Legislative & Licensing Committee

CITY OF BROOKFIELD OFFICIAL NOTICE AND AGENDA Notice is hereby given that a public meeting will be held on the date, time and location shown below. Upon attaining a quorum of members, all items listed on the agenda shown below may be considered (discussed and/or acted upon).

Regular / Special Meeting: LEGISLATIVE & LICENSING COMMITTEE Date and Time: TUESDAY, JUNE 1, 2021 @ 6:45 P.M. Location: COUNCIL CHAMBERS, CITY HALL (NOTE: ROOM CHANGE) Members: Aldermen: Gary Mahkorn (Chair), Brad Blumer, Bill Carnell, Jenna Meza, Mark Nelson (NUMBER OF MEMBERS NEEDED TO MEET QUORUM REQUIREMENTS: 3)

**ALL ACTIONS ON LICENSES SUBJECT TO FURTHER ADMINISTRATIVE APPROVALS** **ALL APPROVALS OF ALCOHOL LICENSES ARE SUBJECT TO PAYMENT OF DELINQUENT TAXES & LIQUOR BILLS**

1. ROLL CALL 2. ANNOUNCEMENTS a. The Next Regularly Scheduled meeting is Tuesday, June 15, 2021.

3. MINUTES a. Minutes of the May 18, 2021 meeting.

4. NEW BUSINESS

a. Resolution regarding an applicant for a Renewal Class B Beer/Liquor License with a violation.

Uncle Julio’s of Florida, Inc.; D/b/a: Uncle Julio’s 245 S. Moorland Road; Agent: Patty L. Weichal

b. Resolution regarding an applicant for a Renewal Class B Beer/Liquor License with a violation.

Crepelove LLC.; D/b/a: Vino Cappuccino 2848 N. Brookfield Road; Agent: Andreas Protopapas

c. Resolution regarding an applicant for an Original Bartender/Operator License with violations – Joseph A. Porter.

d. Resolution regarding an applicant for an Original Bartender/Operator License with violations – Jonathan A. Weiss.

e. Resolution regarding an applicant for a Renewal Bartender/Operator License with violations – Sharice A. Nelson.

f. Resolution regarding an applicant for a Renewal Bartender/Operator License with violations – Gregory K. Schultheis.

g. Resolution regarding an applicant for an Original Class B Beer and Class C Wine License.

H. S. Products LLC; D/b/a: Had’s Indian Cuisine 2345 N. 124th Street; Agent: Hardeep Singh

h. Resolution regarding applicants for Renewal Alcohol Licenses.

CLASS A BEER & LIQUOR

Bar Stars Bartending Service LLC;D/b/a: Bar Stars Bartending Service 200 S. Executive Drive, #101; Agent: Janine Y. Rajchel

Danielle’s Deli LLC; D/b/a: Danielle’s Deli 15655 W. North Avenue; Agent: Danielle N. Glavin

Target Corporation; D/b/a: Target Store T-2780 12725 W. Bluemound Road; Agent: Kelsey L. Karnopp

Wisconsin Fine Wines & Spirits, LLC; D/b/a: Total Wine Spirits Beer & More 17300 W. Bluemound Road, Suite 200; Agent: Scott G. Busche

Trader Joe’s East, Inc.; D/b/a: Trader Joe’s #726 12665 W. Bluemound Road; Agent: Jeffrey J. Clark

Sukh Corporation; D/b/a: Westbrook Beverage Center 13430 W. Greenfield Avenue; Agent: Surhpreet Kaur

Cost Plus, Inc.; D/b/a: World Market 625 Main Street; Agent: Cynthia Sayles-Albers

CLASS C WINE

The Jar, Inc; D/b/a: The Jar 200 N. Moorland Road; Agent: Tami G. Swanto

CLASS B BEER

North Central Management Inc.; D/b/a: Brookfield Conference Center 325 S. Moorland Road; Agent: Carl J. Allen

CLASS B BEER & C WINE

H.S. Products LLC; D/b/a: Had’s Indian Cuisine 2345 N. 124th Street; Agent: Hardeep Singh

CLASS B BEER & LIQUOR

Brookfield Bar Inc.; D/b/a: Bar Louie 95 N. Moorland Road, E7; Agent: Jacob L. Schermetzler

Legislative & Licensing Committee June 1, 2021 Pg 2 of 4

Bailey, Belva, Louise; D/b/a: Belle’s Castle Inn 13170 W. Greenfield Avenue; Agent: Belva L. Bailey

Bougey’s Bar & Grill, LLC; D/b/a: Bougey’s Bar & Grill 16760 W. Greenfield Avenue; Agent: Gareth E. Trinko

Boulder Junction Inc.; D/b/a: Boulder Junction Restaurant 12550 W. Burleigh Road; Agent: Josephine Militello

Bravo Brio Restaurants, LLC; D/b/a: Bravo! 95 N. Moorland Road, A147, #D68; Agent: Kate M. Parkhurst

Aimbridge Concessions, Inc.; D/b/a: Doubletree Milwaukee Brookfield 18155 Bluemound Road; Agent: Brittany Alvarez-Avila

Elite Brookfield LLC; D/b/a: Elite Brookfield 13825 W. Burleigh Road; Agent: Anthony E. Bieri

North Central Management Inc.; D/b/a: Hilton Garden Inn Brookfield 265 S. Moorland Road; Agent: Carl J. Allen

Marty’s Brookfield Inc.; D/b/a: Marty’s Pizza 16680 W. Bluemound Road; Agent: Edward H. Bautz

North Star West, Inc.; D/b/a: North Star American Bistro 19115 W. Capitol Drive, Suite 100; Agent: Michael T. Stoner

Restaurant of Brookfield, Inc.; D/b/a: Parkside 23 2300 Pilgrim Square Road; Agent: George N. Flees

Red Robin International, Inc.; D/b/a: Red Robin Gourmet Burgers and Brews 95 N. Moorland Road, Unit C; Agent: Alissa A. Jackson

WB Hotel, LLC; D/b/a: Residence Inn by Marriott 765 S. Pinehurst Court; Agent: Mark A. Ostendorf

Sabella’s Pub, Inc.; D/b/a: Sabella’s Pub & Grill 2850 N. Brookfield Road; Agent: Silvio Sabella

Sharon Lynne Wilson Center for the Arts, Inc; D/b/a: Sharon Lynne Wilson Center for the Arts 3270 Mitchell Park Drive; Agent: Vincent P. Vogelsang

Sonesta International Hotels Corporation; D/b/a: Sonesta Select Milwaukee Brookfield 16865 W. Bluemound Road; Agent: Angela M. Cleland

New Taste of India II LLC; D/b/a: Taste of India 17115 W. Bluemound Road, D1; Agent: Manjit Singh

Westmoor Country Club; D/b/a: Westmoor Country Club 400 S. Moorland Road; Agent: Daniel J. Morn

RESERVE CLASS B BEER & LIQUOR

Mitchell’s Entertainment, Inc.; D/b/a: Mitchell’s Fish Market 275 N. Moorland Road; Agent: Tyler H. Peyton

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Hanbai, Inc.; D/b/a: Wasabi Sushi Lounge 95 N. Moorland Road, D66; Agent: Jay Y. Han

PEDD CLASS B BEER & LIQUOR

Marcus Cinemas of Wisconsin, LLC; D/b/a: Movie Tavern 175 S. Moorland Road; Agent: Ryan C. Helland

i. Resolution regarding applicants for Original Bartender/Operator Licenses.

Davidson, Nicola A. Schultz, Andrew G. Vranek, Jessie K.

j. Resolution regarding applicants for Renewal Bartender/Operator Licenses.

Cannon, Christine P. Gogin, Robert W. Hubal, Ashley K.

k. Resolution regarding an applicant for a Fireworks User Permit.

Brookfield Central High School - Graduation 16900 W. Gebhardt Road Friday, June 11, 2021 – Dusk Pyrotechnicians: Spielbauer Fireworks Co. Contact: Patrick Spielbauer

l. Consideration of a Public Comment Policy.

5. ADJOURNMENT.

KELLY MICHAELS, MMC, WCPC CITY CLERK’S OFFICE, CITY CLERK MAY 28, 2021 @ 3:00 P.M.

ANY PERSON WHO HAS A QUALIFYING DISABILITY AS DEFINED BY THE AMERICANS WITH DISABILITY ACT THAT REQUIRES THE MEETINGS OR MATERIALS BE IN AN ACCESSIBLE LOCATION OR FORMAT, CONTACT THE CITY CLERK AT (262) 782-9650 OR 2000 NORTH CALHOUN ROAD, FOR ACCOMMODATIONS. REQUESTS FOR ACCOMMODATIONS FOR MEETINGS SHOULD BE MADE AT LEAST 3 BUSINESS DAYS IN ADVANCE OF THE MEETING. EVERY EFFORT WILL BE MADE TO ARRANGE ACCOMMODATIONS FOR ALL MEETINGS.

NOTE: IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO IN THIS NOTICE.

Legislative & Licensing Committee June 1, 2021 Pg 4 of 4

MINUTES OF AN OFFICIAL MEETING Regular Meeting of: Legislative & Licensing Committee

Date and Time: Tuesday, May 18, 2021 at 6:45 pm

Location: Council Chambers, City Hall, 2000 N. Calhoun Road, Brookfield WI 53005

4 Members Present: Alderman Gary Mahkorn (Chair), Alderman Brad Blumer, Alderman Bill Carnell, Alderman Jenna Meza, Alderman Mark Nelson

Members Excused: N/A

Others Present: City Attorney Jenna Merten, City Clerk Kelly Michaels, Police Chief Jim Adlam, Alderman Christopher Blackburn, Zoning & Building Administrator Larry Goudy, Economic Development Coordinator Todd Willis,

1) ROLL CALL

Alderman Mahkorn noted a quorum present and called the Legislative & Licensing Committee to order at 6:46 p.m.

2) ANNOUNCEMENTS

The Next Regularly Scheduled meeting will be held on Tuesday, June 1, 2021.

3) MINUTES Motion by Alderman Blumer, seconded by Alderman Meza to approve the minutes of the May 4, 2021 Legislative & Licensing Committee meeting. Motion carried 5-0.

4) NEW BUSINESS a. Resolution regarding an applicant for a Temporary Premise Extension Renewal – Bonefish Grill, 18355 W. Bluemound Road.

Todd Willis explained this item is being renewed for the current year, from July 1, 2021 to November 30, 2021 and is unchanged from the prior approval. Motion by Alderman Blumer, seconded by Alderman Meza to approve a Temporary Premise Extension Renewal to Bonefish Grill, 18355 W. Bluemound Road. Motion carried 5-0. b. Resolution regarding an applicant for a Temporary Premise Extension Renewal – Saloon on Calhoun, 17700 W. Capitol Drive.

Todd Willis noted this request does not include the grass area, just the patio and five parking spaces that was detailed on the prior approval. This is a renewal for the current year, from July 1, 2021 to November 30, 2021. Motion by Alderman Blumer, seconded by Alderman Meza to approve a Temporary Premise Extension Renewal to Saloon on Calhoun, 17700 W. Capitol Drive. Motion carried 5-0. c. Consideration of an applicant for a Temporary Use Event with Alcohol – Saloon on Calhoun, 17700 W. Capitol Drive.

Todd Willis noted this is the extension of the premise for the Saloonfest 2 event, which will appear before the Council as a Whole tonight as well. Alderman Mahkorn asked if the serving of alcohol time frame co-insides with the event hours. Mr. Willis replied yes, the Plan Commission approved the permitted hours and use.

Alderman Carnell stated he is uncertain on how to vote on this item tonight as he would like to hear the debate at the Council. Therefore he announce he will abstain from voting at the L&L meeting. Alderman Blumer agreed and noted he too would like to hear the debate but would be fine with the Council approving or denying the item. Alderman Mahkorn stated the L&L Committee is responsible for the alcohol approval and it would be bad precedence for the committee to waive their responsibilities. He suggested the committee discuss the item as it related to the committee’s responsibilities. Alderman Blumer noted that he had no concerns with alcohol control or security for the event. Alderman Carnell stated he was concerned with who would be deciding to terminate the event if there are problems. He also indicated he was not happy with the length of time the event would be held, which is 10 days long. He was generally unhappy with the process for this event and felt it could be improved to ask more appropriate questions of the event itself. He felt it was not well reviewed at the Plan Review Board or the Plan Commission.

Alderman Mahkorn appreciated Alderman Carnell’s comments, but noted their duty is for consideration of the alcohol at the event. Alderman Blumer noted his constituents were concerned less with the alcohol than they were with other aspects of the event. Motion by Alderman Blumer, seconded by Alderman Meza to approve the alcohol for the temporary use event – Saloonfest 2 at Saloon on Calhoun, 17700 W. Capitol Drive. Motion carried 4-0-1, with Alderman Carnell abstaining from the vote. d. Ordinance amending Subsection 2.16.030.1 of the Brookfield Municipal Code as it relates to Polling Places.

City Clerk Michaels noted Mayor Ponto, Attorney Merten and herself met with staff from the Elmbrook School District regarding the District 1 poll site, which is currently Immanuel Baptist Church. She indicated this particular site has received a number of complaints and concerns as detailed in her memo. When the poll site was changed from Immanuel Baptist Church to Brookfield East High School for the November 2020 election, the city received a lot of positive feedback from voters that would like to see the District 1 poll site moved out of Immanuel Baptist Church. The Elmbrook School District agreed with this; therefore, this ordinance would make the poll site change effective with the 2022 elections.

Alderman Blumer questioned if classes could be in session on Election Day. Clerk Michaels replied ‘yes, they have a large gymnasium that would be sectioned off for elections. Additionally, there is a parking lot located just outside the entrance to the gymnasium that would be closed to student parking on Election Day thereby preserving it for voter parking. Additionally, they have quite a few students who showed interest is working at the elections as a student poll worker.

Motion by Alderman Carnell, seconded by Alderman Blumer to approve an ordinance amending Subsection 2.16.030.1 of the Brookfield Municipal Code as it relates to Polling Places. Motion carried 5-0.

Legislative & Licensing Committee May 18, 2021 Pg 2 of 7 e. Resolution regarding applicants for Renewal Alcohol Licenses.

CLASS A BEER

124th Street Inc.; D/b/a: Brookfield Place BP 3075 N. 124th Street; Agent: Didar Singh

CLASS A BEER & LIQUOR

Wisconsin CVS Pharmacy, LLC; D/b/a: CVS Pharmacy #6855 17165 Bluemound Road; Agent: Patrick McGrath

Lakes Venture, LLC; D/b/a: Fresh Thyme Market #702 17300 W. Bluemound Road; Agent: Tracy L. Staff

Sendik’s Market Elmbrook Inc; D/b/a: Piggly Wiggly #118 2315 N. 124th Street; Agent: Anthony J. Balistreri-Sendik

Sendik’s Fine Foods, Inc; D/b/a: Sendik’s Fine Foods 18985 W. Capitol Drive; Agent: Thomas Balistreri III

CLASS B BEER

GSBR Milwaukee LLC; D/b/a: Game Show Battle Rooms 12565 W. Feerick St, Suite B; Agent: Donald M. Castine Jr

Metro-Cigars Brookfield, LLC; D/b/a: Metro Cigars 13640 W. Capitol Drive; Agent: Jennifer L. Groh

The Ponds of Brookfield LLC; D/b/a: The Ponds of Brookfield 2810 N. Calhoun Road; Agent: Robert R. Perry

CLASS B BEER & C WINE

Café Manna, LLC; D/b/a: Café Manna 3815 N. Brookfield Rd, Suite 100; Agent: Robin S. Kasch

Portillo’s Hot Dogs, LLC; D/b/a: Portillo’s Hot Dogs 17585 W. Bluemound Road; Agent: Edward J. Janikowski

CLASS B BEER & LIQUOR

Cudworth-Stenz-Griesell-Smith American Legion 449 D/b/a: American Legion Post 449 3245 N. 124th Street; Agent: Michael L. Cannon

Bluemound Bowl Entertainment Center LLC D/b/a: Bluemound Bowl 12935 W. Bluemound Road; Agent: Henry T. Posnanski

Brookfield Hills Golf Course, Inc; D/b/a: Brookfield Hills Golf Course 16075 Pinehurst Drive; Agent: Linda A. Stiloski

Brunch BKD LLC; D/b/a: Brunch 18895 W. Capitol Drive, Suite 103; Agent: Morgan K. Schnabl

Legislative & Licensing Committee May 18, 2021 Pg 3 of 7

George D Incorporated; D/b/a: Capitol Café/Grecian Inn Restaurant 14375 West Capitol Drive; Agent: George I. Dimitropoulos

Bluemound Restaurant Corporation; D/b/a: Champps Americana 1240 S. Moorland Road; Agent: Anthony W. Lewanovich

Devines Lariat LLC; D/b/a: Devines Lariat 4165 N. 124th Street; Agent: Diane L. Townsend

New Fujiyama Brookfield LLC; D/b/a: Fujiyama 17395D W. Bluemound Road; Agent: Xue Long Zhang

Jake’s Restaurant, Inc; D/b/a: Jake’s Restaurant 21445 W. Gumina Road; Agent: Karen B. Replogle

LTF Club Operations Company, Inc; D/b/a: Life Time Athletic 17585 Golf Parkway; Agent: John T. Dahman

O’Sullivan’s Public House, Inc; D/b/a: O’Sullivan’s Public House 12525 W. North Avenue; Agent: Rebecca M. Sullivan

Outback Steakhouse of Florida, LLC; D/b/a: Outback Steakhouse 295 S. Moorland Road; Agent: Bridget M. Dahm

Andy Rad Inc.; D/b/a: Saloon on Calhoun 17000 W. Capitol Drive; Agent: Jennine M. Dayler

Real Hospitality Group LLC; D/b/a: Sheraton Brookfield/Milwaukee 375 S. Moorland Road; Agent: Lisa A. Sheets

1005 Elm Grove Road LLC; D/b/a: The Red Mill Inn 1005 S. Elm Grove Road; Agent: Mark A. Zierath

RESERVE CLASS B BEER & LIQUOR

Bonefish Grill, LLC; D/b/a: Bonefish Grill 18355 West Bluemound Road; Agent: Catherine R. Sharkey

Carrabba’s Italian Grill, LLC; D/b/a: Carrabba’s Italian Grill 18375 West Bluemound Road; Agent: Darren J. Mackenzie

OSI/Fleming’s, LLC; D/b/a: Fleming’s Prime Steakhouse & Wine Bar 15665 West Bluemound Road; Agent: Crystal C. Fritsch

Krause Properties LLC; D/b/a: Krause Food Service 21600 W. Capitol Drive; Agent: Mark J. Krause

PEDD CLASS B BEER & LIQUOR

Whirly Brookfield, LLC; D/b/a: Whirlyball 185 S. Moorland Road; Agent: Greg L. Pyburn

Motion by Alderman Carnell, seconded by Alderman Blumer to approve Renewal Alcohol Licenses to the above applicants. Motion carried 5-0.

Legislative & Licensing Committee May 18, 2021 Pg 4 of 7 f. Resolution regarding an applicant for an Original Class B Beer/Liquor License.

17915 Bluemound Co.; D/b/a: Honey Berry Pancakes & Café 17915 W. Bluemound Road; Agent: Elizabeth V. Aldrich

Motion by Alderman Carnell, seconded by Alderman Meza to approve an Original Class B Beer/Liquor License to Honey Berry Pancakes & Café, 17915 W. Bluemound Road. Motion carried 5-0. g. Resolution regarding applicants for Renewal Bartender/Operator Licenses.

Jatczak, Anna J. Smeltzer, Richard C.

Motion by Alderman Carnell, seconded by Alderman Blumer to approve Renewal Bartender/Operator Licenses to the above applicants. Motion carried 5-0. h. Resolution regarding an applicant for an Original Bartender/Operator License with violations – Robert S. Kenney.

Robert Kenney appeared before the committee and introductions were made. Alderman Mahkorn explained why Mr. Kenney had been invited to appear at the Legislative & Licensing Committee meeting. He noted that Mr. Kenney did not indicate any violations on his application and questioned the reason. Mr. Kenney said he did not understand the question. He thought the question related to violations specific to alcohol. Alderman Mahkorn noted Mr. Kenney has a lengthy record as it relates to traffic violations. Alderman Mahkorn summarized Mr. Kenney’s violations and commented that he felt Mr. Kenney could have avoided many of the violations by paying attention, especially as it relates to paying fines.

Alderman Mahkorn asked Mr. Kenney to explain the violations and why the committee should think you are a good risk as it relates to using good judgement in the serving alcohol. Mr. Kenney stated he lost his job in 2016. He was dropping his kids off at school, missed a stop sign, and was pulled over and given a ticket. This was the first time he dropped his kids off at this location. He could not pay his ticket as he lost his job, which resulted in the loss of his license. He explained that he went out to apply for jobs and was pulled over for driving without a license. However, once he gained employment, he was able to pay all his fines and get his license back.

Mr. Kenney said the more recent violations happened when he bought a car at a Milwaukee dealership. He explained he had paid for the license plate registration through the dealership and never received a license plate sticker. He contacted them several times and went to the DMV, however they told him to contact Madison. When he contact Madison, he was told to handle this on his own; that they could not help him.

Alderman Mahkorn appreciated Mr. Kenney’s honesty in explaining his violations. Mr. Kenney shared that he is still only working part-time, however the owner of Bluemound Bowl is trying to give him more hours so he can get back on his feet.

Alderman Mahkorn asked Mr. Kenney to explain the operations of Bluemound Bowl. Mr. Kenney replied it is a bowling center and has been in the city for approximately 40 years. The clientele is mainly league bowlers during the week and a younger crowd on the weekends. He said they only card people when they order an alcoholic drink. He stated he cards anyone who looks under the age of thirty. Alderman Mahkorn asked what the policy is as it relates to overserving. Mr. Kenney said it can be difficult if there are several bartenders working and you’re not sure who did the serving or whether the person had been drinking in the bathroom or out in the parking lot. He indicated the staff has to monitor to watch behaviors in order to catch that kind of stuff.

Alderman Mahkorn stated he would be in support of a license for Mr. Kenney, but wanted other members to ‘weigh in’. Alderman Meza wondered about the establishment as a whole, asking how many bartenders are on Legislative & Licensing Committee May 18, 2021 Pg 5 of 7 duty on a Friday or Saturday night. Mr. Kenney replied usually there are 2 to 3 bartenders. Alderman Meza asked if each person has certain roles when working. Mr. Kenney stated ‘yes, normally a licensed bartender will be behind the bar while the others normally handle the bowling lanes and that activity.

Alderman Blumer noted Mr. Kenney had an unfortunate period in 2019. He asked if his vehicle is currently registered and whether he has insurance and a driver’s license now. Mr. Kenney replied yes, he has his driver’s license and his vehicle is registered.

Motion by Alderman Nelson, seconded by Alderman Meza to approve an Original Bartender / Operator License to Robert S. Kenney. Motion carried 5-0. i. Resolution regarding an applicant for an Original Bartender/Operator License with violations – Jennifer L. Modesto.

This was the third committee meeting where Jennifer Modesto had not appeared as scheduled, to answer to the members’ questions related to her background record.

Motion by Alderman Blumer, seconded by Alderman Carnell to deny an Original Bartender/Operator License to Jennifer L. Modesto. Motion carried 5-0. j. Resolution regarding an applicant for a Renewal Bartender/Operator License with violations – Noelle C. Baranowski.

Noelle Baranowski appeared before the committee. Alderman Mahkorn explained why Ms. Baranowski was invited to appear before the committee and asked her to explain her OWI violation. Ms. Baranowski said she had worked a 14-hour day and went to dinner with a friend afterwards. She noted they shared a bottle of wine with dinner noting she did not think she would be over the limit by drinking two or three glasses of wine. She explained she was a block from home when she was pulled over in Greendale. The Office had indicated she made a wide turn and crossed over the fire lane. When the officer asked her if she had anything to drink. She admitted she had shared a bottle of wine over dinner with a friend. The officer asked her to perform some field sobriety tests, however she declined as she had torn three ligaments in her foot and felt it would affect the test. However, she volunteered for a breathalyzer test as she felt she was not impaired. She indicated she was surprised when she blew a .085 and then later was given a second breathalyzer at the police station and blew a .09. She reported she had taken the alcohol assessment class as required. She also noted the whole incident was embarrassing as she teaches ServeSafe classes and should have known better than to drive after drinking. She admitted her mistake.

Alderman Mahkorn asked what Buffalo Wild Wing’s policy is in serving alcohol. Ms. Baranowski replied they card everyone who looks under the age of forty and they require a ServeSafe alcohol compliance test within three days of being hired. Everyone is trained to identify issues or problems with difficult or intoxicated patrons. She reported they have at least one person a month that has to be cut off drinking alcohol as they have a zero tolerance policy.

Alderman Nelson asked what Ms. Baranowski’s position is at Buffalo Wild Wings. She is the Assistant General Manager, direct supervisor of the Shift Manager and kitchen staff, and indirectly supervises everyone except the General Manager, which is around forty to forty-five workers.

Alderman Blumer stated normally the committee looks at the period of time for OWI violations. He indicated he felt Ms. Baranowski made a mistake and noted he was willing to support a license for her. Alderman Mahkorn noted with a renewal license the applicant has property rights so the standard of denial is higher in that case. He agreed and indicated he was also willing to support a license due to the higher standard and how Ms. Baranowski presented herself to the committee.

Legislative & Licensing Committee May 18, 2021 Pg 6 of 7

Motion by Alderman Carnell, seconded by Alderman Blumer to approve a Renewal Bartender / Operator License to Noelle C. Baranowski. Motion carried 5-0. k. Resolution regarding an applicant for a Renewal Class B Beer/Liquor License with a violation.

Franklynn Development LLC; D/b/a: Brookfield Indoor Soccer Complex 19485 W. Lisbon Road; Agent: Frank G. O’Connor

Patrick O’Connor, son of the agent, appeared before the committee. Alderman Mahkorn asked Mr. O’Connor to explain the violation of having no licensed bartender on the premise during a compliance check. Mr. O’Connor replied that the individual working that night had a Milwaukee bartender’s license and they did not realize he was not licensed for the City of Brookfield. This year they hired a café/bar manager who is responsible for hiring and he felt there was miscommunication on staff’s part which resulted in there not being a licensed bartender working the night of the violation. Alderman Mahkorn questioned their hiring policies. He noted that many leagues are adult leagues. However, in the past, most of the staff were high school or college kids. He noted they are now hiring people who are a little bit older.

Alderman Nelson asked how many individuals are licensed bartenders at the Brookfield Indoor Soccer Complex. Mr. O’Connor stated they have six to eight licensed bartenders, however there was only one employee working the night of the violation. When the officer came in and asked for the employee’s bartender license, he did not have one so they shut down the café for the night. After the violation, that employee applied for a bartender’s license with the City of Brookfield so he is now licensed.

Alderman Mahkorn stated the Brookfield Indoor Soccer Complex has a great reputation and this appears to be an isolated incident; however, he noted the committee does not take violations lightly. He stated that at this time he is prepared to support a license.

Motion by Alderman Carnell, seconded by Alderman Meza to approve a Renewal Class B Beer/Liquor License to Brookfield Indoor Soccer Complex, 19485 W. Lisbon Road. Motion carried 5-0.

6. ADJOURNMENT Motion by Alderman Carnell, second by Alderman Meza to adjourn the meeting. Motion carried 5-0. Meeting adjourned at 7:38 p.m.

RESPECTFULLY SUBMITTED: KELLY MICHAELS, MMC, WMPC BROOKFIELD CITY CLERK

Legislative & Licensing Committee May 18, 2021 Pg 7 of 7

RESOLUTION #____ OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Renewal Class B Beer and Liquor License applicant with a Liquor Law violation: Uncle Julio’s

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of a Renewal Class B Beer and Liquor License applicant with a liquor law violation: Uncle Julio’s.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

Uncle Julio’s of Florida, Inc.; D/b/a: Uncle Julio’s 245 S. Moorland Road; Agent: Patty L. Weichal

Adopted by the Common Council this ______day of ______, 2021.

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

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OFFICE OF THE CITY CLERK Kelly Michaels, City Clerk Renee Tadych, Deputy City Clerk Mary Schulz CAP, Administration & Licensing Clerk Mai Chang, Office Services Asst/Election Specialist 2000 North Calhoun Road Brookfield, Wisconsin 53005-5095 (262) 782-9650 Fax (262) 796-6671

MEMORANDUM

Date: June 1, 2021 To: Legislative & Licensing Committee From: Mary Schulz CAP, Administration & Licensing Clerk Re: Class B Beer/Liquor License – with a violation

Uncle Julio’s: Liquor Law Violation – Unlicensed Bartender

3-2-2021 – Violation: No Licensed Bartender (City of Brookfield) 3-22-2021 - Disposition: Plead ‘No Contest’ – No Licensed Bartender; Paid $250

Note: The citation for the violation was given to Patty Weichal, General Manager, at the time of the violation. Eric Folmer was the agent listed on the alcohol license, however, he was no longer working at Uncle Julio’s at the time of the violation. Mr. Folmer appeared in court and plead ‘no contest’ and fined. Patty Weichal will appear before the committee to discuss the violation.

RESOLUTION #____ OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Renewal Class B Beer and Liquor License applicant with an agent with a violation: Andreas Protopapas

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of a Renewal Class B Beer and Liquor License applicant with an agent with a record: Andreas Protopapas.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

Crepalove, LLC; D/b/a: Vino Cappuccino 2848 N. Brookfield Road; Agent: Andreas Protopapas

Adopted by the Common Council this ______day of ______, 2021.

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

Page 1 of 1

MEMORANDUM

Date: June 1, 2021 To: Legislative & Licensing Committee From: Mary Schulz CAP, Administration & Licensing Clerk Re: Class B Beer/Liquor License – Agent with a violation

Vino Cappuccino: Agent – Andreas Protopapas

11-12-2015 – Violation: Disorderly Conduct/Domestic Abuse Incident (Town of Brookfield) 8-25-2016 – Disposition: Guilty – Disorderly Conduct/Domestic Abuse Incident (Waukesha County Circuit Court); Fine/costs paid in full; Defendant to provide DNA sample, if not yet provided, immediately if in custody otherwise within 3 business days at the Waukesha County Sheriff’s Department *The above violation did not appear when a background check was done last year in 2020* 4-5-2019 – Violation: Disorderly Conduct/Domestic Violence (City of Brookfield) 10-17-2019 – Disposition: Guilty - Due to Guilty Plea of Disorderly Conduct/Domestic Abuse; Sentencing: 1 day Jail, 1 day credit, Time Served, 20 hours community service, monitored thru WCS, to be completed within 1 year, alternate for non-compliance is 2 days jail, Fine $568.00, DNA Surcharge $200.00 (to be paid as a condition of probation), Defendant to provide DNA sample, if not yet provided, immediately if in custody otherwise within (3) business days at the Waukesha County Sheriff Department, All fines/fees to be paid within 30 days, alternate is a civil judgment 7-21-2020 – Legislative & Licensing Committee approved a Renewal Class B Beer and Liquor License to Vino Cappuccino 12-6-2020 – Violation: Battery/Domestic Abuse Incident/Domestic Abuse Repeater (City of Brookfield) 12-7-2020 – Charge issued 6-23-2021 – Motion Hearing date

PARTIAL MINUTES:

MINUTES OF A REGULAR MEETING OF THE LEGISLATIVE & LICENSING COMMITTEE HELD ON TUESDAY, JULY 21, 2020 AT 6:30 P.M. IN THE SELIGENSTADT (MAIN) CONFERENCE ROOM, 2000 NORTH CALHOUN ROAD, BROOKFIELD, WISCONSIN

ALDERMAN GARY MAHKORN* PRESIDING

MEMBERS PRESENT: Alderman Brad Blumer, Alderman Bill Carnell, Alderman Mark Nelson, Alderman Rick Owen (*Designates Chair)

OTHERS PRESENT: City Attorney Jenna Merten, Deputy City Clerk Renee Tadych

4. UNFINISHED BUSINESS a. Postponed Resolution regarding an applicant for a Renewal Alcohol License with a violation: Crepalove, LLC; d/b/a: Vino Cappuccino, 2848 N. Brookfield Road; Agent: Andreas Protopapas Andreas Protopapas explained the circumstances of the evening. The argument was with his fiancé who is now his wife. The argument was loud and the neighbor called the Police Department. Mr. Protopapas stated that when this went to court, the judge let it go. The Judge dropped everything. He doesn’t want to fight. He added that he operates his business to the “T” and he is good with the community. He cards everyone who looks 40 and under.

Alderman Mahkorn stated that the applicant has a reputable establishment and runs a good business. He felt there were different versions of what happened that night. Mr. Protopapas stated that he follows the law. He can’t have his establishment without his liquor license. Alderman Mahkorn stated he feels comfortable with granting a liquor license. The committee agreed.

Motion by Alderman Carnell, seconded by Alderman Owen, to approve the granting of a Renewal Alcohol License to Crepalove, LLC; d/b/a Vino Cappuccino, 2848 N. Brookfield Rd.; Agent Andreas Protopapas. Motion carried unanimously.

RESOLUTION #____ OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Original Bartender/Operator License for an applicant with a record: Joseph A. Porter

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of an Original Bartender/Operator License for the following applicant with a record: Joseph A. Porter.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

Adopted by the Common Council this ______day of ______, 2021.

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

Page 1 of 1

MEMORANDUM

Date: June 1, 2021 To: Legislative & Licensing Committee From: Mary Schulz CAP Administration & Licensing Clerk Re: Original Bartender/Operator License – with violations

Porter, Joseph A.: Westmoor Country Club

2-18-2015 – Violation: Possession of THC (Walworth County Sheriff) 4-12-2018 – Disposition: Guilty – Possession of THC (Walworth Circuit Court) Jail – 6 months; Consecutive to any other sentence and with Huber privileges. Defendant’s excess Huber funds be applied toward any and all outstanding restitution, fines/costs while serving his mandatory jail sentence. Probation – 1 year; No early termination of probation. Community Service – Complete 40 hours of community service within the first 10 months, without buyout option. Fine – Pay $500 fine plus costs. Payment is due within 30 days. If the defendant cannot make the payment, he must report to the Clerk of Courts Office to set up a payment plan. Failure to comply will result in other collection methods including a civil judgement and/or suspension of driver’s license. Costs – Provide biological specimen to state crime lab for DNA analysis and pay DNA analysis surcharge. Firearms/Weapons Restriction – Possess no weapons. Court Ordered Condition – No alcohol. No illegal drugs or drug paraphernalia. Not to operate a motor vehicle without a valid driver’s license. No contact with CI1127. Unknown Sentence Code – Counseling as recommended by probation agent. Alcohol Assessment – AODA assessment and follow through with recommendations. Court Ordered Condition – Obtain and maintain full time employment and/or school. Ordered, pursuant to WIS. Stats. Sec. 973.015, that upon successful completion of the sentence imposed with no violation of the rules of probation, the Clerk of Courts shall issue an order expunging the record.

NOTE: Applicant did not disclose violation on application.

RESOLUTION #____ OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Original Bartender/Operator License for an applicant with a record: Jonathan A. Weiss

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of an Original Bartender/Operator License for the following applicant with a record: Jonathan A. Weiss.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

Adopted by the Common Council this ______day of ______, 2021.

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

Page 1 of 1

MEMORANDUM

Date: June 1, 2021 To: Legislative & Licensing Committee From: Mary Schulz CAP Administration & Licensing Clerk Re: Original Bartender/Operator License – with violations

Weiss, Jonathan A.: Badger Burger

5-29-2016 – Violation: Operating While Suspended (Village North Prairie) 7-6-2015 – Disposition: Guilty – Operating While Suspended (Village North Prairie Municipal Court), Points = 3 6-27-2017 – Violation: Operating While Suspended, Accident (City West Allis) 8-7-2017 – Disposition: Guilty – Operating While Suspended (City West Allis Municipal Court), Points = 3 11-23-2017 – Violation: Operating While Suspended (Waukesha County) 1-3-2018 – Disposition: Guilty – Operating While Suspended (Waukesha County Circuit Court), Points = 3 3-7-2018 – Violation: Operating While Suspended (Village North Prairie) 3-23-2018 – Driver’s License suspended 367 days – Safety Responsibility – Driver (DOT action) 4-4-2018 – Disposition: Guilty – Operating While Suspended (Village North Prairie Municipal Court), Points = 3 4-9-2018 – Violation: Operating While Suspended; Operating While Registration Suspended (Village Big Bend) 4-29-2018 – Violation: Speeding Intermediate (11-19 over) Posted 25 over 14; Operating While Suspended; Operating While Registration Suspended (Village North Prairie) 5-2-2018 – Violation: Operating While Suspended, Operating While Registration Suspended (Village Big Bend) 5-14-2018 – Disposition: Guilty – Operating While Suspended; Operating While Registration Suspended (Village Big Bend Municipal Court), Points = 3 5-18-2018 – Driver’s License suspended 4 months – Driver Record (DOT action) 6-6-2018 – Disposition: Guilty – Speeding Intermediate, Posted 25 over 14; Operating While Suspended; Operating While Registration Suspended (Village North Prairie Municipal Court), Points = 4, Points =3 6-11-2018 – Disposition: Guilty – Operating While Suspended, Operating While Registration Suspended (Village Big Bend Municipal Court), Points = 3 9-11-2018 – Violation: Unregistered Vehicle, Operating While Suspended (City Waukesha) 10-10-2018 – Disposition: Guilty – Unregistered Vehicle, Operating While Suspended (City Waukesha Municipal Court), Points = 3 11-25-2019 – Violation: Operating While Suspended (Village Big Bend) 1-13-2020 – Disposition: Guilty – Operating While Suspended (Village Big Bend Municipal Court), Points = 3

NOTE: Applicant did not disclose violations on application.

H/WPP/Bartenders/GeneralCorrespondence/MemoBartwithViosWeissJonathaLL6-1-2021 Pg 2 of 2

RESOLUTION #____ OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Renewal Bartender/Operator License for an applicant with a record: Sharice A. Nelson

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of a Renewal Bartender/Operator License for the following applicant with a record: Sharice A. Nelson.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

Adopted by the Common Council this ______day of ______, 2021.

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

Page 1 of 1

MEMORANDUM

Date: June 1, 2021 To: Legislative & Licensing Committee From: Mary Schulz CAP Administration & Licensing Clerk Re: Renewal Bartender/Operator License – with violations

Nelson, Sharice A.: Krause Funeral Home

9-14-2016 – Violation: No Compulsory Insurance (City St. Francis) 11-14-2016– Disposition: Guilty – No Compulsory Insurance (City St. Francis Municipal Court) 6-29-2018 – Violation: Restrictions on Parking and Stopping (County Milwaukee) 8-6-2018 – Disposition: Guilty – Restrictions on Parking and Stopping (County Milwaukee Circuit Court) 10-15-2018 – Driver’s License suspended for 1 year – Failure to Pay Forfeiture (County Milwaukee Circuit Court) 11-6-2018 – Violation: Operating While Suspended, Unregistered Vehicle, No Compulsory Insurance (Mid Moraine Joint Municipal Court 12-29-2018 – Violation: Operating While Suspended (County Ozaukee) 1-23-2019 – Disposition: Guilty – Operating While Suspended, Unregistered Vehicle, No Compulsory Insurance (Mid Moraine Joint Municipal Court), Points = 3 1-28-2019 – Violation: Operating While Suspended, Accident - Property Damage (County Ozaukee) 2-13-2019 – Disposition: Guilty – Operating While Suspended – Driver’s License suspended for 6 months (County Ozaukee Circuit Court), Points = 3 2-20-2019 – Violation: Operating While Suspended, No Compulsory Insurance, Unregistered Vehicle (Mid Moraine Joint Municipal Court) 3-13-2019 – Disposition: Guilty – Operating While Suspended – Driver’s License suspended for 6 months (County Ozaukee Circuit Court), Points = 3 4-18-2019 – Driver’s License suspended for 271 days – Failure to Pay Forfeiture (County Ozaukee Circuit Court) 4-24-2019 – Disposition: Guilty – Operating While Suspended, No Compulsory Insurance, Unregistered Vehicle (Mid Moraine Joint Municipal Court), Points = 3 4-30-2019 – Points Warning Letter 5-6-2019 – Driver’s License suspended for 15 days – Failure to Pay Forfeiture (County Ozaukee Circuit Court) 5-15-2020 – Driver’s License reinstated 9-3-2020 – Violation: Failure to Obey Traffic Sign or Signal (City Oak Creek) 10-6-2020 – Disposition: Guilty – Failure to Obey Traffic Sign or Signal (City Oak Creek Municipal Court), Points = 3 10-8-2020 – Right of Way Threat Letter 2-24-2021 – Right of Way Reminder Letter 3-16-2021 – Right of Way School

NOTE: Original application, submitted on November18, 2019, was a 2018 version. Applicant did not list traffic violations as questions pertained to alcohol or drug violations (see attached Original application)

H/WPP/Bartenders/GeneralCorrespondence/MemoRenewalBartwithViosNelsonShariceLL6-1-2021 Pg 2 of 2

RESOLUTION #____ OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Renewal Bartender/Operator License for an applicant with a record: Gregory K. Schultheis

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of a Renewal Bartender/Operator License for the following applicant with a record: Gregory K. Schultheis.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

Adopted by the Common Council this ______day of ______, 2021.

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

Page 1 of 1

MEMORANDUM

Date: June 1, 2021 To: Legislative & Licensing Committee From: Mary Schulz CAP Administration & Licensing Clerk Re: Renewal Bartender/Operator License – with violations

Schultheis, Gregory K.: Westmoor Country Club

6-6-2016 – Violation: Speeding Intermediate (11-19 over) Posted 30 over 15 (Village River Hills) 6-29-2016– Disposition: Guilty – Speeding Intermediate Posted 30 over 15 (Village River Hills Municipal Court), Points = 4 8-4-2019 – Violation: Operating While Intoxicated, Blood Alcohol Content (County Washington) 9-3-2019 – Disposition: Guilty – Blood Alcohol Content - Driver’s license suspended for 6 months (DOT action) 11-1-2019 – Disposition: Guilty – Operating While Intoxicated – Driver’s License revoked for 6 months (County Washington Circuit Court), Points =6 3-2—2020 – Driver’s License reinstated 3-14-2020 – Point Reduction School

NOTE: L&L approved a Renewal Bartender/Operator’s License on July 16, 2019 for the 2019-2021 license year.

RESOLUTION #______OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Original Class B Beer and C Wine License: H.S. Products, LLC, D/b/a: Had’s Indian Cuisine

WHEREAS, the Legislative & Licensing Committee of the City of Brookfield has recommended of an Original Class B Beer and C Wine License for the following applicant who has met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the license.

H.S. Products, LLC; dba: Had’s Indian Cuisine 2345 N. 124th Street; Agent: Hardeep Singh

Adopted this by the Common Council this day of , 2021

Approved:

Mayor Steven V. Ponto

Attested:

Kelly Michaels, City Clerk

Page 1 of 1

RESOLUTION #______OF THE CITY OF BROOKFIELD, WISCONSIN

Committee: Legislative & Licensing Public Hearing: n/a Committee Date: June 1, 2021 Council Date: June 15, 2021 Committee Action: Council Action:

Renewal Alcohol Licenses

WHEREAS, the Legislative & Licensing Committee of the City of Brookfield has recommended of Renewal Alcohol Licenses for the following applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to the licenses.

CLASS A BEER & LIQUOR

Bar Stars Bartending Service LLC;D/b/a: Bar Stars Bartending Service 200 S. Executive Drive, #101; Agent: Janine Y. Rajchel

Danielle’s Deli LLC; D/b/a: Danielle’s Deli 15655 W. North Avenue; Agent: Danielle N. Glavin

Target Corporation; D/b/a: Target Store T-2780 12725 W. Bluemound Road; Agent: Kelsey L. Karnopp

Wisconsin Fine Wines & Spirits, LLC; D/b/a: Total Wine Spirits Beer & More 17300 W. Bluemound Road, Suite 200; Agent: Scott G. Busche

Trader Joe’s East, Inc.; D/b/a: Trader Joe’s #726 12665 W. Bluemound Road; Agent: Jeffrey J. Clark

Sukh Corporation; D/b/a: Westbrook Beverage Center 13430 W. Greenfield Avenue; Agent: Surhpreet Kaur

Cost Plus, Inc.; D/b/a: World Market 625 Main Street; Agent: Cynthia Sayles-Albers

CLASS C WINE

The Jar, Inc; D/b/a: The Jar 200 N. Moorland Road; Agent: Tami G. Swanto

CLASS B BEER

North Central Management Inc.; D/b/a: Brookfield Conference Center 325 S. Moorland Road; Agent: Carl J. Allen

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