 for your time. I'd like to open up our meeting of the licensing hearings of public safety committee starting with roll call order all the person farm fielding present other person here other person Leslie Lester here other person Amanda Salazar. I have not heard anything from her. Oh she's on here she's here. Sorry my mic my mic was muted here. I said here but I'm here. Alright so if everybody that's in attendance could please join me for the Pledge of Allegiance. Pledge of Allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, liberty and justice for all. Moving on to approval of minutes from the January 26, 2022 meeting. Do we have any discussion? I will make a motion to approve. We have a motion to approve. Do we have a second? Second. I have a motion and a second. We have no discussion perhaps. Set up sorry. Alright if we have a motion and a second all those who are in favor please signify by stating aye. Aye opposed. Alright and chair votes aye. That item is approved. It is up for discussion item number six is the discussion of possible action regarding the request of alcoholic beverages license number three five one five the doghouse for an extension under the city's continuation of business ordinance. City Attorney? Yeah so is Mr. what how is he in the room? Yes. Okay. Yeah. So they just recently went past the time on the continuation of business ordinance and so they need to get an extension. My understanding is that as of today, they have what they need done to get an occupancy permit and those kinds of things and we'll be opening up shortly. As you know, you generally will give a one time extension of the license for good cause shown if they're going to be open. Usually you give 30 to 90 days, but you can give more or less. It's just you get one time to do it. I suggest you ask Mr. Wachowski how long it's going to be before he is going to be able to open and if that's acceptable to you, give him an extension to then or you know give him a week of cushion or something. But that would be my suggestion if that's what you're willing to do. You got everything all done. I don't know that what you're asking. We're just trying to find out will you be able to you know get yourselves ready to go within a certain time period and with that time period is that we can grant you the extension that you need. Okay to physically be open. Yeah, I would think in three weeks. Okay, so if we gave you like a month, is that enough? That's fine. I want to get it open as soon as possible. Sure. I mean it can be before that too, correct? Yeah. You just want to make sure you're not going to have any hiccups or problems where you can't do it because we can only do it once. So that's why I want to give you an extra week and hopefully we got enough health to do it. Right. We got three of them. Can I time in a little bit? So he did do all of the things on the checklist and he did get issued the license today just so that you're aware. Everybody's aware. We had completed the checklist of what he needed to do to get his liquor license issued. Yeah. He just needs the extension because otherwise that issued license is invalid because it's outside of the his six months. The six months has run as of I think what January 28. So I would suggest you give him, you know, since he said three weeks, I don't know, maybe you give him until March 21, which is a Sunday. That way he's got a couple more, you know, he's got the full month plus the following weekend to get it open or something like that. March 21. How does that sound? Yeah. It will be open. I'll make a motion. I might not have food right away, but it will be open. Anybody else have any questions about this? I'm fine with granting the extension. I was just going to say two months for a cushion because I'm hearing, you know, it's hard to hire people to get him some extra time just in case. It's not going to hurt anything. So I'd make a motion to grant the extension with two months. I'll give a specific date. So, you know, if you want to make it April 16 or so, April 16 might be after the council year is over, but maybe you want to just give it to the last day of the council year. What day is that? Technically, April 5th. What if we gave him till April 1st? Like that's a Friday. Perfect. Okay. So he has until a Sunday just in case. Okay. April 3rd. That's it. I'll change it. I'll make a motion to grant the extension through April 3rd. I will second. Okay, so we're not going to do the eight. We're not doing the end of the 18th is the Common Council mandate. The council ends on the 18th. So do we want to give him till the 18th? He said he had three weeks. So I think we're, I think we're good. I don't know. Yeah. He would feel safer if you can't hear well. Okay, I'll make a motion to grant the 18th through April 18th. Okay. So all their lefts are made to motion. Do we have a second for the 18th of April of 2022 for this extension? I'll second. Okay. So we have a motion and a second. So all those in favor, please signify by stating aye. Aye. Aye. Opposed? Aye. Opposed? Chair votes aye. That motion is approved. All right. Thank you so much for your time. Thank you all. I'm going to get her opening all of the head. Come in and have a hot dog on me. Okay. Item number seven is RO number 37, 21, 22. It's a minigunary of applications for the period ending June 30th, 2022. Change of premise application number 3444. Yep. This was in front of you from a while back and is just here for filing. Since this webinar, we had held it because they were not ready to actually get that change of premise. Since then, the business has changed hands and the new folks no longer want the change of premise, so we're just here to file it. Motion to file. Second. Got a motion and a second. Any discussion? Okay. All those in favor of filing this motion, please signify by saying aye. Aye. Opposed? Chair votes aye. That item is approved. Item number eight is RO number 124, 21, 22, submitting various license applications for the period ending June 30th. 22, 22. City attorney. All right. So I'm going to ask you to make two motions on this because there's kind of two sets of licenses here. Those of you who are remote and I sent you this earlier, there's been a slight change in what's happening here, but it's not a big thing. So that first set of them is for a number of gas stations in Mini Marts and the RO first said that it was for a retail class, a retail liquor license. Then we thought actually, I thought when I heard that it wasn't full liquor, which would have been a problem because we would run out that it was beer only, but it's actually for this new combo license that's available where it's a class, a liquor license for cider only, and then beer. So they will be able to serve beer and they'll be able to serve cider, but they won't be able to serve hard liquor. So I would, because it was not quite right on the RO, my suggestion would be that you move to approve those licenses and approve granting them a class, a retail liquor cider only license. All right. All right. Discussion on this for anybody? Just one quick question, Chuck. Where does wine go into that? Does it, is it wine included in that or is that, or not? Is that the separate or I thought that was beer and wine is the same license? Beer and wine goes, there's a, there's a wine license for class B's, which are the bars. Meredith, I don't remember. Is wine included in the cider license? I can't remember. No. Oh, it's not. Okay. Well, and these are the minute wire. Is, is this, sorry, I have a question. Is a seltzer considered a beer? So usually, yes. So the way, the way to describe it is that what we call a beer is actually a fermented malt beverage. And most seltzers, even wine coolers, are actually made with a base that is a fermented malt beverage. And there is the other thing that's that potentially is able to be sold under a fermented malt average license, or at least was it because there was a question about it is sake, because sake beer is actually fermented rice. Yeah. Yeah. So technically, even though it's a hard liquor, probably we can be sold there, but your typical, you know, whiskey and that kind of stuff would not be that distilled. And yeah, thank you for clarifying that. Do you have any further discussion? I do. It says, says that the RO indicates the request is for class a retail liquor license. How many are we talking? There's two sets of licenses, you said. Is this for two separate, but owned by the same person? No, so, so what what you've got to go into what I mean by two sets is that on RO, you have a list of a number of licenses that looked like they were being applied for a class a retail, but they're actually retail liquor, but it's actually a class a retail cider only liquor license. And there are, I don't know, six, six of them on there. When you're done with this, then we're going to deal with the other set, which is a set of one, which is the class B liquor license will deal with that in a moment. But what you're voting on is basically these mini marts, several of which are the mini marts that close around and are now a few of them are being reopened that are applying for this cider license so that it can sell beer and cider. OK, let me tell you, all right, then I will make the motion to grant those liquor licenses, those class a retail liquor licenses. Can you hang on one second bar because Meredith had to say something to, please, I'm sorry. I just wanted to make sure we had gotten some clarification from the DOR as well, that we have to list both of them on there, the class A beer and the class A cider only because it's not the full liquor. So you're making both of them together. So just to include that in your motion, that's both of them. Yeah. OK, I will include that in the motion then. The class A beer and liquor and cider. Sorry. The way Meredith said it. How's that? Do you have a second? OK, we've got a motion and a second. All those in favor of Meredith, the way the Meredith said this because I can't do any of them. All those who have ever please say hi by saying hi. Hi. Opposed? Chair votes. I have that motion is approved. Next item on our agenda is the next. No, no, no, you're still on the RO. No. So then that second set is that single class B liquor license. So last time you granted the ability to apply for that license to Young Trust Entertainment LLC, that's that West Coast. So since the application there, there's been an issue. They include at least one law violation where they violated occupancy permits because they didn't have an occupancy permit and they had an event there because they don't have a liquor license. They could potentially have had people bring their own liquor in and that kind of thing. The police, when they looked into it, didn't have all of that information yet necessarily. And so it's not clear that there was a liquor violation. If they had sold liquor there, that would be a violation as well. And yeah, Bill can maybe speak a little bit to that more if you'd like. But the question that we really have for you today, the license is there for you to approve. If you want to just approve it and not be concerned about the violation, that's one thing and it's if they weren't selling liquor, if it was just a private party, which we think it was a private party and there was no charge being made for the alcohol, then the only violation really is the violation of the occupancy, which I don't want to call that a minor violation, but it's not as closely related to the license activity. And maybe you care about it, maybe you don't. And if this were, if we had lots of liquor licenses available, I'd probably tell you, you know, just go ahead and grant it. But I also know this is the only one available and you chose them after sort of really taking a long time to think about who should get it. And if this changes things for you, what I would suggest is if it changes things for you, don't just deny it today. I would say haul them in to talk to you about it at the next meeting so they won't get the license today. If that's what you do, they would have to come in in two weeks and talk to you about it. And then you can do what you want. You can read them in the riot act. You could and then grant it. You could not grant whatever, whatever it is that you want to do. And maybe you'll have a good explanation of our committee just found out about this on Monday, our staff group. So we haven't even had the chance to talk to them ourselves. So, yeah, I can give you more info and Chuck, I was actually able to watch the body camera. So I have probably a little more info for you as well. So on February 11th, about 8 30 p.m. Officer Alicia Rotier was walking along Michigan Avenue, just checking on bars and she saw that the lights were on for this one. And there were people inside and she's like, OK, so she went to check on it. The door was locked. She knocked at the door numerous times, got no answer, went around the building to see if she could find some way in. People were upstairs. I believe maybe they'd like turn the lights out or something upstairs, but really people wouldn't let her come into the bar. So she continues her walk around Michigan Avenue and then she sees a woman walking up with a bag of ice toward the bar. So she stops her and says, hey, is there something going on in here? And she's kind of hesitant. And then another man comes up who we eventually identify as Theo Childress, who I believe is one of the owners, is Desker. So she says, what's going on here? And they say there's a private party. She asks if they have a license and they say, no, they're in the process of getting it. And she asks for his name and he refuses to give it to her. So she's not obligated to its private party. It's none of her business. She says, well, the lights are on. It looks like the bar is open. I'm an officer, you know, I'm supposed to be checking this. And then somebody turns the lights off and he's like, the lights aren't on. And she's like, the lights were just turned off. I'm not stupid. So there's this back and forth. She asks them several times to identify himself. Finally, he does, but tells her, well, I'm not obligated to do that, but I'll give you my name. And she's a little frustrated. She and then toward the very end, what's her name? Erica Torson comes out and says, yeah, it's just a private party. It's a birthday party for the woman, the husband of the woman who's carrying the ice and she lets them go. And the only issue, one of our neighborhood beat officers finds out that they don't have occupancy later on. It's not something we wanted them about that night but found out later. But so the occupancy is a concern for us. It seems like after the fact that it's not a liquor violation, as Chuck points out, because they don't have their license. But obviously we're very concerned about the complete lack of cooperation that they showed to the officer who was just trying to do a bar check and it's pretty straightforward. Yeah, I completely understand what you're saying as far as cooperation. But do you feel that that was specifically Erica or that was the business owner or the building owner? But it was Theo Childress was the one who was not cooperating at all. OK, so not Erica. He's the agent. Theo is the agent. The agent of the licensed. Right, he's the one who is the agent. He's the president of the company that holds the license. She is less involved than he is. I'm a little concerned that they wouldn't cooperate with the police officer. So I think I'd like them to come come before us again and explain that. I agree. I agree as well. Yeah, I mean, yes. Can I get a little understanding of the occupancy license? Like, how does that? What were the steps that were missed to not have that? Or is it just wasn't filed? Sorry, if I'm asking an obvious question, I just don't know. But to get an occupancy permit for commercial building, you have to go to the inspection, have some new inspections. There's a whole list of things you have to make sure are ready to go. What I don't know is whether they had ever and I don't know, Meredith, if you know this because we did talk about this a little bit, you have to go to the inspection. I don't know if they even applied yet for it or whether the inspections had happened and there were things they had to work on. I don't know the answer to that. I spoke to building inspection yesterday. They had not yet applied. So they initially they have to turn in $250 the application and schedule an initial inspection with building inspection. They would go through, give them a list of violations, a certain amount of time to correct it, which is usually 30 days. And then they would go in for a reinspection in order to get occupancy to make sure the violations were corrected, which they haven't done any of yet, as far as I know. And I feel like I don't remember the date that we met with them. But I thought that she implied they would be open soon and that they had everything else together. I feel like that was one of the reasons we went in that direction because they would be opening soon. So I agree we should speak with them again, but it is concerning to me because there were three businesses at the table, all, in my opinion, strong, viable businesses that are going to contribute to Sheboygan. And we went with her based off of she made it sound like she had all her ducks in a row and they're just waiting on a liquor license and they'll be open in a couple months. And now I'm hearing they haven't even applied for a building inspection. Plus you have people in the building that hasn't been inspected. You know, is it up to code? Does it say there's just a lot of red flags for me? And it's just really disappointing because there's two of the businesses, one open and one trying to open that now don't have that liquor license. So I would like to hear from them, but I definitely would like to hold the license. I do not want to grant them a license. I concur. I think that they should, you know, at least come in force, explain themselves as to why, why they acted in this manner. It's really disappointing. I think that they, that they really, you know, about their nose as the other officer. I mean, I think it could have, it would have been a whole different. I mean, first of all, through the violation is one thing, but then to the actions against the officer that really concerns me, that really does. I mean, I, you know, I think they got caught themselves. But they knew they were in the wrong and they kind of compounded it by trying to hide it instead of just coming clean and saying, yeah, we're here having a birthday party or whatever. Yes. Just say what it is and that's it for people in a forwarded position, but I'm just asking questions because they want to make sure people are safe. So, so I guess I'm looking for a motion to ask them to come in. So we're going to hold the license and not grant it. And we'd like them to come in and talk about it. And then we'll consider it then. Is that how it is? Check. Yeah, second to ask them to come in. Yeah. OK, I'll make the motion to hold the license and ask the agent and owner to attend the next meeting to explain themselves. Second. Did you have in there that we're holding the license? Yes. Yeah. OK. Second. We had a motion and a second and another second. So all those in favor, please signify by saying aye. Aye. Opposed? There are votes aye. The motion can be approved. So we will be holding that until they come in. So now. OK, number eight. OK, so the next item on the agenda is our number 12421. That was that. That was that. OK, sorry, guys. I'm sorry. So our next meeting date is March 2, 2022. I am looking for a motion to adjourn so I can stop running a bad meeting. Mark, come back. Well, I'll be back the next one. I can guarantee it. Wait, wait, wait. It's March 3rd. Our next meeting is March 3rd. Not a second. There was a move on the agenda, so it's actually a second. Oh, OK. So that's why I said the wrong date. I should have said that. Just trying to try to cover that up. Yeah, so it is March 2nd. It's on my paper here. So I am looking for a motion to adjourn, please. I'll make the motion. Second. OK, all right. Well, seconds. All those in favor, please signify by stating aye. Aye. Opposed. All right, we are in chair votes aye. So we are adjourned. Thank you very much for your time.