HomeMy WebLinkAbout31414 / 81-04�
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MAY 21 1987- # 28 RESOLUTION
WFIEREAS, applications for licenses have been made, fees
deposited, and all legal procedures have been taken as per
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NOW, THEREFORB, BE IT RE50LVED by the Common Council of
the City of Oshkosh that the following licenses be granted:
COMBINATION CLASS "B" LICENSE
(EXPIRES: JUNE 3o,'i9 2)
NAA'fE AND ADDRESS: LOCATION OF PRET�IISES:
Oblio's . . . . . . . . . . . . . 434 N. Main Street
^odd Cummings, 3�+56 Oakland Lane
Mark Schultz, 3456 Oakland Lane
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May 14, 1981
City Manager Mr. William Frueh
Members of the Common Council
215 Church Ave.
Oshkosh, Wi. 54901
RE: Renewal of the Class
Cummings and Mr. Mark
Tavern located at 434
On February 20, 1981
possession of drugs.
days in jail. On the
guilty of possession
He was fined $250.00
were executed by the
"B" license issued
Schultz, operators
North Main Street.
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to Mr.'Todd
of the Oblio's
Mr. Todd Cumming s was found guilty of
He was fined $500.00 plus costs or 90
same date Mr. Mark Schultz was found
of drugs with intent to deliver.
plus costs on each count. These arrests
[linnebago County Sheriff's Department.
It is my opinion that the moral character of the license holders
is in question. I therefore, deny my approval of their appli-
cation for renewal,
Respectfully yours,
���.,����-
Donald Utecht
Chief of Police
>i1f'FT�, UUII fJING • 470 JACKSON SL • C»HKOSH, WI 54901
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Of
OSMlOSX
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T0: TODD CUMMINGS MARK SCHULTZ
3456 Oakland Lane 3456 Oakland Lane
Oshkosh, WI 54901 Oshkosh, WI 54901
Re: License Renewal Hearing
Oblio's
434 North Main Street
Oshkosh, WI 54901
THZS IS TO ADVISE YOU that the Common Council of the
City of Oshkosh has called for a Hearing to decide on your
application for a Combination Class "B" Fermented Malt Beverage
and Intoxicating Liquor License renewal for the period beginning
July 1, 1981; said Hearing to be held under Section 176.05
of the Wisconsin Statutes. Said Hearing will be held before
the Common Council o£ the City of Oshkosh in the Council Chambers
oP the Oshkosh City Hall, 215 Church Avenue, Oshkosh, Wisconsin,
on Thursday, June 18, 1981 at 8:00 P.M. or as soon thereafter
as the matter can be heard.
YOU ARE HEREWITH NOTIFIED that the reason £or said
Hearing is that the Chief of Police of the City of Oshkosh,
Donald Utecht, has refused to sign his approval for your
application for the renewal of said license.
YOU ARE FURTHER NOTIFIED that if you desire to have
witnesses subpoenaed in your behalf at said Hearing that
said subpoenas will be issued by the Mayor of the City of
Oshkosh and that evidence presented at said Hearing will be
sworn testimony and will be presented to the Common Council
CITY HALL e�� �� (;;�'��;;;y qJENUE • P. 0. BOX 1130 • OSHKOSH, WISCONSIN 54902
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of the City of Oshkosh; and further, that you will have the
right to cross-examine the Chief of Police of the City of
Oshkosh and any other witnesses presented.
YOU ARE FURTHER NOTIFIED that should you desire a ver-
batim, written transcript of said Hearing you may have same,
provided that you pay £or the entire expense for same and
noti£y the City prior to said Hearing.
YOU ARE FURTHER NOTIFIED that the reasons that the
Chief of Police of the City of Oshkosh has refused to approve
your application for renewal are as follows:
1. That on February 26, 1981 Todd Cummings pleaded no
contest in Winnebago County Circuit Court, Branch V to a
charge of keeping a house for use of controlled substances
in violation of Section 161.42, Wisconsin Statutes and was
fined $500.00 plus costs.
2. That on February 26, 1981 Mark Schultz pleaded no
contest in Winnebago County Circuit Court, Branch V to a charge
of possession of a controlled substance in violation of Section
161.41(3), Wisconsin Statutes and was fined $500.00 plus costs.
Dated at Oshkosh, Wisconsin, this 8th day of June, 1981.
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CON�V �. �RKS,.--CI Y CLERK
RECEIVED
P1mOF OF SERVIC�
JUN 1 0 14^'
�iTY ATTORNEY'3
OFFICE
I, ,f�,,� , a Police Officer of the City of
Oshkosh, Winnebago Coimty, Wisconsin, do hereby certify that on
e � p /+�
the /�JI�J Lj day of J(�/1/� , 1981, in said
City, I served a Notice of a hearing to be held before the Conanon
Council of the City of Oshkosh on Jtme 18, 1981.
��'-�� C����2,����./
�._ . ,
(���e Holder) �T
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Personally delivering sacre to `/ � _ �a
� n ! d
Leaving with him a tn�e copy of the r�tice as well as a copy of the
Proof of Service
1
� °
ice 0 ficer
) •- C�
ate Delivered
•� �
ime e ivered
RECEIVED
PFd70F OF SERVICE � U N 1 Q I ri O I
c�xY ��rroarrErs
OFFICE
�-
i, ;' a Police Officer of the City of
Oshkosh, winnebago Coimty, Wisconsin, do hereby certify that on
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the ��� ��� day of ,�U�(�F , 1981, in said
City, I served a Notice of a hearing to be held before the Co�ron
Council of the City of Oshkosh on June 18, 1981.
;7 i�����-�� ,��
(���e Holder)
Personally delivering saire to
Leaving with him a tsue copy of �notice as well as a copy/of the
Proof of Sexvice
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�" Dar�/ �1�/a
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Ti� Del' red
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S'n�e 1g�O�
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Tobacco & Sundries
H. Derksen and Sons Co.
2283 Ripon Koad
Oshkosh, Wisconsin 54901
OSiiKOSH PHONE: 1414) 2353032 NEENAH PHONE: (A14) 722-9343
Oblio's Lounge
�+34 North Main Street
Oshkosh� Wisconsin 54901
Re: Letter of Reference
To whom it may concern:
June t7, 1981
For the past two years, our company has been enjoying a good
business relationship with Mr. Todd Comming and Mr. Mark Schultz,
proprietors of Oblio's Lounge on Main Street. Our firm is one of
their wholesale suppliers.
I feel that they deserve their chance to make a livelihood as
operators of that establishment. In the couple of years I have
known these two gentlemen, I have never seen anything that looked
shady or illegal. On their behalf, they operate their business in
good order. They have established credit with our firm and have
maintained a good rapport with myself and my company. They pay
their bills and tend to business. I feel that they should be
given every opportunity to continue in business on Main Street.
I know these men are of good character, and they have shown
their willingness to work hard. At no time have I known them to
be troublemakers. Please understand that I am speaking in their
behalf, and for their continuation in business.
With due respect,
�
Dale Doemel
President
H. Derksen & Sons Co.
DD/sd
ARRESTINC AGENCZ! WINN. C0. SHER, DEPT.
��FENDANT�$ HAMH! TODD CUMMINGS
REPdRT/CtTAT20N tt 80-145D
i
�AKUE! Dr,�o4 v.,.. .'_ _..._ L'___ a o ✓ I
bATH blsPOSED: February 20, 1981���Kt-
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OfSP09ITI0N! Guilty, $500.00 + or 90 days to be
paid by February 27th on or before 1:30
AAAEBTIN(3 AGENCY! WCSD
�l�'EtiDAHT�3 NAIffit MARK SCHULT2 I
REPtlKT/CtTATION t! 80-145-D
(�f►gag! Possession w/intent to deliver/,�� � y�13� I
bATH bLSFOSED: z-2o-ai I
'' I
Dt9P�3ITION! No con[es[ to two misdemeanors. j
Guilty both covnts. �250.00 + costs on �
each count. (
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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
by the Chief of Police; the Council having heard testimony
presented by both the Chief of Police and the license
applicant; hereby determi.nes that the weight of the evid�nce
presented at this Hearing is su£ticieat �+is-nottisnfficient
to deny the license renewal application of OBLIO'S,
Todd Cummings, 1302 Reed Ave., and Mark Schultz, 1302 Reed Ave.,
Agents
I therefore move that the application for the license of
OBLIO'S, Todd Cummings, 1302 Reed Ave., and Mark Schultz,
1302 Reed Ave., Agents
is hereby approved/de�nied-:
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 license application and keep said motion, application
and minutes on file with the minutes of this meeting.
Moved by Council Member Pung, seconded by Council
Member Mather. Carried: Ayes (7)
LADZES AND GENTLEMEN OF THE COUNCIL:
The reason for this Hearing tonight is that the Chief of Police,
Donald Utech, has refused to sign the application for renewal
of the License for OBLIO'S, Todd Cummings, 1302 Reed Ave.,
and Mark Schultz, 1302 Reed Ave., agents.
Pursuant to Wisconsin Statutes, Section 176.05 (8), which
requires that any application for a license which is in existence
at the time of the annual license meeting may only be rejected
if there is a statement on the Clerk's mi.nutes stating the
reasons for said rejection.
The United States District Court for the Eastern District of
Wisconsin has defined an existing license which is sought
for re-application to consist of a property right and a denial
of same requires the granting, to the holder of said license,
a due process-type hearing with the following minimal requirements:
1. Notice of charges upon which denial of the license 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.
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6. That the conclusions made by the hearing body must be
based upon the evidence adduced at the hearing.
Therefore, in the instance of the consideration or denial
of the license to OBLIO'S, Todd Cummings and Mark Schultz,
Agents, both 1302 Reed Ave., Oshkosh, Wisconsin, the Chief
of Police has refused to sign the license application and
has set forth the charges upon which his refusal to sign
is based.
The charges were drafted, a Notice of Hearing was served on
the said Agents for OBL20'S (Todd Cummings and Mark Schultz);
said Notice informed the individuals of the right to have a
due process hearing, set forth the charges and stated their
right to respond to and cross-examine witnesses. An offer
was further made to furnish subpoenas to said license holder
for the purpose of commanding witnesses to appear on their
behalf. Said license holder was further notified of the right
to have a verbatim, written transcript made of the hearing
if they were willing to sustain th� cost.
The Hearing will now proceed with the Chief of Police, Donald
Utech, coming forward to present his testimony. I would request
G��-y cle�k
the - " to administer an oath to the Chief of
Police and to all succeeding witnesses, whether they be on
behalf of the Chief of Police or on behalf of the applicant.
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
by the Chief of Police; the Council having heard testimony
presented by both the Chief of Police and the license
applicant; hereby determi.nes that the weight of the evidence
presented at this Hearing is sufficient o= i� ^—.�.�-o°�€==e=2�=z
to deny the license renewal application of OBLIO'S,
Todd Cummings, 1302 Reed Ave., and Mark Schultz, 1302 Reed Ave.,
nts
I therefore move that the application for the license of
OBLIO'S, Todd Cummings, 1302 Reed Ave., and Mark Schult�,
1302 Reed Ave., Agents
is hereby approved/��n��-.
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 license application and keep said motion, application
and minutes on file with the minutes of this meeting.
CIRCUIT COURT
WINNEBAGO COUNPY
BRANCH �i5
---------------
ATE OF WISCONSIN �
)
VS.
)
SCHULTZ, 80-CR-744
and
L. CU1�Il�fiNGS,
80-CR-748
Defendants.
)
)
)
BEFORE HON. WILL7AM H. CARVER,
Circuit Judge
HEARING ON
MaTION TO DISMISS
---------------
Oshkosh, Wiaconsin, Decanber 12, 1
FOR THE STATE:
Mr. Dee Dqer, asst, district attorneq
FOR TE� DEFENSE:
Defendants in person
Mr. Henry Mathewson, caunsel for Deft. Cu�ings
Mr. Russell Reff, councel for Deft. Schultz
(Following is the statement of the Court after oral arg�ents by
counsel)
TFFIE COURT: Well, I agree, I 3ust have a hard
saqing thet from these facts set forth in the Affidavit
Chat �e've got probable cause to charge the defendants wit
a felonp, which is the intent to deliver. You've got then
in a hame where there is conatructive possession of
controlled substances but I�ust can't find because a guq
has a safe and some books in the safe and some esnpty bags
laying arouad that now we've got probable cause of an int
to deliver that particular controlled aubstance.
(Following further oral argument bq all Counsel, the Court made t �
following ruling)
TEiE COURT: Well, okaq, I suppase everybody�s
entitled to a di£ference of opinion but I would conelude
that the Complaint is not adcquate to charge an inteat to
deliver. I'll grant the motion to find that the Comoiai�r.
is iasufEicient to alleg� a felony and would�accordingly
find that it is sufficient to allege a misdemeanor...
I,just find that in either case here there just isn't
sufficient evidence to de.monstrate a felonq posses�ion wi 1
intent to deliver, there is no evidence of anp intent to
deliver the material to anyone elae.
***��r*�r**�r*�**��
IREPORTER'S CERTIFICATE
I, Richard Schmidt, official reporter, bei,ng dulq appointed
and qualitied, do hereby certify that thg within and £oregoing is
a true and complete transcript of my shorthand aotes (Stenograph)
taken at the time of the Hearing on bfotion to Dismiss and the who �
thereof. (Partial transcript only)� ,
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2 and last.
CIRCUIT COURT WINNEBAGO GOUNTY
BR�T CH iF'5
----------------�
OF WISCONSIN
VS.
SGHULTZ, 80-CR-744
and
L. CUPIlKINGS,
80-CR-748
Defenda.nts .
)
WISCONSIN
)
BEFORE HOPi. WILLIAM H.
) Circuit Judge
)
�
SENTENCING
— — — r ^ — — � ^ r Oshk.osh, Wisconsin, February 20,
FOR THE STATE:
Mr. Dee Dyer� asst, district attorney
FOR TfiE DEFENSE ;
Defendants in person
Mr. Henry Mathewaon, counsel for Deft. Cu�ings
Mr. Russell Reff, counsel for Deft. Schultz
(The following is a portion of the transcript of the sentenc.ing
in the case oi Mr. C�ings)
M[t. MATHEGISON: Your Honor, we wanted to put one
other thing on the record while we're still here; that is
that tha place that it was alleged that these activiCies
took place was a residence at the time and it was in no
way connected with Oblio's Tavern, jusC in case any probl
caould come up in the future as to that. I think the
1
District Attorney would agree to that.
AIIt. DYER: I would agree.
*****�������c****
REPORTER�S CERTIFICATE
I, Richard Schmidt, official reporter, being dulq appointed
qualified, do hereby certify that the within and fore�oing is
true and complete transcript of my shorthand notes (Stenograph)
at the time of the Sentencing and the whole thereof.
onlq)
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