HomeMy WebLinkAbout29827� � �
� +r,
� ; - � ; . ,
,. �.,� � .i' �: t .�
.2�.'� °�t' YY'av� .>w.`'
MoTZOrr
��,"'#t yi�.s ��3 ::� � �� � � �2 3:�7r> _•. ,�"� ,�.�e. '�•
,. _ ,. . � _ - s.� . ,i ... �� __�sr.., . . . ,.
The Common Council of the City of �sfiY.osh, having acted as a 1i-
���
censing body pursuant to Section Sectq���76.12 of the Wisconsin
Statutes and in the consideration of i,he charg�s levied against
the license holder by the Chief of Poliee; :the CtY?�tncil having
heard testimony presented by both the Chief of. Police and the
license holder; hereby determines th.at the weight of the evidence
presented at this Hearing is suffic�_ent ` �'
to suspend the license of the Red Carpet Lounge, 106
North Main Street - license holder, �Tc�hn Peila,�
I therefore move that the license for the premises known as the
Red Carpet lounge, 106 North Main Street, City of Oshkosh, Winn�-
bago County, Wisconsin, license holder, John Peila, is hereby
suspended for a period of 90 days.
I further move that the City Clerlc be directed to attach a capy
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 mi.nutes of this meeting.
SUBt�ITTED BY
Dated: October 30 , 1978
�-
cirr
OF
OSMKOSH
COUNCIL- MANAGER ADMINISTRATION
�A �
N O T I C E
TO: JOHN PETTA
106 North Main Street
Oshkosh, Wisconsin 65901
(Premises known as Red Cat�et Ipunge)
TfiIS IS TO ADVISE YOU that the Comrbn Council of the City of Oshkosh
has called for a Hearing on whether or not your C�oanbination Class "B"
Fermented Malt Beverage and Into�cating Liquor License should be revoked.;
said Hearing to be held under Sections 176.11 and 176.12 of the Wisconsin
Statutes. 'The Hearing will be held before the Co�n Co�cil of the
City of Oshkosh in the Council Q�ambers of the Oshkosh City Hall, 215
Church Avenue, Oshkosh, Wisconsin, on Nlonday, October 30, 1978 at 7:00 P.M.
or as soon thereaft�er as the matter can be heard. 'There has been received
by the City Clerk of the City of Oshkosh a verified complaint by the Chief
of Police alleging violations of the entertainment guidelines as established
by the Co�n Council of the City of Oshkosh. A copy of that camplaint and
guidelines is attached hereto.
YOU ARE FURTf�R NOTIFIID that if you desire to ha.ve witnesses subpoeazaed
in your behalf at said Hearing; that said subpoenas will be issued by the
President of the Co�an CoLmcil of the City of Oshkosh and that evidence
presented at said Hearing will be sworn testi�ny and will be presented to
the C�n Council 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.
�� �. � l_;'= • P. O. BOX 1130 • OSHKOSH, WISCONSIN 54901
►'
t '1
-2-
YOU ARE FURTf-IER NOTIFIID that you have the right to appear at said
Hearing as aforesaid, you also may produce witnesses and you may be
represented by Counsel.
YOU ARE FURTHER NOTIFIED that should you desire a verbatim, written
transcript of said Hearing you may have same, provided that you pay the
entire expense for same and notify the City prior to said Hearing.
YOU ARE FURTF�R NOTIFIID that if you fail to appear at the Hearing
the allegations as contained in the complaint shall be deemed to be true.
Should the C�wn Council determine that the allegations are sufficient,
then in that event, the Council may suspend your license for not less than
10 days nor more than 90 days or the Council may revoke your license.
Dated at Oshkosh, Wisconsin, this 24th day of October, 1978.
-�.
��G� l!�C2
C E C.
City Clerk
_ �-
CITY
; OF
OSMI(OSM
�+:�._.. � .: �: - I
24 October, 1978
TO: CONVERSE C. MARKS
City Clerk
City Hall
Oshkosh, WI 54901
COUNCIL- MANAGER ADMINISTRATION
��
Pursuant to Section 176.11 of the Wisconsin Statutes, I am hereby filing a
complaint against John Peila; D.O.B. 6-17-50, who resides at 525-A High Avenue,
Oshkosh, Wisconsin; the holder of a Combination Class "B" Intoxi.cati.ng Liquor
and Fermented Malt Beverage License for the premises located at 106 North
Main Street in the City of Oshkosh, Winnebago County, Wisconsin, and known as
the Red Carpet Lounge.
This ccxnplaint deals with violations by said John Peila at said prEmises of
entertairunent guidelines established by the Cc�unon Council of the City of
Oshkosh on July 20, 1972 and January 18, 1973.
'These guidelines were violated on the following dates: Sept�nber 22, 1978,
September 27, 1978, September 28, 1978, Octaber 2, 1978, in that police officers
of the City of Oshkosh Police Degartment observed.fema.le dancers performing at
said premises without costtunes that were visible and of non-transparent
material covering ccanpletely the mons pubis or mons Veneris, genitals, pubic
area and buttocks and did further observe th�n entici.ng custcgners to order
drinks, and the actual or simulated touching, caressing or fondling of breast,
buttocks, anus or genita.ls.
I therefore request t
Hearing pursuant to S
license of John Peila
Statutes.
,at the Common Council of the City of Oshkosh conduct a
�ction 176.11 of the Wisconsin Statutes and to revoke the
pursuant to Sections 176.11 and 176.12 of the Wisconsin
, .
Wi liam Gonyo, Chie f Police
Subscr_ ik�ed and sworn to before me
th�s �4t�i d�y of Oc , 1978.
' �
;' �
` � � � .� ,�
_ t -. �',_[ �,�z � � . ,
I�a1Gre A. `Vander p, No ic
Winn�ba��o Count1, Wisconsin
N!v C�is�ion Expires: 9-27-81
� - ._� � :�� � ,r���r � ,�>,v�N�iE • P.O. BOX 1130 • OSHKOSH, WISCONSIN 54901
1{ ?_6 F1�SOI,iJ'!.'IOP�J
�
WIIr;RFI1r� J_t; �i.^ fclt denir�.b1.� i;h�it; � l�ii.;, Cc�i�n.�n Counc�tl �r,a on
record :in the fo»mulat:i.on o�' �;uic�clinc�s fc�r entertainment th�tt wI11
promote �he t�relfai�c of the C:LLy In �z�surin� �!�e ��rese:r3tat:i.on of
entc�rtainmen�, and
I�JIII;I�I�lI�, it; i: hnreby det;cr.rn_tnr,a 1;i�at 1;1�e„e L;ulc�elines si�ol�ld
cover the physi caI feat��res o.f the . esY�.:�l.i.shments �nat present
public enter��ainment and the �ict;iviLies anca ���ess oi' the enter-
tainex's, � : '
� NOGJ, THERI;FORE,� f3F IT RESOI,VI,D by thc Common Council of the
Cit,y of ��tllcosh, Gl�..�con:,tn, 't1,Zt; tl1). prc;pi�:lc�or: �fi c�tabl_i�}�m<��lt �
preser.t.ing enterta�.nrnent _f.n •L-J�� CiL�/ of Ush1,o::h ahould providc the
fo].1ot•riri� ��hy:�:i. ,,tl. frte:�11��.e., �r�c1 CC>[li;r��]. Ll�e r,o»c�ti�c:t: oZ' the ant�r�
� tainers i.n �he follo;a�iri�; �espcct;;; :
1. 1111 E1ntertajner� sh��,ll px�c.;eilt; t;tiel.r perf'c�rmance�
�n st<:��;��;� l�rr�i.ch �.rc }�h,y^:Cc;�.:1.1.Y :��}��ir. ��t�cl �'t°�m �nc�
T:'�7.:1. �E'.C� %t��10'JF� t:t]E,' C��1T1CC 1.'�C)OT.' 11:�C'.('2 h�J � CUt.011?r.'T':i .
, Pr•rfor�in�;nn�� ;��t7c� d;ttl�;c:, ;li��� I�nt; 1;o h�: Cc�rl�-ltiCl;CC] oXt
the bar, or on i,abJ.c.� iz,�ed by t:he custonic�i�.
2. I:t�ter.ta�lne;r;: :�re noL pc�t��mittec? t� dai�cc tvith m�mbers
c�f thc auc��.�nr�e or ct�:;t�rner,^ l�,ef.or.��, durl.n�;, or a�'ter
tn�:� �• r��, z•,•oz'F:1��r1�� . .
3. I;ach e;�t<<}�1.�.;�lirr:�nt sha1.1. ��rovi dc: ,��q , �s�ri�°
�. c.,. u a� c, d re � ,
I'��r�lfi I'<<c:1:l.i';Ic;,; 1'p.l`' :l.i;;: t�r�tc�:t't.�t:t.tic�.':,. '
,t,
I3F1 I`].' I�'UR'I'I1f�C; R!�; ;�I,�/laI) l:liril; t;lac ('�l_( n.ti nfr �.°�� tci��l.i.t�c� ; 1�c;�
est�.bllsl�ed for �:rite.�l;r��J.neY�s :
l. �l'liat �.fJ:� �;��n��•;.� ;-roz�n t?,; n��,:1e uxicl felri�il�� enL�rt�iners
�:;ha.l.]. be vi.:;_�.b:te aticl o" rlc;n--Lx���.�ir;p,�z�ent m;�te�ial,
r].T1C1 I[lU.:; V Cn`ii)_���i;C,�i.�J �::0`✓i`,I.' �;C1C :i.i'�11:'; L�II}�j.;i 02'' Ti1011:�
UCi1E?I':l. �� iP.=.i�.C3 GT'�• f�(..'rtc�l�; f_';�3I�11. L'cl�:i.� i``Ll�:'LC �'.T'E�t ut�C�
}� l,l i: t; C'J C)t .�.
2. 7'1�,�.t ph��r, i.c:.;:.1 cr�nt;,:�cL i�l I.l;!] j>;�t,t�.->ii,°, ci��r��n��; t;he.i_r act
:1:, avo:t�:F��l r.�nr� tlii:,y :;►�r� l.7 n��L ��ilt;i.r..-, }��trr�n:1 it�to
. j oinin� in f,he peri'orm��ricc .
3.. !1t no fi1m�: :,►iri_!.l �:ritt�x�trl:tners F:21Li!'l� cti �t�►z�ers to
� �>r°r]e r dr:i nl: ; . . • �
Ado��ed b,y tihe Cc���mc;� Counc�i.1. of t}i�� C��:.� c: Oshltc�sh c.�n July �0 , 1_9'l? .
�
-���
. `
,
�,...
:
;
. Y.
. . '1
:7
.. r� '
t. .
.. . .. . ..�:3
-�_
PROOF OF SERVICE
�
I�, .��1� C�� /_��.� , a police officer of the City
of Oshkosh, Winneb�go County, Wisconsin� do hereby certify
that on the �__day of (�C.��a�. ,1978, in said
City, I served a Notice ot a hearing ta be held before the
Common Council of the City of Oshkosh on October 30,1978.
John Peila
cense o er
Personally delivering same to1Q � ���� ,�/i�- �j,���-.� �
�' .s.r.�, . �J'�j (�l' '
v� ' �
gnature o ece ver
Leaving with him a true copy of the notice as well as a
copy of the proof of service.
/(� � � s� i�
ate e vere •
C�(7
,,,,��� .�_
Time De vere
.� � ./. -
--"•� . � .
. ~ r
'1 y5�
��
PROOF OF SERVICE
�ss��
I� ��Q �, a police officer of the City
o Oshkosh, Winneb�go County, Wisconsin, do hereby certify
that on the ��' day of_ (`j�ft���'.�. ,1978, in said
T
City, I served a Notice of a hearing to be held before the
Common Council of the City of Oshkosh on October 30,1978.
John Peila
cense o er
� � '
Personally delivering same to �� � �- �21�, ji�i' � ������ ��o )fr
� / �L.el �.
� x �� � �� �C1 ���y �
gnature o ece ver
Leaving with him a true copy of the notice as well as a
copy of the proof of service.
�� . �-.�cS = �•�
atb�el-ivere�"
7=� 1 '
ime e i ere
_ ,
o ce cer
�°�-�'P ,eeya-c�t. � ����/���
�NCSi3�NT REPORT 1. CUMPLAINANT'5 NAME IFIRM NAME IF BUSINE55! 2. COMPLAINT NO.
OSHKOSH PpLiCE DEPARTMENT, OSHKOSH, WISCONSIN OSHKOSH POLI CE DEPARTMENT 7553$
77.,N0. EXTpA COPIES 16. DISTRICT 19. BEAT REP. AHEA 3. COMPLAINANT'S RESIDENCE ADDRESS CITV �. HES. PHON[
101 -j� 215 CHURCH AVE., QSNKOSH 424-2111
10. COMV'S pCCUPATION �1, MOUFlS pF EMPLOV, 23. 5QHRIETV b. WMERE CRMP. IS EMPLOVEO, QH SCf;QQI, HE ATT@NOS CITY 6. HUS. PHONE
23. DESCRIBE LOCATION OF OFFENSE Oii TY�E OR PREMISB 7. COMP'S SC%�RACE�D,6.0. B. IOCATION OF INCID€NT IAUDRE5S1
i06 N. MAiN�05HKOSH WI
2�. VEN�CLE US�D UCENSE NO. &TATE VEAN 9. NpYDH7WG PEHSON S[X�RACE�AGE ttl. NE5 :'tIONE
9Y SUSPECTS ' �`
t�T. FtAROl.Lt 6RAVES �'
_._._.�__._... � __ _ ..._._._ ...�._
`IEAR MAKE dOpV MOdEI Cql.ONISI 11. REVORTINO NBpSON'S ADORESS CITY 12. BUS. PHGN[
IDENTIFYING GHARACTERISTICS OF VEHICI.E 1�. DnTE nNU TIME QCCU�i�[D 1�, paTE ANO TIMF. NEPORTED �
10-2 - 8 :1 PM
CODE: V•VICTIM (OTH[R TNAN �N BLOCK ��) AND SNOW S[x, 1,. C{iIME OR INCIDE-NT 1f, CLnSSIFICnTiON (oFC. U(cFl
RACE, AGE: W�WITNCSS� P�PARENT OR GUAROIAN. �MFOR�TION "SER�E NQTt CE" `� Q S
25. NAME CODE RESIOENCE AUURFSS qTV RE5. PHONE BUS. PHONE
__ __
Y6.
27. -- ��..._- -
28. IOENTIFV SUSPECTS BV N0. INAM@•AUDHESS ;F:X ULSCENT� AGG•Hi' Wi�LVL9 V1AIW CQMt'IEK.-CLOTIiINO•IUENTIFVINt; C�IAttACT[Ri;TIC9, IF AFlRESTlU.
INClU0E8KG.N0.ANDCHARGEI .
111
121
37. WEAPON, TOOI FORCE OR MEANS USED IDESCRIBEI a8. METMOD USED TO COMMIT CNIME
39. NATURE OF INJURIES AND LOCATION ON 90DY - CUNQITION ♦0. V�CTIM HOSPITAULED WHEHEl �� ��
29. INSTRUCTIONS FOR lON6 FORM USE, COAAPLETE All APVRUPFiIATE 17EM5 ANO U5E SVACE BELGIM AS fOLLOWS: I11 CONTINUE A90VE ITEMS AS '
NECESSAHY INDICATING ITEM NUMBER CONTINUED AT {�EFT: (21 DESCRIBE DETAllS OF INCIOENT; ANp f31 OESCRIBE EV�DCNCE OR PROPEpTY ANO iNDiCATE
DtSVOSITION
FOR SHORT FORM USE: FI�L IN ONLV THE NON�SHADED AqEAS, BHIEFLV OESCRIBE INCIDENT AND ACTION TAKEN
ITEM NO. 29.
�n 10-25-78 at 7:15 p.aa. myself 8 DET. KITCNEN aattt to 106 N. NAIN� OSHKOSH, Wi
and served JOHN PEILA Nith a t�otica infora�ing him ta appe�r In fro�t of ths OSHKOSH
COMNON COUNCIL an 10-3p-78.
_ MR. PEILA stated that he +iould rofuse to sign his name to the notice as
he did not w�t any part af it. No further statod thst he was weTi tnformed of
tho d�te aa he had reed it In the papor� r+hen to appear in fro�t of the Counctl.
He also stated that tl» ctty 1s putttng hlm In the b��ad line and he witl be
there to collect his naney end he aiso wonde�ed why he Nas the only ber befng
haras:ed.
The notice was left with him, he statad just throw it on ths bAr and leave
the place whtch we d1d.
30. REPOATING OfFICEF NO. 2N0 OFPICEH NO. Jt. STATUS ICHECK ONE) 32. SUPERVISOR APPROVING NO.
❑09[N Q,BUBP, ❑ ClQBED
��
.
October 4, 1978
Let the records show that the following information was that information
which was taped at the July 6, 1978 Council Meeting, when John Peila
of 525A High Ave. requested to speak in his behalf concerning his
application for a liquor license to operate the Red Carpet Lounge located
at 106 N. Main St., Oshkpsh, Wisconsin.
Resolution ��8 Class B License for Carpet Lounge, 106 N. Main St.
My name is John Peila and I live at 525A HIGH ST. I was told that I would
have to appear before the council because there wa� trouble with the
old owner and advised me of that. I wanted to know just exactly what
was expected.
Schiefelbein: Mr. Peila you are, I assume, you are asking to take
over a license which was carried by former owner of this particular
establishment.
Mr. Peila: Yes sir.
Schiefelbein: You are asking us to consider you<as the new owner or
new applicant for this class B license and we at the last meeting
instructed the city attorney and the police chief to have anyone seeking
a license for the first time to come before the council and tell us
what type of an establishment they were going to run and we would deter-
mine whether they have, in our estimation, a legitimate right to that
license or not. I think that is within our perrogative. As you being
a first time, first in coming before this council asking for permission
to have a license.
Mr. Peila: Yes slr.
Schiefelbein: So if you would tell us a little bit about what you
plan to operate there, how you p1�n to o�erate thr�t buai.ness� it
might help us to understand a little bit about what your operation
will be.
MR. peila: Well I plan to run entertainment.
�
�
0
2
Schiefelbein: What kind of entertainment do you plan on running there,
I guess that would be the question.
Mr. Peila: I plan on running the entertainment with the women, as
dancers in other words.
Scheifelbein: Dancing women?
Mr. Peila: Yes. I plan on having the entertainment with the women
dancing. I have had numerous experience running other bars and the
Police Chief has recommendations and I don't know if you need them or
not.
Scheifelbein: Yes, we have seen the Police Chief's recommendation.
The q�estion we would have is do you plan on changing anything from
from what it currently is?
Mr. Peila: Yes I plan on trying to, well I have had no problem, I
have worked there for the last 4 months myself, I have had no problems.
I know the owners had some problems after late ordinances and that.
I think I understand the law. I don't believe I would have any problems.
Most of the people that I know that come into that establishment I get
along with very well, and I think I could do a good job.
Scheifelbein: Are there any questions for Mr. Peila? Mrs. Teichmiller?
Mrs. Teichmiller: When did you take over.
Mr. Peila: I haven't yet mam.
Mrs. Teichmiller: You haven't yet, you are going to?
Mr. Peila: Yes mam.
Scheilfelbein: He can't until you pass an ordinance.
MRS. Teichmiller: Yes, I didn't know if he worked there, I should have
said have you worked there.
Mr. Pei1a: Part time.
Teichmiller: You worked there part tirne?
Mr. Peila: Yes mam•
r
Mrs. Teichmiller:
�
is that it?
3
In other words you are going to have nudie dancing,
Mr. P eila: Not completely nude, no.
Mrs. Teichmiller: They are going to have a G string, is that what your
talking about?
Mr. Peila: Yes
Mrs. Teichmiller: There ha� been problems with the present operator
and you have worked part time there. Do you intend to change any of the
policies, so that you don't have the same type of problems?
Mr. Peila: Yes, I have already started on that.
Mrs. Teichmiller: Would you tell me what you are going to do, what you
started on, how you are going to handle it?
Mr. Peila: As far as what, hiring people, could you be a little more
specific?
Mrs. Teichmiller: No, you told me that you have already started
changing and I just wondered how your are changing.
Mr. l�ila: I am doulg�some remodeling on the building. I have talked
to the landlord. I am going to hire my own people and the people I
ha�e I think pretty much about, they are reputable. I will see if I
can't get some better clientele, and do a little better job of the
situation than was done before
Mr. S�hiefelbein: Any further questions Mrs. Teichmiller?
Mrs. Teichmiller: Now you have ma.de some promises and I think you will
keep them, because I for one have heard them and if you don't keep your
promises'; I for one will try and remove your license,
Mr. Peila: Well, thats understandable. Thats only fair.
Mr. Scheifelbein: Mr. Singstock
Mr. Singstock: I have one question and that is Are you actually going to
be working for Clyde Jr.
Mr Peilr�: No sir.. I hr�ve bought the eatabliahment
� , .
� 4
Mr. Scheifelbein: Is that it?
Mr. Singstock: Yes.
Mrs. Scheifelbein: Mr. Kutchera.
Mr. Kutchera: You indicsted you had been there 4 months, part time?
Mr. Peila : 4 or 5 months.
Mr. Kutchera: So your aware of operating this sort of an establishment?
As presently operated and apparently you said you had previous experience
in running.
Mr. Peila: Differ:�nt types, of bars and restaurants and establishments.
Mr. Kutchera: You feel that you wi11 be able to hire a group of people
here who won't give you the problems that the previous owner had.
Mr. Peila: i think I can control the situation.
Mrs. Teichmiller: Mr. Kutcher made me think of another question. Where
did you run other bars? Did you operate them or just work in them?
Mr. Peila: I operated one in Rockford, I11, and I operated one in
Brookfield, I11., or helped operate it. Mostly back in Illinois is
where my experience was. I have worked for Roger Lind who is a policeman
at his tavern wfiich he operated with Bill Phillips, which was Barneys
on Main St. I have worked for Mr. Jim Hewitt On Oregon St. and I have
also helped out at Mr. Luckys, when I first moved to town about 4
years ago.
Mrs. Teichmiller: Okay, now you were a student at the university,
are you still going to continue at the university. Or are you solely
the one in there supervising.
Mr, Peila: I'm not attending the university anymore marn..
Mrs. Teichmiller: Are you going to be in there most of the time?
Mr. Peila: Yes, I have to be.
Mr. Scheitelbein: I�urther qupstions for Mr. �'eila7 No, Thank you.
Mr.Peila: Thank you.
��
_�
.---� -
�
�
rz -�
�
�
o �
� •�r
c�
a� �
o u,
� -�-' � •
N '�
r� � �
'�; O ��—f \O
�., •� a o
�+� , �
` ��
� �
o � �
� � � u�
a� o � �
r� c� o �a
a �
�
� -N o
� � �
P� �
� � �
� �a o
� c� w
�.�.
�
v
�
+� �
� �
o �
�
�
o �
H �
.�,
.. �,
� �
o �
.,� z�
+�
0
�
t
�
�
� x
rn �
� �
�
o �
m
�
� �
U •rl
O U
�_ �. , .� ._., . , r
f
� � w.r.,r.r«.r,��.y,�,�. � �'� ( .f�V�'4�fi' � ( .. ,
{ y'""",�,�...r,.�, A Sa ..
S• ...... ....r ._.. ._.. #