PUBLIC NOTICE & AGENDA ALCOHOL BEVERAGE LICENSE CONTROL COMMITTEE City Hall Forum State Street, Beloit, WI :00 PM Tuesday, July 11, 2017

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1 PUBLIC NOTICE & AGENDA ALCOHOL BEVERAGE LICENSE CONTROL COMMITTEE City Hall Forum State Street, Beloit, WI :00 PM Tuesday, July 11, ROLL CALL 2. ELECTION OF OFFICERS 3. APPROVAL OF THE MINUTES 3.a. Approval of the Minutes of the Regular Meeting of June 13, 2017 Attachment 4. PUBLIC COMMENT 5. LICENSES 5.a. Consideration of an Application for Operator's (Bartender's) License for Mark A. Bogenschneider. 5.b. Consideration of an Application for Operator's (Bartender's) License for Bridget Goral. 5.c. Consideration of an Application for Operator's (Bartender's) License for Stephanie F. Johnson. 5.d. Consideration of an Application for Operator's (Bartender's) License for Kip Kapfer. 5.e. Consideration of an Application for Operator's (Bartender's) License for Bradley L. Maves. 5.f. Status update and consideration of the Class "B" Beer and "Class B" Liquor License for Palermo Enterprise, LLC, located at 658 4th Street, Beloit, WI, Olsie Ekleberry, Agent 6. CHANGE OF AGENT Alcohol Beverage License Control Committee Meeting Agenda - July 11, 2017 Page 1 1

2 6.a. Consideration of a Change of Agent on the Class "B" Beer and Reserve "Class B" intoxicating Liquor License of Fiesta Cancun Authentic Mexican Restaurant of Beloit, Inc., 2648 Prairie Avenue, to Araceli De Vicente for the license period ending June 30, COMMITTEE COMMENTS 8. COMMENTS/REPORTS FROM STAFF 8.a. City Clerk s Alcohol License Quota Report as of July 3, 2017 Attachment 9. POLICE DEPARTMENT REPORT/COMMENTS 9.a. Calls for Service for the month of June and related Reports (Risse) 10. CITY ATTORNEY COMMENTS 11. ADJOURNMENT ** Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information to request this service, please contact the City Clerk's Office at , 100 State Street, Beloit, WI Beloit Alcohol Beverage License Control Committee Meeting Agenda - July 11, 2017 Page 2 2

3 ALCOHOL BEVERAGE LICENSE CONTROL COMMITTEE Beloit City Hall The Forum 100 State Street, Beloit, WI June 13, :00 p.m. Present: Absent: Advisory: Chairperson John Metter, Dennis Baskin, Malissa Cronin, Jerome Jennings, Ron Tilley, and Councilor Clinton Anderson Betty Barnett, Tara Tinder Lieutenant Andre Sayles, Attorney Elizabeth Krueger 1. The meeting was called to order at 4:00 p.m. by Chairperson Metter. 2. Cronin and Jennings made a motion to approve the minutes of the regular meeting of May 9, Motion carried Consideration of late renewal applications for license period 7/1/17 to 6/30/18 a. Members Baskin and Cronin made a motion to approve the applications for renewal of the Class A Beer for Aldi #48, 2780 Milwaukee Road. Motion carried 5-0. b. Members Jennings and Cronin made a motion to approve the applications for renewal of the Class B Beer for Los Corrales Restaurant, 946 Wisconsin Avenue. Motion carried 5-0. c. Members Tilley and Baskin made a motion to approve the applications for renewal of the Class B Beer and Class B Liquor for: ƒ Inked Sports Bar, 443 E. Grand Avenue ƒ Suds O Hannahan s, 433, 435 E. Grand Avenue ƒ The New Pop House, 863 Fifth Street ƒ The Restaurant at Muni, 1611 Hackett Street. Motion carried Application for a new Class "B" Beer and "Class C" Wine License for Fresco La Casa De Las Fajitas LLC, d/b/a Fresco Fajita House, located at 315 State Street, Jennifer Dominguez, Agent for the license period July 1, June 30, Lt. Sayles stated municipal and state records were checked and the Police Department has no objection to the appointment of this Agent. Attorney Krueger asked Ms. Dominguez if she was the sole member of the LLC. She answered that she was the sole member. Attorney Krueger indicated that her application would be amended to reflect that she is the sole member of the LLC. Attorney Krueger asked Ms. Dominguez to reaffirm her understanding that she can be personally held responsible for any violations that occur on the property, even if she is not physically present on the premises. Ms. Dominguez reaffirmed that she understood this responsibility. Chairperson Metter allowed James Bennett, 2604 Arbor Drive, Madison, WI to address the committee with his concerns about this applicant. Mr. Bennett claimed that he has been the b 3

4 agent for this establishment for the past several months and was in the process of selling the restaurant and transferring the lease to them once they complied with agreed upon conditions. He indicated that the current situation shows they have liquor on premise and would not provide invoices showing alcohol was being purchased from a licensed wholesaler. The applicant indicated that the one bottle was used in cooking and is never served or sold. The applicant also provided the clerk with proper receipts from Wisconsin wholesalers. The marguarita mix on site is non-alcoholic as it is a mix. Mr. Bennett stated that he has dissolved his LLC (Royal Enterprizes, LLC) with the State of Wisconsin and effective immediately will no longer serve as the agent for the applicant. Attorney Krueger stated that if the LLC is no longer registered with the state, no alcohol can be served. If this license is approved with Ms. Dominguez as agent, their license would take effect July 1 and they could resume then. Baskin and Jennings moved to recommend approval to the City Council of this application. Motion carried 5-0. At the beginning of item 5, City Attorney Krueger explained the history behind why the appeals in items 5 through 8 are coming before the ABLCC. She explained that the Application has changed since 2015 to ensure we capture all criminal convictions the applicant may have. Because these new applications go into greater detail, the police department is able to get a complete state and federal background check. Attorney Krueger provided a handout prepared by the League of Wisconsin Municipalities providing Municipal Licensing and Regulation of Alcohol Beverages. The handout discusses consideration of non-renewal, revocation or suspension of a license and states the reasons that a municipality may deny an applicant. 5. Consideration of an Application for Operator s License for Diane M. Boyer. The Beloit Police Department recommendation for denial. Ms. Boyer was present and asked to step forward. Lt. Sayles reported out on the reasons for denial. An initial background check did not yield a conviction, but after running the FBI number, one felony did come up on the report. City Attorney Krueger asked her to explain the offense. Ms. Boyer responded that it had to do with telemarketing and not delivering goods that were sold while she was in charge of the banking and payroll for the company she was working for. She stated that this occurred 22 years ago, she doesn t like to talk about it and she served 97 months in the federal institution. Jennings is concerned about holding these things against people this long. Metter said it was 22 years ago and that the applicant has been a good citizen since and has paid her debt to society. Jennings and Baskin moved to approve the Operator s (Bartender s) License effective for the July 1, 2017 to June 30, 2018 license period. Motion carried Consideration of an Application for Operator s License for Joni K. Hardin. Beloit Police Department recommendation for denial. Ms. Hardin was present and asked to step forward. Lt. Sayles reported out on the reasons for denial. He stated she failed to report the traffic citations on her operator application. Dennis Baskin asked the applicant why she failed to disclose the convictions. She stated that she was under stress at the time and it was unintentional. Mr. Baskin confirmed with Lt. Sayles that had she disclosed on her application, these offenses would not be a disqualifying offense. John Metter asked the applicant if this was her main employment and the applicant stated that yes this has been her primary employment for the last 27 years. Ms. Hardin provided and read two character reference letters. Cronin and Baskin moved to approve the Operator s (Bartender s) License effective for the July 1, 2017 to June 30, 2018 license period. Motion carried 5-0. c 4

5 7. Consideration of an Application for Operator s License for Christina M. Williams. Beloit Police Department recommendation for denial. Ms. Williams was present and asked to step forward. Lt. Sayles reported out on the reasons for denial. She did not disclose any violations or convictions on her application. A background check showed a 2013 conviction of sale of alcohol to an intoxicated person and a 2016 conviction of driving with no insurance. The applicant explained that she had just arrived at work and had served a male patron two beers. The male took them to a table where another customer was sitting. When the man got up to leave, he fell off his stool, struck his head and needed medical attention. She was cited as the on-duty staff member responsible. Dennis Baskin asked why she didn't notice that the customer was intoxicated. She stated she didn't see any signs of intoxication or she wouldn't have served the person. When asked why she didn t report this on her application, she said she hurried through her application at 3:30am at the end of her shift and should have remembered to list them. Jennings and Metter moved to approve the Operator s (Bartender s) License effective for the July 1, 2017 to June 30, 2018 license period. Motion carried Consideration of an Application for Operator s License for Paul S. Young. Beloit Police Department recommendation for denial. Mr. Young was present and asked to step forward. Lt. Sayles reported out on the reasons for denial. Dennis Baskin asked what implied consent is. Attorney Krueger explained Wisconsin's implied consent law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking one or more chemical tests of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). If you refuse to provide consent and do not submit to a chemical test, the law considers it a violation of the implied consent law. These cases were all considered misdemeanors at the time of the offenses. The applicant disclosed three OWI convictions, but a background check found 5 OWI convictions, 3 implied consent convictions and a battery charge. Tilley asked if the committee can put something on their current license to indicate that if they were convicted on another offense, they could be revoked. City Attorney explained that if there were future violations of the law, the City must follow the appropriate statutory procedure, which requires a due process hearing. The applicant explained that these charges were between 1989 and 1998 and his record has been clear since then. Metter and Cronin moved to approve the Operator s (Bartender s) License effective for the July 1, 2017 to June 30, 2018 license period. Motion carried 4-1 with Tilley voting no. City Attorney Krueger explained that these applications would require a hearing of the City Council and stated that applicants would be contacted with the time and location when it has been set. 9. City Clerk Stottler presented an Alcohol License Quota Report as of June 2, The report shows the number of licenses subject to a quota and how many are currently issued as well as those that are not subject to a quota with how many are currently issued. This report will be given regularly in the future so the committee can have an idea of the number of licenses available and issued. 10. Citizen Comments - None 11. Committee Comments - None d 5

6 12. Police Department Comments Lt. Sayles presented the monthly report of service calls. 13. City Attorney Comments - None 14. Tilley and Cronin made a motion to adjourn at 5:29 p.m. Motion carried 5-0. Lorena Rae Stottler, City Clerk-Treasurer e 6

7 City Quota City of Beloit - Alcohol License Quotas Year ~ July 1, 2017 through June 30, 2018 State Quota Granted Issued Available Pending Current Fee Comments Subject to Quota: Class "B" Beer & "Class B" Liquor NA $ Palermo's Pending Class "B" Beer & Reserve "Class B" Liquor NA $10, Little Mexico and G5 Brewing have submitted applications. Quotas are based on population information as of December 1, 1997 (1997 WI Act 27). These calculations originally allowed 42 B Combo licenses and 10 Reserve B Combo licenses. A shift in population allowed us to increase to 11 reserve in Not Subject to Quota: Class "A" Beer NA NA NA Class "B" Beer NA NA 5 5 NA Class "A" Beer & "Class A" Liquor NA NA NA Class "B" Beer & "Class C" Wine NA NA 8 8 NA