HomeMy WebLinkAbout09-226.docJUNE 23, 2009 09 -226 RESOLUTION
(CARRIED 5 -2 LOST LAID OVER WITHDRAWN )
PURPOSE: RENEWAL OF ANNUAL CITY LICENSE
INITIATED BY: CITY CLERK
WHEREAS, an application for a license has been made, fees deposited, and all legal
procedures have been taken as per Ordinance of the City of Oshkosh,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the following licenses be granted:
RENEWAL
COMBINATION "CLASS B" LICENSE
(JULY 1, 2009 thru JUNE 30, 2010)
NAME AND ADDRESS: LOCATION OF PREMISES:
O'BRIAN'S (Lewtag, LLC.) ............................... ............................686 N. Main Street
Agent: James Ostertag, 744 Mt. Vernon Street
CITY OF OSHKOSH
NOTICE OF RECOMMENDATION TO NONRENEW
ALCOHOLIC BEVERAGE LICENSE
LEWTAG, LLC (James G. Ostertag)
686 North Main Street, Oshkosh, WI 54901 (O'Brian's)
744 Mount Vernon St., Oshkosh, WI 54901 (James G. Ostertag)
You are hereby notified that the Chief of Police for the City of Oshkosh has declared his
intention to recommend to the Common Council for the City of Oshkosh that it not renew the
Combination "Class B" Fermented Malt Beverage & Intoxicating Liquor License of LEWTAG,
LLC (James G. Ostertag) for the property located at 686 North Main Street and commonly
known as O'Brian's for the following reasons:
1. That LEWTAG, LLC (James G. Ostertag) is the current license holder of the
Combination "Class B" Fermented Malt Beverage & Intoxicating Liquor License
issued for the premises commonly known as O'Brian's.
2. As provided in Section 125.12(3), Wis. Stats., a municipality issuing licenses under
Chapter 125, Wis. Stats., may refuse to renew a license for the reasons provided in
Section 125.12(2)(ag), Wis. Stats.
3. As provided in Section 125.12(2)(ag), Wis. Stats., a municipality issuing licenses
under Chapter 125, Wis. Stats., may refuse to renew a license to any person who
keeps or maintains a disorderly or riotous, indecent or improper house.
4. That LEWTAG, LLC (James G. Ostertag) keeps or maintains a disorderly or riotous,
indecent or improper house as demonstrated by:
A. The high volume of calls to the Oshkosh Police Department for service at
O'Brian's during the past year (July 1, 2008 through June 30, 2009).
B. The discovery of multiple licensed premises violations as a result, of an
inspection conducted on or about March 26, 2009 by the Wisconsin
Department of Revenue and City of Oshkosh Police Department:
(1) Failing to break and/or deface liquor bottles when empty
(2) Refilling liquor bottles (multiple counts)
(3) Unauthorized liquor on the premises
(4) Unauthorized tobacco on the premises
(5) Unauthorized pull tab /gambling tickets on the premises
(6) Contaminated liquor
The discovery of the multiple licensed premises violations set forth
hereinabove resulted in a pending recommendation to the Winnebago
County District Attorney for criminal charges.
You are further notified that the Common Council for the City of Oshkosh will act upon your
application for a Combination "Class B" Fermented Malt Beverage & Intoxicating Liquor
License as well as the recommendation of the Chief of Police that it not renew said license at the
Common Council meeting on Tuesday, June 23, 2009 at 6 p.m. in Room 406 of City Hall, 215
Church Avenue, Oshkosh, Wisconsin. You will be afforded the opportunity to address the
Common Council in regard to this matter at that time. If you choose, you may have a
representative of your choice appear on your behalf. You may also request or subpoena
witnesses to testify on your behalf. If you desire to subpoena witnesses, subpoenas will be
issued by the Mayor and can be secured from the City Clerk. Finally, should you choose, you
may withdraw your application prior to the Common Council meeting by written request
submitted to the City Clerk.
Dated this 11th day of June, 2009.
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