 23 MR. ARENA: And do you know how many 24 spots that Stargazers has? 25 THE WITNESS: I don't know exactly, but 00021 1 they got a pretty good size lot. 2 MR. ARENA: And do you - - Do you 3 witness or do you feel the problem with the 4 parking is from Stargazers or the adjacent 5 location? 6 THE WITNESS: I - - It's from the 7 adjacent location, because they have no parking. 8 They probably got maybe ten spots in their place. 9 MR. ARENA: Okay. 10 THE WITNESS: And now their place has 11 offered them spots, there's no parking. They 12 can't - - There is a guy that welds, makes 13 trailers, and he's got about parking for two, 14 maybe three vehicles in front of his place, and 15 he offered the new place 20 - - at Stage, 20 16 parking spots. He don't even have three. And I 17 don't know how he gave him 20 parking spots. 18 MR. ARENA: Okay. I have no - - 19 ALDERMAN PUENTE: Mr. Chair. 20 VICE-CHAIRMAN BOHL: Alderman Puente. 21 ALDERMAN PUENTE: Regarding the 22 parking, do you see people park in Stargazers and 23 go into the other establishment? 24 THE WITNESS: Oh, I don't know who is 25 parking in Stargazers. 00022 1 ALDERMAN PUENTE: Okay. So - - 2 THE WITNESS: But if it's her customers 3 or the other ones. I don't know. 4 ALDERMAN PUENTE: Thank you. 5 VICE-CHAIRMAN BOHL: Other questions by 6 committee? Mr. Morton, anything? 7 MR. MORTON: No questions, no. 8 VICE-CHAIRMAN BOHL: Thank you, sir, 9 Mr. Stoflet. 10 THE WITNESS: Thank you. 11 VICE-CHAIRMAN BOHL: This is an 12 opportunity to hear from the Alderman's office, 13 and we're going to hear from Mr. Arena before we 14 take the matter in committee. 15 MR. MORTON: Basically, the issue - - 16 It's in dealing with Stargazers, now they're 17 applying for extended - - extended hours. And I 18 think, if I'm not mistaken, they're looking for 19 an extra day, is that what we're - - the issue, 20 extended hours for Stargazers. That's what this 21 issue is about? 22 ALDERMAN PUENTE: Change of hours, 23 yeah. 24 MR. MORTON: Change of hours. 25 ALDERMAN PUENTE: Tuesday, it looks 00023 1 like is the only day - - 2 MR. MORTON: Looking for an extra day. 3 Am I correct? 4 MS. BARRON: They're changing the days 5 that they're closed or open. So it's a change of 6 hours. 7 ALDERMAN PUENTE: Tuesday and Friday. 8 MR. MORTON: It's a change of hours. 9 MS. BARRON: There's not an extension 10 of the hours. 11 MR. MORTON: Okay. The issue we're 12 dealing with here, Alderman Davis, he wasn't 13 necessarily in objection to the change of hours, 14 per se. Alderman Davis' issue has been for a 15 while in regards to the cabaret license, and we 16 have to really take consideration, even though 17 it's not on the police report, we got a call 18 yesterday from our constituent in regards to this 19 - - this bullet issue. And we did speak to the 20 7th District police station. We have confirmed 21 that there was a shooting that night, through 22 Sergeant Henning, 7th District police station. 23 We called open records to get the file number. 24 We got the file number, but the - - the file, the 25 police report isn't being released yet for 00024 1 whatever reason. I don't know, under 2 investigation or what. And that's something we 3 just - - Alderman Davis has a concern. 4 Granted, we understand that Ms. - - Ms. 5 Honey can't control her pa - - her patrons, per 6 se. But we have to really, as you're a business 7 owner, take some accountability when things like 8 this happen. Because, for example, if the 9 business wasn't there, there most likely wouldn't 10 have been a shooting, and this young lady 11 wouldn't be here testifying that a bullet came 12 through her child's window, I mean, came through 13 their child's room. And we have issue with that. 14 And Alderman Davis wanted to be here personally, 15 but he had to go to Madison. He had to leave. 16 He was - - He stayed around a while, but the 17 committee was running a little late, so he had to 18 leave. But he really wanted to be here to deal 19 with this issue. He would rather that the 20 cabaret license be taken from this establishment, 21 and just given it a tavern/dance versus having 22 also a cabaret. That's Alderman Davis' main 23 issue. And it can probably cut down incidents 24 like this. 25 Granted they're saying that there 00025 1 wasn't a shooting there. Police are saying there 2 is - - there was a shooting there. We have 3 conflicting stories. And that's not to say there 4 - - there haven't been other issues that just 5 haven't been reported. And Alderman Davis just 6 wants to make sure this neighborhood stays safe. 7 And we don't have to worry about constituents who 8 are dealing with bullets through their home, in 9 their child's room, and that's the main issue. 10 The change of hours is one thing, but we're just 11 - - The cabaret license is what Alderman Davis is 12 really concerned with, because with the cabaret 13 comes other things, come other entities and 14 that's his main concern. 15 VICE-CHAIRMAN BOHL: Thank you, Mr. 16 Morton. 17 ALDERMAN PUENTE: Mr. Chair. 18 VICE-CHAIRMAN BOHL: Alderman Puente. 19 ALDERMAN PUENTE: So are you saying the 20 police said there was this incident, and it 21 stemmed from Stargazers? 22 MR. MORTON: Correct. Yes, sir. 23 ALDERMAN PUENTE: That is a fact? 24 MR. MORTON: Yes, sir. We spoke to the 25 police - - We spoke to the 7th District police 00026 1 station this morning, and we also spoke with open 2 records from the 3rd District this morning, also. 3 And Sergeant Henning confirmed that there was at 4 1:55 a.m., that there was a shooting, and that it 5 came from Stargazers. 6 ALDERMAN PUENTE: On the 16th? 7 MR. MORTON: 1:55 a.m. on the 16th, 8 yes. 9 ALDERMAN PUENTE: All right. Thank 10 you, Mr. Chair. 11 VICE-CHAIRMAN BOHL: Other questions by 12 committee? Mr. Arena? 13 MR. ARENA: Thank you. It's been 14 licensee's position, of course, she's in 15 agreement that there - - this shooting is 16 serious. She'd be opposed to that. That's why 17 she employs security and metal detectors. So I 18 don't think the evidence shows that the shooting 19 came from Stargazers. It came from the vicinity 20 or the area outside. It's possible that somebody 21 walking randomly down the street could have used 22 the weapon, or somebody from the place next door. 23 I don't know what their security is, but somebody 24 did not come out from Stargazers with a weapon 25 and fire it. It would have - - They have to go 00027 1 through a metal detector. It's unlikely that 2 that happened. 3 Of course, somebody could always go to 4 a car, get a weapon and fire it. But the two 5 security guys have said they don't recall 6 anything, no arguments. I think it's a matter of 7 common sense that if something like that happens, 8 it brews over from something that started in the 9 club earlier in the evening. And then people go 10 outside and - - and continue on with - - with 11 their argument. Then it turns into a fight, 12 which can lead into somebody shooting a weapon. 13 They don't have a memory of anything happening 14 inside the club. I don't think the evidence is 15 certain enough at this point to discipline the 16 licensee. Her entire year, other than this one 17 issue, there were no incidents there. So we 18 would request that the committee renew the 19 license. She is asking to be open on Tuesdays. 20 I don't think that that really changes her 21 overall operation that much. She's just going to 22 be closed one less day a week. 23 VICE-CHAIRMAN BOHL: Any questions by 24 committee for Mr. Arena? Otherwise, we're in 25 committee. Is there a motion? 00028 1 ALDERMAN DUDZIK: Mr. Chairman. 2 VICE-CHAIRMAN BOHL: Alderman Dudzik. 3 ALDERMAN DUDZIK: Before I make a 4 motion, I just want to be clear about this police 5 shooting, whether it occurred, didn't occur, 6 whether it's connected or not connected. If it - 7 - And this question is for Sergeant, or - - or 8 Mr. Schrimpf. If it is determined at some point 9 in the future that this shooting did, in fact, 10 occur and is in - - is connected to Stargazers, 11 that will - - that will show up on our police 12 report the next time they come up for renewal. 13 Correct? 14 SERGEANT ULICKEY: Yes, it will. 15 ALDERMAN DUDZIK: Thank you. And we 16 can take it into consideration? 17 MR. SCHRIMPF: If you specifically 18 declined to take it into consideration this time 19 around, yes. That should be clear in the motion. 20 ALDERMAN WADE: Mr. Chair. 21 VICE-CHAIRMAN BOHL: Alderman Dudzik, 22 are you done? Okay. Alderman Wade. 23 ALDERMAN WADE: I'd like to ask the 24 Assistant City Attorney, also, I think my 25 concerns may be similar to Alderman Dudzik's 00029 1 concerns about the actual evidence that we have 2 in front of us. Right now, the shooting, as 3 actual evidence, is not before us. Is - - It is 4 not in front of us. The only - - 5 MR. SCHRIMPF: Well, you had a neighbor 6 - - You had a neighbor who testified, if I recall 7 the testimony correctly, that she saw the police 8 there at or about 1:55 a.m. on the morning of 9 April 16th. She produced physical evidence that 10 demonstrated something went through a model car. 11 She also testified to the fact that there was a 12 bullet that matched the description of the bullet 13 that was found in the Stargazers' parking lot. 14 You have the Aldermanic aide who confirmed the 15 fact that the Milwaukee Police Department 16 informed their office that there had been a 17 shooting at the place. 18 You have, on the other side, two 19 witnesses who testified that they never saw 20 anything occurring in the parking lot that 21 morning, and they were there. And - - 22 ALDERMAN WADE: Had a neighbor testify. 23 MR. SCHRIMPF: And another neighbor 24 testified that he's experienced no particular 25 problems with it. So you have a conflict in 00030 1 testimony, and you have to evaluate the 2 credibility. 3 ALDERMAN WADE: Okay. All right. 4 Thank you. 5 VICE-CHAIRMAN BOHL: Okay. Are we set 6 in terms of questions? We are still in 7 committee. 8 ALDERMAN DUDZIK: Mr. Chair, one last 9 question. 10 VICE-CHAIRMAN BOHL: Go ahead, 11 Alderman. 12 ALDERMAN DUDZIK: For the Sergeant. Is 13 there a possibility that this matter of this 14 shooting will be clarified within the next two 15 weeks? 16 SERGEANT ULICKEY: That is a very hard 17 question to answer. I - - I can't speak to - - 18 If there was, in fact, a shooting that occurred 19 somewhere on that street in the vicinity of the - 20 - the lady's home, sometimes the investigation 21 can be cleared up in a short amount of time. 22 Other times, it takes - - it takes quite a while 23 to do that. I - - I couldn't answer that. And I 24 wouldn't want to promise anything. 25 ALDERMAN DUDZIK: Thank you. 00031 1 VICE-CHAIRMAN BOHL: Do we have - - Do 2 we have another cycle prior to May 30th where - - 3 where there's a Common Council meeting? 4 ALDERMAN DUDZIK: We'll have a special, 5 you can bet on that. 6 VICE-CHAIRMAN BOHL: Well, Al - - 7 Alderman - - Alderman Dudzik, the problem with a 8 special is if there is adverse action taken, you 9 don't have enough time for findings of fact. 10 ALDERMAN DUDZIK: Right. That's true. 11 MS. BARRON: Yes, there's a license on 12 May 15th and Common Council on May 30th. 13 MR. SCHRIMPF: And this expires on May 14 29th. 15 THE APPLICANT: Yes. 16 VICE-CHAIRMAN BOHL: Oh, it expires on 17 the evening of May 29th? 18 MR. SCHRIMPF: May 29th. 19 VICE-CHAIRMAN BOHL: Well, Mr. 20 Schrimpf, she doesn't - - She doesn't list any 21 specified hours earlier than eight p.m. 22 MR. SCHRIMPF: Well - - Oh, I see. If 23 it expires at midnight on May 29th, she would 24 have to close at 11:59:59 on the 29th. She would 25 lose the hours on the 30th. 00032 1 VICE-CHAIRMAN BOHL: Two hours. She 2 would lose two hours. 3 MR. SCHRIMPF: Right. 4 VICE-CHAIRMAN BOHL: Well, that's - - 5 that's the - - the potential discretion of the 6 committee. In addition to that what I can tell 7 you is that there is always an ability, if there 8 is corroboration, to have a revocation 9 proceeding, as well, too. 10 ALDERMAN PUENTE: That's true. 11 VICE-CHAIRMAN BOHL: With that 12 knowledge, we are still in committee. Is there a 13 motion? 14 ALDERMAN WADE: Mr. Chair. 15 VICE-CHAIRMAN BOHL: Alderman Wade. 16 ALDERMAN WADE: It will be my motion to 17 renew the license and deal with the police issue 18 when we actually have facts from the police 19 department, even though that may be the next 20 licensing period. It's a chance that the next 21 licensing period may come up and it may be 22 established that there is nothing to connect the 23 shooting to Stargazers. There is a possibility 24 that it could be connected to Stargazers. Right 25 now, we just - - I don't have enough concrete 00033 1 evidence to add that to my determination at this 2 point. I would like to have that for 3 consideration for future hearings. 4 So I would move to - - to not consider 5 that this time, keep it for the next hearing, and 6 move forward with the granting of the licenses. 7 VICE-CHAIRMAN BOHL: And the only other 8 thing that I will say is in the interim time, if 9 there is a determination, Alderman Davis always 10 does it have it as a leeway, the ability to 11 request that the item be remanded and sent back 12 to committee at Council here, and that will 13 provide two weeks time. Maybe there is an 14 opportunity to find additional information and 15 have a PA33 during the interim time. 16 ALDERMAN PUENTE: Mr. Chair. 17 VICE-CHAIRMAN BOHL: On the motion, 18 Alderman Puente? 19 ALDERMAN PUENTE: On the motion, is 20 that going to include the renewal with the change 21 of hours, that extra day that she's asking for? 22 ALDERMAN WADE: Are you asking me? 23 ALDERMAN PUENTE: Yeah, the motioner, 24 yeah. 25 ALDERMAN WADE: Yeah, I - - I think 00034 1 that the - - the Alderman's office, Mr. Morton, 2 indicated that the Alderman didn't have a problem 3 with that, that he didn't have a problem with the 4 hours of operation. His problem was the cabaret 5 license and the safety of the neighborhood. I 6 think that's what he said. 7 ALDERMAN PUENTE: Okay. Thank you. 8 VICE-CHAIRMAN BOHL: The motion, again, 9 is for approval of the renewal of - - of the 10 Class "B" Tavern and Tavern Amusement 11 (Cabaret/Night Club) applications, but also to 12 - - to exclude any potential testimony of a 13 shooting - - of an alleged shooting. Is there 14 any other discussion on the motion? Is there any 15 objection to that motion? I will object. 16 Hearing one - - one objection, the motion carries 17 on a three to one vote. Thank you. 18 * * * * * 00035 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 foregoing 10 proceedings was transcribed under my direction for the 11 license of Stargazers, LLC, that came before the 12 Licenses Committee on April 24th, 2007. 13 14 15 16 17 18 JEAN M. BARINA 19 Court Reporter 20 21 22 Dated this day of June, 2007. 23