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Home My WebLink About31939 / 82-02JUNE 10, 1982 (CARRIED LOST LAID OVER #a RESOLUTION WITiiDRAWN ) WHEREAS, applications for licenses have 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 license be granted: COMBINATIQN CLASS "B" LICENSE (EXPIRES: JUNE 0, 1983) NAME AND ADDRESS: LOCATION OF PREMISE5: Judy's Gin Mill. . . . . . . . . . 1029 S. Main Street Ronald Hebert, 1831 Plymouth Street - 2 - �- - / _ � Y / / � ��1. ��,-�'�i '' " \ l INSTRUCTIONS The City Council, having acted as a licensing body pursuant to Section �, 176.05 (8) of the Wisconsin Statutes and in the consideration of the charges levied against the license holder; the Council having heard testimony presented by both the City and the license applicant; hereby determines that the weight of the evidence presented at this Hearinq �or(is not sufficientlto deny the license renewal applica- tion of JUDY'S GIN MILL, Ronald Hebert, Jr., 619 West New York Avenue, Oshkosh, Wisconsin, license holder. I therefore move that the application for the license of JUDY'S GINF MILL, Ronald Hebert, Jr., 619 West New York Avenue, Oshkosh, Wisconsin, license holder is hereby approved/dea-ied. If the motion to deny is made, the reasons for the denial should be made part of the motion. I further move that the City Clerk be directed to attach a copy of his minutes of the Hearing, together with this motion, to the iicense appli- cation and keep said motion, application and minutes on file with the IRlnutes o£ this meeting.- . � � � PRotion: made by Kutchera, seconded by Teichmiller Carried: Ayes (6) Noes (1) COUNCIL PROCEEDINGS Proceedings o� the Common Council of the City of Oshkosh, Wisconsin. SPECIAL MEETING held June 10, 1982 at 7:00 p.m. Present: Council Members Chapin, Hulsebosch, Kutchera, Mather, Propp, Teichmiller, Pung. The Mayor stated the Special Meetiag was ca2led for a Public Hearing on the issuing of a Combination Class "B" License to Judy's Gin Mill, 1029 S. Main Street. City Attorney John Pence read his opening statement: The reason for this Hearinq tonight is that the City Council, upon review of the police reports submitted to it, has refused to approve the application for renewal of the license for Judy•s Gin Mill, Ronald Hebert, Jr., 619 W. New York AVenue, Oshkosh, Wisconsin, license holder. Pursuant to Wisconsin Statutes, Section 176.05(8}, which requires that any applica�ion for a license which is in existence at the time of the annual license meeting may only be reje�ted if there is a statement on the Clerk's minutes stating the reasons for said rejection. The United States District Court for the Eastern District of Wisconsin has defined an exzstinq license which is sought for re-application to consist of a property right and a d2nial of sante requires the qranting, to the holder of said license, a due process-type hearing with the folZowing minimal requirements. 1. Notice of charges upon which denial af the Zicense is predicated. 2. An opportunity to respond to and challenge such charges. 3. An opportunity to present witnesses under oath. 4. An opportunity to confront and cross-examine opposing witnesses under oath. 5. The opportunity to have a verbatim, written transcript made upon his own initiative and expense. 6. That the conclusions made by the hearing body must be upon the evidence adduced at the hearing. Therefore, in the instance of the consideration or denial of the license to Judy's Gin Mill, Ronald Hebert, Jr., 619 W. New York Avenue, Oshkosh, Wisconsin, the Council has refused to approve the license application based upon police reports, and said re- ports make the basis of the charges herein. The charges were drafted, a Notice of Hearing was served on the said agent for Judy's Gin Mill (RonaZd Hebert., Jr.); said Notice infromed the individuals of the riqht to have a due process - 2 - hearing, set �orth the charges and stated his right to respond to and cross -examine witnesses. An offer was further made to furnish subpoenas to said license holder for the purpose of com- manding witnesses to appear on his behalf. Said 2icense holder was further notified of the right to have a verbatim, written transcript made of the hearing if he was willing to sustain the cost. The Hearinq will now oroceed with the chief of Police, Donald Utecht, coming forward to present nis testimony. I would request the City Clerk to administer an oath to the Chief of Police and to all succeeding witnesses, whether they be on behalf of the City or on behalf of the applicant. Mr. Pence noted that Mr. Ronald E. Hebert, Jr., the defend- ant and his Attorney, Mr. John Kelly, I Pearl Avenue, Oshkosh, were present. He noted one police report on July 27, 1981, for being "open after hours" which carried a fine. He also said he had subpoenaed Clayton Wehlman and Kenneth Monroe, signers on the neighborhood petition. The Chief of Police, Donald Utecht, was called and sworn in by the City Clerk. Complaint and charges served on the de- fender on May 26, 1982 by a Police Officer was marked at Exhibit #1. There were no objections. Attorney Pence reiterated the charges in the com- plaint and Mr. Utecht described each. Only one, #146789 on July 27, 1981 {open after hours) carried a fine which was paid. He said after the petition was filed, the office had a few complaints. It appeared most of the complaints were for areas out- side the tavern and outside after tavern closings. Attorney Kelly said there were 16 complaints since July 1, 1981, and the Chief of Police answered the number is a little excessive, but some are unfounded. Through the Chief's testimony it was determined that prior to July 1, 1981 there were complaints of people running across lawns; there have been no complaints of under age serving or, prostitution. one of the neighbors last June (1981) had damage done to his back yard and scuffed with intruders. It was affirm- ed that recently Ronald Hebert met with the Chief for his advice in running his business and for better relationship with the neighborhood. Mr. Clayton A. Wehlman, 34 W. 12th Avenue, was called and sworn in by tne City Clerk. Attorney Pence verified that he was the circulator of the petition in the surrounding neighbozhood. He asked concerning the six reasons listed on the petition. On call to the Police Department during occurrences, it noted by Mr. Wehlman that when the police arrive, the violators have already left. Upon questioning by Attorney Kelly, Mr. Wehlman said - 3 - he made calls to the Police a minimun of ten times. He has not talked directly to Ronald Hebert. Mr. Kenneth Monroe, 20 W. llth Avenue, was called and sworn in by the City Clerk. Attorney Pence veri£ied that he was a signer of petition and detailed the reasons listed on the petition. NIr. Nlonro related his own experience "patrons" of the tavern looking in his windows then cominq into his home, which, he said, led their arrest. Recess. the �oith and to Upon returning from recess, the Defense Attorney John Kelly called his first witness, Mr. Robert A. Ashland, 1027 S. Main Street (above the tavern) who was sworn in by the City Clerk. He said he lives upstairs and does not find the noise • excessive. Ae was also asked by Attorney Kelly to ask this of the only other tenant, an 87 year old Mrs. Ida Oestreich and she is not aware of excessive noise or disturbances. Mr. Ronald E. Hebert, Jr. (1029 S. Main Street, Judy's Gin Mill Operator) 619 W. New York Avenue, was call and was sworn in by the City Clerk. Being questioned he said he is married, has two boys, ages 2 and 5; and this is their sole support. He has no knowledge of the fireworks incident (#5 in the charges), nor had he been aware of the neighborhood disturbances as they had not contacted him as far as the crowd is concerned, he has now posted signs de- signating no drinks should be consumed outside, no noise in the coming and going, and no loud congestion at the bar. His clientele come from all walks of life; and he does have motorcycle riders, but not all belong to a club. He has non-stop music, with four speakers and is run a little more than average volume. In answer to Attorney Pence, Mr. Hebert stated he leases the entire buildinq and rents out the two apartments. Upon being questioned by the Council, Mr. Hebert indicated he tended his'own bar afternoons and on Monday evenings and that he was in and out throughout the rest of the week. At this point both Attorneys summed up their cases, the Council had no more questions, and a decision was in order. Council Member Kutchera stated the following: The Council, having acted as a licensing body pursuant to Section 176.05(S) of the Wisconsin Statutes and in the consideration of - 4 - the charges levied against the license holder; the Council having heard testimony presented by both the City and the License applicant; hereby determines that the weight of the evidence presented at the Hearing is not sufficient to deny the license renewal application of Judy's Gin Mill, Ronald Hebert, Jr., 619 W. New York Avenue, Oshkosh, Wisconsin, license holder. I therefore move that the application for the license of Judy's Gin Mill, Ronald Hebert, Jr., 619 W. New York Avenue, Oshkosh, Wisconsin, license holder is hereby approved. If the motion to deny is made, the reasons for the denial should be made part of the motion. 2 further move that the City Clerk be directed to attach a copy of his minutes of the xearinq, together with this motion, to the license application and keep said motion, application and minutes on file with the minutes of this meeting. Motion made by Council Member Kutchera, seconded by Council Member Teichmiller. Motion made by Council Member Hulsebosch, that there is sufficient evidence and the license should be denied. Lost: No Second. Carried: Ayes (6) Chapin, Kutchera, Mather, Propp, Teich- miller, Pung. Noes (1) Hulsebosch. Resolution to Approve Appointments, to various boards. Motion made by Council Member Mather, seconded by Council Member Chapin, to Adopt. Carried: Ayes (7) CHapin, Hulsebosch, Kutchera, Mather, Propp, Teichmiller, Pung. Motion made by Council Member Teichmiller, seconded by Council Member Chapin, to Adjourn. Carried by Acclamation. Meeting adjourned at 9:40 p.m. CONVERSE C. MARKS, CITY CLERK N � ° �� tl � 0 .� � � � •�i a c� .� .ii VA • U 'U� N N �7 +� oi `� S2� N •.��I FC q � O U . +�•�� , a � O= N �.� W o �J c ,—( '� rl N . O �I r-I m rt� fxV� N� � ..� .4 U � � � O U � � � A O N N U � � � O -� �� N N U ro . a�i � � H J-� � � � x � � � +� rl RS -�-I N •�-i .� D N O � +.� a, C a 7 �� N O .0 � U • U U N •rl 'O ul U rl N ?i O •� •�I .R .4 W N � N w ,.q m N N � J� '6 � x ul C A C �.� rt O O N N N� N .1 }, U � U1 +� a��o o v� a�.� o � ,� +� �s u, z � 77 � � � U1 N �z° � � N � .� Fa N U �� N � m � 0 � N � � h �,!' _� x 3� � � �� U � -� U