HomeMy WebLinkAbout01. 15-46
R E V I S E D
FEBRUARY 10, 2015 15-46 RESOLUTION
(CARRIED______LOST __0-7____LAID OVER _____WITHDRAWN _______)
PURPOSE: APPROVE REVOCATION OF COMBINATION “CLASS B” LICENSE –
TH
TIMBUKTU (129 W 17 AVENUE)
INITIATED BY: CITY CLERK
WHEREAS, a Complaint has been filed against the below named Licensee under
Chapter 125 of the Wisconsin Statutes and applicable City ordinances and policies pertaining
to the issuance of licenses under that Chapter, and
WHEREAS, a hearing was held before the Council on February 10, 2015 and the
Council has considered all of the testimony and exhibits presented.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the following license is hereby revoked:
COMBINATION “CLASS B” LICENSE
(JULY 1, 2014 thru JUNE 30, 2015)
NAME AND ADDRESS: LOCATION OF PREMISES:
th
TIMBUKTU………………….………………………………………………..129 W. 17 Avenue
Gayle Savka, 528 Grove Street
BE IT FURTHER RESOLVED that the City Clerk for the City of Oshkosh is hereby
directed to give notice of this revocation to the Licensee.
Indicates Revision
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkos 5 903-1130 City of Oshkosh
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TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorn �
DATE: February 5, 2015
RE: Revocation Hearing — Gayle Savka for premises locafed at 129 W. 17tn
Avenue — commonly known as Timbuktu's
Attached to this memorandum is an outline for a procedure regarding the liquor license
revocation hearing on the Complaint filed by City Manager Rohloff against Gayle Savka
for premises located at 129 W. 17t" Avenue and commonly known as Timbuktu's. Also
attached is a draft version of Findings of Fact and Conclusions of Law which the Council
may use as a basis for its findings pertaining to the license hearing.
The attached Findings of Fact and Conclusions of Law and proposed motion are drafts
only and may be modified by the Council as evidence may indicate. They are simply
intended to provide the Council with an initial framework from which to proceed.
tJ
BEFORE THE COMMON COUNCIL
OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCDNSIN
Mark A. Rohloff,
,Complainant
vs. SUMMONS
Gayle Savka, d/b/a Timbuktu
528 Grove Street, Oshkosh, Wisconsin, 54901
For premises located at: 129 W. 17th Avenue, Oshkosh, Wisconsin
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
TO: Gayle Savka, d/b/a Timbuktu
528 Grove Street, Oshkosh, Wisconsin, 54901
For premises located at: 129 W. 17th Avenue, Oshkosh, Wisconsin
YOU ARE NOTIFIED that the complainant named above has filed a complaint against
you, pursuant to Section 125.12 of the Wisconsin Statutes and municipal regulations
adopted pursuant to Section 125.10 of the Wisconsin Statutes. The complaint, which is
also served on you, states the nature and basis of the action.
------ YOU-ARE-SUMMONED-to appear at a-hearing to be-held before-the-Common------ -
Council on the 10th day of February, 2015 at 6:00 p.m. in Room 406, City Hall, 215
Church Avenue, Oshkosh, Wisconsin, and show cause why your license should not
be revoked or suspended. -
YOU ARE FURTHER NOTIFIED that you may have an attorney help or represent you
at your own expense. Both you and the complainant have the right to testify and are then
subject to cross-examination. Both you and the complainant have the right to subpoena
witnesses to testify on your behalf who are subject to cross-examination. If you desire to
subpoena witnesses, subpoenas will be issued by the Mayor of the City of Oshkosh and can
be secured from the Office of the City Clerk. Evidence at the hearing will consist of sworn
testimony and any relevant exhibits presented to the Common Council. A written transcript
of the hearing will be provided at your expense.
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YOU ARE FURTHER NOTIFIED that if the Common Council finds the complaint to be
true, your license shall be suspended for not less than 10 days nor more than 90 days or
revoked. If the Council finds the Complaint untrue, the proceeding will be dismissed
without costs. Judicial review of the findings of the Common Council is set forth in Section
125.12(2)(d) of the Wisconsin Statutes.
Dated at Oshkosh, Wisconsin, thi�t�� day of February, 2015.
� , � �. - i
�
Pamela R. Ubrig, City Clerk J
(SEAL)
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BEFORE THE COMMON COUNCIL
OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
Mark A. Rohloff,
Complainant
vs. COMPLAINT
Gayle Savka, d/b/a Timbuktu
528 Grove Street, Oshkosh, Wisconsin, 54901
For premises located at: 129 W. 17th Avenue, Oshkosh, Wisconsin
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
The undersigned, Mark A. Rohloff, a resident of the City of Oshkosh, Winnebago
County, Wisconsin, hereby complains as follows:
1. That Gayle Savka is the current the license holder of the Combination "Class B"
Fermented Malt Beverage & Intoxicating Liquor License issued for the premises
located at 129 W. 17th Avenue in the City of Oshkosh, Wisconsin.
2. That Gayle Savka 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 revoke a
license for the causes provided in subsection 125.12(2)(ag) Wis.
Stats.
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 4-5GRANTING 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
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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 Gayle Savka has failed to complete the requirements for
issuance of a license for the 2014-2015 license year even though such
license was granted because the premises did not pass building and
fire inspections. Therefore, no license was issued by the City Clerk's
office for the 2014-2015 license year for the property located at 129
W. 17th Avenue.
E) That Gayle Savka has failed to conduct a license-related business on
the premises for which the license was granted, since January 13,
2014.
F) That Gayle Savka is in violation of the provisions of section 4-5(A) of the
Oshkosh Municipal Code.
3. That your Complainant is the City Manager for the City of Oshkosh and that the
allegations contained within this Complaint are based upon the official records kept
in the Office of the City Clerk for the City of Oshkosh.
THEREFORE, your complainant respectfully requests that the Common Council of the
City of Oshkosh, Winnebago County, Wisconsin revoke the license of the respondent, Gayle
Savka, for the premises commonly known as Timbuktu, located at 129 W. 17th Avenue, City
of Oshkosh, Wisconsin.
Dated this �� day of February, 2015.
a� ���
rk A. Rohloff
Subscriu�d and Sworn to before me
th�s :2.na day of February, 2015.
��c�J�—r- �t. �Gt�2��
Notary F'ublic, Winnebago County, Wisconsin
My Commission expires/is : ��rr�e„ I�, �.O��O
2
, CERTIFICATE OF SERVICE
►
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
I certify that at the City of Oshkosh in Winnebago County at ��.; 5� (a.m./p�.) on the
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�` day of February, 2015,
I served the within
Summons and Complaint for a Liquor License Hearing for Mark A. Rohloff vs. Gayle Savka
d/b/a Timbuktu, for premises located at 129 W. 17th Avenue, Oshkosh, WI
On: � � '�� ,_ , �� --:�'�
,
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A. By personally giving it to: �� + ' '�
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Address: ��-'�v ,'= --^ { `j�- �;—==' _ '� � �j - '��
v'u�2_- > >�
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B. By serving�' , a family member purported to be at least 14
years of age, after reasonable and diligent search.
C. By giving it to:
a representative or agent of:
Address
Description: Age��!Sex 1� _ Race�pL Height �� Weight�`�Hair B�d Beard Nb Glasses �d
Non-Service: After due search, careful inquiry and diligent attempts as the address(es) listed above, I
have been unable to effect process upon the person/entity being served because of the following:
❑ Unknown at Address ❑ Moved, Left no Forwarding ❑ Service Cancelled by Litigant �
❑ Unable to Serve in Timely Fashion ❑ Address Does Not Exist ❑ Other
Service Attempts: Service was attempted on: (1) (2)
Date Time Date Time
(3) (4) �5)
Date Time Date Time Date Time
I hereby certify that at the time of said service, I endorsed the date of service, my name, and official title
on copy so served.
OSHKOSH POLICE DEPARTMENT
By: �o���F dF��c.,� �
Name: �� ��'� k�N I�
DRAFT VERSION of FINDINGS of FACT and CONCLUSIONS of LAW
This draft of Findings of Fact and Conclusions of Law is based upon the allegations
contained within the Complaint and would be applicable if the Council determines that the
evidence at the hearing supports the conclusion that Gayle Savka has failed to conduct a
license-related business upon the premises located at 129 W. 17th Avenue in the City of
Oshkosh for one year or longer.
If the Council determines that the evidence does not support the allegations in the
complaint, then the Council should dismiss the Complaint upon that finding.
BEFORE THE COMMON COUNCIL
OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
Mark A. Rohloff,
Complainant
vs. FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DETERMINATION
OF COUNCIL
Gayle Savka, d/b/a Timbuktu
528 Grove Street, Oshkosh, Wisconsin, 54901
For premises located at: 129 W. 17th Avenue, Oshkosh, Wisconsin
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Findings of Fact, Conclusions of Law and Determination of the City Council for the City of
Oshkosh:
This matter coming before the Council on February 10, 2015.
Findings of Fact/ Conclusions of Law:
1. That a sworn complaint was filed by Mark A. Rohloff, a resident of the City of
Oshkosh, on February _, 2015, alleging that Gayle Savka does not possess the
qualifications required under Wisconsin Statutes Chapter 125 and the City of
Oshkosh Municipal Code to hold a license.
2. That the Licensee, was served with the Complaint and Notice of Hearing before
the Common Council on February , 2015 and provided an opportunity for
hearing before the Common Council for the City of Oshkosh on February 10,
2015 at 6:00 p.m. or as soon thereafter as the matter could be heard, all
pursuant to the provisions of Section 125.12(3) of the Wisconsin Statutes.
That appeared in person before the Council.
That appeared on behalf of the Respondent,
Gayle Savka before the Council.
3. That Gayle Savka 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 revoke
a license for the causes provided in subsection 125.12(2)(ag) Wis.
Stats.
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.
3. That Gayle Savka has failed to conduct a license-related business on the
premises for which the license was issued for more than one (1) year prior to
today's date in violation of the provisions of section 4-5(A) of the Oshkosh
Municipal Code.
Based upon these findings of fact and conclusions of law the Combination "Class B"
Fermented Malt Beverage & Intoxicating Liquor License issued to Gayle Savka is hereby
revoked and the City Clerk is directed to give notice of revocation to the Licensee.
Dated this day of February, 2015
Mayor Burk Tower