Consideration of an Application for Operator s License for Mehgahn Snook. (Beloit Police Department recommendation for denial)

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1 PUBLIC NOTICE & AGENDA ALCOHOL BEVERAGE LICENSE CONTROL COMMITTEE City Hall Forum State Street, Beloit, WI :00 PM Tuesday, August 08, ROLL CALL 2. APPROVAL OF THE MINUTES 2.a. Approval of the minutes of July 11, 2017 Minutes 3. PUBLIC COMMENT 4. LICENSES 4.a. 4.b. Consideration of an Application for a new Class "B" Beer and "Class B" Liquor License for G5 Brewing Company, LLC, d/b/a G5 Brewing Company, located at 1895 Gateway Boulevard, Lee Gunderson, Agent. Attachment Consideration of an Application for a new Class "B" Beer and "Class B" Liquor License for Little Mexico of Beloit LLC, d/b/a Little Mexico, located at 2787 Milwaukee Road, Adrian Cortes, Agent Attachment 5. OPERATOR (BARTENDER) APPEALS 5.a. Consideration of an Application for Operator s License for Trisha A. Johnson (Beloit Police Department recommendation for denial) 5.b. 5.c. Consideration of an Application for Operator s License for Mehgahn Snook. (Beloit Police Department recommendation for denial) Consideration of an Application for Operator s License for Tara R.Jones (Beloit Police Department recommendation for denial) 6. COMMITTEE COMMENTS 7. COMMENTS/REPORTS FROM STAFF Alcohol Beverage License Control Committee Meeting Agenda - August 08, 2017 Page 1 1

2 7.a. City Clerk s Alcohol License Quota Report as of August 2, 2017 Quota Report August pdf 8. POLICE DEPARTMENT REPORT/COMMENTS 8.a. Calls for Service for the month of July and related Reports (Risse) 9. CITY ATTORNEY COMMENTS 10. 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 - August 08, 2017 Page 2 2

3 Page 1 MINUTES July 11, 2017 PROCEEDINGS OF THE BELOIT CITY COUNCIL 100 State Street, Beloit WI City Hall Forum 4:00 p.m. Tuesday, July 11, ) ROLL CALL Present: Chairperson John Metter, Dennis Baskin, Malissa Cronin, Jerome Jennings, Ron Tilley, and Tara Tinder Absent: Advisory: Captain Dan Risse, City Attorney Elizabeth Krueger The meeting was called to order at 4:00 p.m. by Chairperson Metter. 2) ELECTION OF OFFICERS Chair Metter announced nominations for Chair through June 30, 2018 were in order. Baskin nominated Metter as Chair, no other nominations were made. Nominations were declared closed and Chair Metter was declared Chair. Chair Metter opened nominations for Vice Chair through June 30, Tilley nominated Tinder as Vice Chair. No other nominations were made. Nominations were declared closed and Tinder was declared Vice Chair. 3) APPROVAL OF THE MINUTES Tilley and Jennings made a motion to approve the minutes of the regular meeting of June 13, Motion carried 6-0. Attachment 4) PUBLIC COMMENT - None 5) LICENSES 5.a Consideration of an Application for Operator s (Bartender s) License for Mark A. Bogenschneider. The Beloit Police Department recommendation is for denial. Mr. Bogenschneider was present and asked to step forward. Assistant City Attorney Patrick Bruce, presented the Beloit Police department s position. The Police department recommends denial of the renewal application. Assistant City Attorney Bruce explained that the applicant lacks the qualifications required to hold a license. While Bogenschneider did disclose the conviction for Felony Manufacture/Delivery of a controlled substance, State Statutes prohibits the issuance of a license to an applicant who has a felony conviction that substantially relates to alcohol beverage licensing activity who has not been pardoned. Assistant City Attorney Bruce also noted several other convictions indicate Mr. Bogenschneider is a habitual law offender which would disqualify him as a candidate for a license. He stated for those reasons the Police Department s recommendation is for denial. 3

4 Page 2 MINUTES July 11, 2017 Mr. Bogenschneider noted that he had renewed his license twice in the past and had no recent violations. Baskin said he knows we need to hold people accountable, but he also wants fairness and an explanation of why he was twice approved in the past. Captain Risse explained previously, the city was working under a different application process and was not nearly as in depth, the process was changed earlier in the year. Attorney Krueger said Assistant Attorney Bruce outlined the parameters by which the committee can make decisions and one of them is the applicant s lack of qualifications to hold a license under the law. She said she cannot comment on the prior review of applications in years past, however she said the law requires the City Council to approve all operators licenses which they had not done in the past. The past licenses are likely void because they were not approved in the proper way, so applicants are given a hearing before the ABLCC and the City Council. Attorney Krueger said Bogenschneider can still work at his establishments but need to be overseen by a licensed operator or agent for liquor sales. Baskin and Cronin moved to approve the Operator s (Bartender s) License. Motion carried 3-3 with Tinder, Metter and Jennings voting no. 5.b Consideration of an Application for Operator s License for Bridget Goral. The Beloit Police Department recommendation is for denial. Ms. Goral was present and asked to step forward. Assistant City Attorney Patrick Bruce presented the Beloit Police Department s position. He explained that the applicant lacks the qualifications required to hold a license. He said that the Police Department recommends denial based on the Police report of having two Operating While Intoxicated (OWI) convictions within a two-year time frame which substantially relates to alcohol beverage licensing activity and noted the events that indicate Ms. Goral is an habitual law offender. Ms. Goral says she is complying with all of her OWI sentencing obligations. She noted that Janesville renewed her license in the past. Ms. Tinder said we do not know what processes are in place for each municipality, and cannot comment on why someone did something or not. Tilley and Baskin moved to deny the Operator s (Bartender s) License. Motion carried 6-0. Dr. Baskin left the meeting at 4:35 p.m. 5.c Consideration of an Application for Operator s License for Stephanie J. Johnson. Beloit Police Department recommendation is for denial. Ms. Johnson was present and asked to step forward. Assistant City Attorney Patrick Bruce presented the Beloit Police Department s position. He stated that Ms. Johnson does not satisfy the state statutes requirements. He noted that she has a pattern of violating the law with two OWI s, driving on a revoked license, and failure to report an accident. He noted that the denial is based on an arrest or conviction record which is substantially related to alcohol beverage licensing activity and she is shown as a habitual law offender. He stated for those reasons the Police Department s recommendation is for denial. Attorney Kelly Freeman was present to represent Stephanie Johnson. She stated that Ms. Johnson has had her operator s license for 20 years and has complied with the law. She noted that according to the letter she received from the city, she was being denied for not disclosing a Blood Alcohol Content (BAC) conviction. She said that Ms. Johnson was not aware to disclose her BAC because it was not a conviction but a notation. She also noted that Ms. Johnson 4

5 Page 3 MINUTES July 11, 2017 was informed from the State of Illinois that her Operating after Revocation ticket would be expunged from her record after she completed her court mandated classes, and she would have disclosed it if she knew she had to. Mr. Tilley asked if Ms. Johnson drank while bartending. Ms. Johnson stated that she has not drank in two years. She is the bar manager for the Filling Station and did not mean to not disclose her offenses. Ms. Tinder asked that we add BAC definition to the description of criminal offense on the liquor application. Tinder and Tilley moved to approve the Operator s (Bartender s) License. Motion carried 3-2 with Jennings and Metter voting no. 5.d Consideration of an Application for Operator s License for Kip Kapfer. Beloit Police Department recommendation is for denial. Mr. Kapfer was present and asked to step forward. Assistant City Attorney Patrick Bruce presented the Beloit Police Department s position. He stated that the applicant has convictions substantially related to alcohol beverage licensing activity. He has a 2001 conviction for an OWI in California and a second OWI in He failed to disclose the conviction in He stated that a case could be made that the applicant could be considered a habitual law offender in that there were two offenses for same violation regardless of the time in between. Mr. Kapfer said he did not disclose the 2001 conviction because he had not on the past applications and felt that the city was already aware of it. He said it wasn t his intent to deceive anyone but he misread and hurried through the application. Metter and Jennings moved to approve the Operator s (Bartender s) License. Motion carried e Consideration of an Application for Operator s License for Bradley L. Maves. Beloit Police Department recommendation is for denial. Mr. Maves was present and asked to step forward. Assistant City Attorney Patrick Bruce presented the Beloit Police Department s position. He said that the applicant lacks the qualifications required to hold a license. He stated that the applicant has five convictions that substantially relate to alcohol beverage licensing activity, is a felon and is shown to be a habitual law offender. He noted that anytime there is a conviction of a felony that is related to the alcohol beverage licensing activity, it would make it a disqualifying offense, and the burglary would be a disqualifying offense. He said that for those reasons the Police Department s recommendation is for denial. Mr. Maves stated that the offenses were over 17 years ago, and it was not his intention to withhold the information. He said the dates were so far back he could not remember all the details. Since he was approved twice before he did not think it was relevant and that the city had the criminal background. He said he has not had any convictions for 17 years and has had no problems. He said that he is disabled and in a wheel chair which his employer allows him to bring in to the workplace. He said that his wheelchair would make it difficult to find another job. Rao Mudabir Ahmed, Owner of Mobil Gas Station, spoke in favor of Mr. Maves receiving his license and questioned the application process and asked to consider conditional licenses. Cronin and Jennings moved to approve the Operator s (Bartender s) License. Motion carried 5-0. City Attorney Elizabeth Krueger explained that these applications would require a 5

6 Page 4 MINUTES July 11, 2017 hearing of the City Council and stated that the applicants would be contacted with the time and location when the hearing has been set. 5.f Status update and consideration of the Class B Beer and Class B Liquor License for Palermo Enterprise, LLC, located at 648 Fourth Street, Beloit WI, Olsie Ekleberry, Agent. Peter Gabrielle, Owner, Attorney Rodney Kimes, Joe Stadelman, Architect for Angus-Young Associates, and Bill Dorr, Contractor were present. City Attorney Elizabeth Krueger said that the license was granted in November of 2015, ABLCC granted an extension on July 12, 2016 and again on December 13, The extension has expired. Attorney Rodney Kimes, explained the progress and review of the Project. Mr. Stadelman gave a review of and explained the delays. Attorney Krueger questioned the new plan compared to the plan that was initially approved, and Mr. Stadelman said that it has not changed where the licensing is located. Attorney Krueger asked to for estimated time the project would be completed. She said this license has been on hold since November of 2015 and is a very valuable license as it is one of the non-reserve licenses and the project needs to move forward. Mr. Metter said that we need a time frame and he was afraid we were setting a precedent. He said this could go on endlessly and there need to be an endpoint. Attorney Kimes said that Mr. Gabrielle is trying to make the neighborhood better and doing it the right way. Attorney Krueger said the matter will be presented to the city council at the meeting on July 17 th. Ms. Tinder made a motion to recommend approval of a six-month extension which shall expire December 31, There was no second, Motion failed. City Attorney Krueger confirmed that based upon the motion failing for lack of a second, there would be no recommendation to the City Council regarding the matter at the July 17, 2017 Council meeting. Attachment 6) CHANGE OF AGENT 6.a Consideration of a Change of Agent on the Class B Beer and Reserve Class B 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, Captain Risse stated municipal and state records were checked and the Police Department has no objection to the appointment of this agent and is pleased that the Agent is a current employee, City Attorney Krueger asked Ms. De Vicente 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, and that she is responsible for all of the alcohol sales on property. Tilley and Jennings moved to recommend approval to the City Council of this application. Motion carried 5-0. Attachment 7) COMMITTEE COMMENTS Ms. Tinder asked if we still use the five year timespan for offenses. Attorney Krueger responded we are still using the standard five years, unless there is a pattern of conduct. She said that you are not going to see someone with convictions from 30 years ago that don t have a convictions within the last five years. Mr. Metter asked if our application was similar to other municipalities. Attorney Krueger said that it was similar to others, 6

7 Page 5 MINUTES July 11, 2017 and now everyone up front knows what we are looking for. She reminded them that law indicates prohibits the issuance of a license to a person with a felony conviction that is substantially related to the licensed activity unless the person has been duly pardoned. Ms. Cronin left at 5.40 p.m. 8) COMMENTS/REPORTS FROM STAFF 8.a Attorney Krueger presented the Alcohol License Quota Report Attachment 9) POLICE DEPARTMENT REPORT/COMMENTS 9.a Captain Risse presented the monthly report on service calls. 10) CITY ATTORNEY COMMENTS City Attorney Comments Attorney Krueger noted that the City Council unanimously denied all four previous matters at its June 26 th meeting. 11) ADJOURNMENT Tinder and Jennings made a motion to adjourn at 5:52 p.m. Motion carried Date approved by Committee: August 8, 2017 Lorena Rae Stottler, City Clerk-Treasurer 7

8 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Application for a Class B Beer and Class B Liquor License for G5 Brewing Company, LLC, 1895 Gateway Blvd, Lee Gunderson (Agent) for the license period ending June 30, Date: August 7, 2017 Presenter(s): Lorena Rae Stottler Department: City Clerk Overview/Background Information: Lee Gunderson is making application to establish his business to be located at 1895 Gateway Blvd to be known as G5 Brewing Company and is applying for a Class B Beer and Class B Liquor License for the license period ending June 30, Key Issues (maximum of 5): 1. G5 Brewing Company, LLC, is seeking to build a craft brewery with a restaurant in the City of Beloit and is requesting to establish a business with a Class B Beer and Class B Liquor License for the license period ending June 30, A complete application with fees has been submitted to the Clerk s office and is being referred to the ABLCC for their August 8 th agenda by the City Council on August 7 th via the consent agenda. 3. The ABLCC will review the application to assure conformity with existing rules, regulations and zoning ordinances of the city and state and will make a recommendation to the Council based on their review. 4. Mr. Gunderson has a construction timeline consistent and dependent on the approval of this license being approved. The business will obtain the brewery license from the State and will be governed by the DOR. Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City s mission.): Taking action regarding this license conforms to the City s Strategic Plan by encouraging economic development in the entrepreneurial community while applying sound, sustainable practices to promote high quality development. Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment utilizing the four following ecomunicipality guidelines.): Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A Action required/recommendation: Staff recommends that the City Council approve this referral to the ABLCC and will expect to see this application return to the Council for a decision at its August 21 st Regular City Council Meeting. Fiscal Note/Budget Impact: The fees for this license are $600 and are prorated. Attachments: Original Alcohol Beverage Retail License Application. 8

9 City Clerk s Office, City Hall 100 State Street Beloit, WI NOTICE TO ATTEND ABLCC MEETING August 2, 2017 G5 Brewing Company, LLC Attn: Lee Gunderson, Agent 9414 S. Clinic Road Beloit, WI Dear Mr. Gunderson: G5 Brewing Company, LLC, located at 1895 Gateway Blvd, Beloit, has submitted an application for a Class B Beer & and Class B Intoxicating Liquor License. The application lists you as the agent. This application will be discussed at the regular meeting of the Alcohol Beverage License Control Committee on August 8, 2017 at 4:00 p.m. in The Forum of Beloit City Hall, 100 State Street, Beloit, WI. As the Agent your presence is necessary on August 8, 2017 at 4:00 p.m. in the City Hall Forum to answer any questions or concerns from the committee, or the application may not go forward with a recommendation to the City Council. If a recommendation is made to the City Council, you should also plan to be present at the next regular City Council Meeting Scheduled for August 21, 2017 at 7:00 p.m. in the City Hall Forum. If you have any questions, please call the City Clerk-Treasurer s Office at Sincerely, Lorena Rae Stottler City Clerk-Treasurer CC: G5 Brewing Company, 1895 Gateway Blvd, Beloit WI via G5brewingcompany@gmail.com 9

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25 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Application for a Class B Beer and Class B Liquor License for Little Mexico of Beloit, LLC, 2787 Milwaukee Road, Adrian Cortes Pichardo (Agent) for the license period ending June 30, Date: August 7, 2017 Presenter(s): Lorena Rae Stottler Department: City Clerk Overview/Background Information: Adrian Cortes Pichardo is applying for a Class B Beer and Class B Liquor License for the license period ending June 30, 2018 at his restaurant located at 2787 Milwaukee Road. He has held a Class B Beer and Class C Wine license at this location since The applicant was exploring other locations to move his business in 2017 due to the current location undergoing many renovations, but the property owner and Mr. Cortes Pichardo have agreed to stay in this location and they d like to consider ways that he can expand his services to their customers. This application is an effort to expand what they currently offer. Key Issues (maximum of 5): 1. Adrian Cortes Pichardo has submitted an application for a Class B Beer and Class B Liquor License for the license period ending June 30, 2018 for the property located at 2787 Milwaukee Road, Beloit. 2. A complete application with fees has been submitted to the Clerk s office and is being referred to the ABLCC for their August 8 th agenda by the City Council on August 7 th via the consent agenda. 3. The ABLCC will review the application to assure conformity with existing rules, regulations and zoning ordinances of the city and state and will make a recommendation to the Council based on their review. Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City s mission.): Taking action regarding this license conforms to the City s Strategic Plan by encouraging economic development in the entrepreneurial community while applying sound, sustainable practices to promote high quality development. Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment utilizing the four following ecomunicipality guidelines.): Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A Action required/recommendation: Staff recommends that the City Council approve this referral to the ABLCC and will expect to see this application return to the Council for a decision at its August 21 st Regular City Council Meeting. Fiscal Note/Budget Impact: The fees for this license are $600 and are prorated. Attachments: Original Alcohol Beverage Retail License Application. 25

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32 City Quota City of Beloit - Alcohol License Quotas Licenses Year ~ July 1, 2017 through June 30, 2018 State Quota Licenses Granted Licenses Issued Licenses Available Licenses Pending Current Fee Comments Licenses Subject to Quota: Palermo's Extended; Little Mexico and G5 Brewing have submitted applications. Class "B" Beer & "Class B" Liquor NA $ Class "B" Beer & Reserve "Class B" Liquor NA $10, 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 Licenses 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