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Home My WebLink About25. 13-358 JULY 23, 2013 13-323 13-358 PENDING JUNE 25, 2013 RESOLUTION (CARRIED_______LOST __1-6_____LAID OVER _______WITHDRAWN _______) PURPOSE: APPROVAL OF COMBINATION “CLASS B” LICENSE – THE SPOT 25 & OLDER LOUNGE / 2939 JACKSON STREET 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: COMBINATION “CLASS B” LICENSE (JULY 23, 2013 thru JUNE 30, 2014) NAME AND ADDRESS: LOCATION OF PREMISES: THE SPOT 25 & OLDER LOUNGE (Landmark Lounge, Inc)...............2939 Jackson Street Agent: Joshua Last, 1930 ½ W Wisconsin Avenue, Appleton Resolution 13-358 NOTICE OF REOPENING OF HEARING PERTAINING TO INTENTION TO NOT RENEW LIQUOR LICENSE Landmark Lounge, Inc., d/b/a The Spot 25 & Older Lounge 2939 Jackson Street, Oshkosh, Wisconsin Joshua J. Last, Agent 19301/2W. Wisconsin Avenue, Appleton, WI 54914 Robin Madrid, 817 6th Street, Menasha, WI 54952 Russell A. Hassell, 9601 SE 145 Place, Summerfield, FL 34491 Hassell Living Trust, Russell A & Yvonne Hassell, 1032 S. Westland Drive, Appleton, WI 54914 Pursuant to the direction of the Common Council for the City of Oshkosh you are hereby notified that the Common Council for the City of Oshkosh has declared its intention to not renew the license of Landmark Lounge, Inc. for property located at 2939 Jackson Street and commonly known as The Spot 25 & Older Lounge for the following reasons: 1. That Landmark Lounge, Inc. is the current the license holder of the Combination "Class B" Fermented Malt Beverage & Intoxicating Liquor License issued for The Spot 25 & Older Lounge located at 2929 Jackson Street. The current agent is Joshua J. Last, whose address is believed to be 1930 '/2 W. Wisconsin Avenue, Appleton, WI 54914. The property owner is believed to be Hassell Living Trust, Russell A & Yvonne Hassell, 1032 S. Westland Drive, Appleton, WI 54914 also listed for contact purposes in relation to this license as Russell A. Hassell, whose address is believed to be 9601 SE 145 Place, Summerfield, FL 34491. Ms. Robin Madrid, whose address is believed to be 817 6th Street, Menasha, WI 54952 has indicated that she is the mother of Joshua J. Last and is an additional contact person for this license. 2. That Landmark Lounge, Inc., d/b/a The Spot 25 & Older Lounge does not possess the qualifications required under Chapter 125 Wis. Stats. to hold the license, as follows: A) That pursuant to section 125.12(3) a municipality may refuse to renew a license for the causes provided in subsection 125.12(2)(ag) Wis. Stats. 1 B) That one of the causes specified in subsection 125.12(2)(ag) Wis. Stats. is that the person has violated the provisions of Chapter 125 Wis. Stats. or a municipal regulation adopted under section 125.10 Wis. Stats. C) That the City of Oshkosh has adopted the following provision pursuant to the authority granted under section 125.10 Wis. Stats.: SECTION 4-5 GRANTING OF LICENSES: HEARING Opportunity shall be given by the Common Council to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license. Each license shall be numbered in the order in which issued, and shall state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee. (A) Required use of License. Failure to complete the requirements for issuance of a "Class B" or Class "B" license though such license has been granted by the Common Council and/or failure to conduct a license-related business on a premises for which a license shall be issued for any one year period shall be a violation of this chapter punishable by revocation of the license only. D) That Landmark Lounge, Inc., d/b/a The Spot 25 & Older Lounge has failed to conduct a license-related business on the premises for which the license was issued for at least one year in violation of the provisions of section 4-5(A) of the Oshkosh Municipal Code. The Common Council for the City of Oshkosh held a hearing on this matter on June 25, 2013 at 6:00 p.m. and will reopen and continue this hearing at its regular meeting on July 23, 2013 at 6:00 p.m. or as soon thereafter as the matter may be heard, pursuant to the provisions of Section 125.12(3) of the Wisconsin Statutes. The hearing will be held in the Common Council Chambers located in Room 406 of the City Hall, 215 Church Avenue in the City of Oshkosh. You may appear before the Council at that time and present testimony and any evidence that you wish the Council to consider when making its decision. You may have an attorney help you or represent you at your own expense if you so choose. Dated this 18th day of July, 2013. ----, - - I __, 4 7 - ' n Sco:L__, _ ,, , u Pamela R. Ubrig, City lerk (-) 2 AFFIDAVIT OF MAILING STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) PAMELA R. UBRIG, BEING FIRST DULY SWORN ON OATH, DEPOSES AND SAYS SHE IS CITY CLERK EMPLOYED BY THE CITY OF OSHKOSH; THAT SHE MAILED A TRUE AND CORRECT COPY OF THE NOTICE OF REOPENING OF HEARING PERTAINING TO INTENTION TO NOT RENEW LIQUOR LICENSE BY REGULAR MAIL SECURELY ENCLOSED IN AN ENVELOPE WITH POSTAGE PAID THEREON AND ADDRESSED TO: JOSHUA J. LAST 1930 % W. WISCONSIN AVENUE APPLETON WI 54914 ROBIN MADRID 817 6TH AVENUE MENASHA WI 54952 RUSSELL A. HASSELL 9601 SE 145 PLACE SUMMERFIELD FL 34491 HASSELL LIVING TRUST RUSSELL & YVONNE HASSELL 1032 S WESTLAND DRIVE APPLETON WI 54914 SUBSCRIBED AND SWORN TO BEFORE ME THIS 18TH DAY OF JULY, 2013. ,\ NOTARY PUBLIC, WINNEBAGO COUNTY, WI MY COMMISSION EXPIRES: 2/1 2(2017 P. 1. * * * Communication Result Report z�IlD°w 11 :58AM ) * * * 1) OSHKOSH FINANCE Date/Time : Feb. 11. 2000 11 : 56AM File Page No. Mode Destination Pg (s) Result Not Sent 1263 Memory TX 919207343173 P. 3 OK Reason for error E. 1) Hang up or 1 i ne fa l 1 E. 2) Busy E. 3) No a n s w e r E. 4) N o f a c s i m i l e c o n n e c t i o n E. 5) Exceeded max. E—ma i1 size E. 6) Destination does not support IP—Fax• ,;O • CITY OFOSHImSH 215 Chuck Avenue PO Box 1130 - OJHKDJH . • oshicos,WI 5003-1130 • . FAX MESSAGE TRANSMISSION • Oat= • Too dam 3 r-� -alacir.6 • Fax Number. ott f '41r 3 (� 11�J -From; Q) PhoneNmnbec. 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