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Home My WebLink About28856 / 77-52� 1 • � f� JJivE 2� 1977 #52 RESOLUTION Wi�REAS , appli cations for licenses h� v� bee:� made, fees d°posited, and all legal procedures have been taken as per erdinances 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: COMBINATION CLASS rrBrv LICENSE EXPIRES: JUNE 30, 197 ivA':�� AND ADDRESS ; LOCATION OF PREMISES : Snoopy's Bar . . . . . . . . . . . . . 2116 Jackson Street Peter S.�Moore, 11Q7 Grove Street SJBa:ITT�,� j�`; _ �� - ., � -- ._ _.. _._ .... _ _,____,�._._.. _ .. . _ n �"' , 9:00 p.m. - Hearings on renewals of Combination Class "B" Intoxicat- ing Liquor and Fermented Malt Licenses 1) SNOOPY'S - 2116 Jackson Street Applicant: Mr. Peter S. Moore His Attorney: Mr. William Manske City Attorney John Pence began the proceedings with itemizing the issues set forth by the Chief of Police William Gonyo as the basis for this hearing. A copy of the notice is made part of these minutes. (See Page "A".) The meeting was then conducted by Council President Schiefelbein who also administered the oaths. A court reporter recorded the hearing. Attorney William Manske represented Mr. Moore, and posed the question if it is legal and also objected to Mr. PenceTs rol.� in drawing up the charges for the Chief of Police and now becoming the advisor for the Council. Objection•was noted. Police Chief William Gonyo was sworn in. Upon being questioned by Pence, he stated his office has repor�s of 14 complaints during the licensing period. This was objected to by Manske. The objection was noted. It was noted the Chief was the custodian of all records. The Chief continued with 13 out of these 14 calls concerned distur- bances and the police responded to calls from that area with 99 per cent being from the management and he said about four man hours were spent processing the reports and the like. He said something is wrong as far as the management is concerned. (This was objected to, and sustained.) In regard to Charge No. 3, the Chi�f felt this �ould not have happened where this �ype of entertainment is not conducted. He covered Charges No. 2 and No. 4, and Pence stated �hese are the basis of the Chief's denial. Attorney Manske said in the 13 calls: the Chief referred to, in calling the parties were only following police instructions. He asked the Chief if he had talked to Peter Moore, and was answered "No." The Chief did not feel it necessary, for he felt he should know what is going on in his place for good operation. Manske suggested "Could not the complaint calls indicate he (Moore) is running a tight ship?" Officer Randolph Steinert (�uggested by Chief Gonyo to give testimony) was sworn in. He said he has been a police officer for approximately 7z years, and active during this period �n quEStion. On one occasion, November 8, 1976, after hours, there were five or six cars in the parking lot; he checked the building and all was secure. He pounded on the door and announced himself. He then called for a back-up squad and was finally admitted by Mrs. Schlaeger and two other people. He said there were drinks on the bar and the time was quarter to three in the morning. He also had several dis- turbance calls, particularly one. On this occasion, a man from Maryland (Objection as this is hearsay from "a man from Maryland".). The officer went on saying: On February 3, 1g77, a disturbance centered around a patron who requested a drink and was sold a bottle of champagne for $20.00 without giving back change. Later Mr. Schlaeger gave the $20.00 back and kept the champagne. -2- Mr. Peter Moore, 1107 Grove Street, owner of Snoopy's Bar and the building, was sworn in. Attorney Manske questioned him. Mr. Moore said he has a$58,000 mortgage at this time at $550.00 per month, insurance at $1,000 per year and taxes averaging $200.00 per month. He said Roger Schlaeger is a part-time bar operator at about two hours per day. Mrs. Rog�r Schlaeger is full-time eight hours per day and he himself works at times, and appears there some evenings. He himself has no other trade or occupation. He said "No" - no one had come to him with complaints this past year. and "No" - he did not know his license was in jeopardy. He said after Mr. Schlaeger's arrest, he put out instructions for closings, etc., but did not know of complaints prior to that time. Council Member Teichmiller questioned Mr. Moore as to the hours on the working schedule and the hours he would be at the bar. Mr. Moore said he was there before some daily openings which is 4:00 p.m., and drops in sometimes evenings. Mr. Manske asked Mr. Moore questions concerning the employment of the Schlaegers. He said he had Mr. Schlaeger back to pay back a debt to him incurred when he had rented the establishment to him a few years back. (It was noted at that time Mr. Roger Schlaeger held the Combination Class "B" License.) The Police Chief commented he was concerned that the owner is not present a�ter 10:00 p.m., and apparently not concerned. Councilman Singstock asked Moore if the Schlaegers were not involved, could he operate it by himself and other help? He said he could give that consideration. Council Member Teichmiller asked if the Schlaegers would not be employed, would Mr. Moore spend more time at the tavern and he answered "Yes". There were no further comments and the Chair called the hearing closed. The question was called for by the Chairman: 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 determines that the weight of the evidence presented at this Hearing is not sufficient to deny the license renewal applicant of Peter S. Moore, 2116 Jackson Street; premises known as Snoopy's Bar. I therefore move that the application for the license of Pe�er S. Moore, 2116 Jackson Street; premises known as Snoopy's Bar is hereby approved. 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 Councilman Don Kutchera, seconded by Councilman James Mather to adopt. Lost. Noes (4) Kutchera, Moser, Propp, Teichmiller. Ayes (3) Mather, Szngstock, Schie�'elbe3,n. � � �� INSTRUCTIONS The City Council, having acted as a licensing �� ;, 1911 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 determines that the weight of the evidence �►� presented at this Hearing is �s�a�� --o-- -`�' ---. sufficient to deny the license renewal application of Peter S. Moore, 2116 Jackson Street; premises known as Snoopy's Bar I therefore move that the application for the license of Peter S. Moore, 2116 Jackson Street; premises known as Snoopy's Bar is hereby approve - . � 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. fn �C �� "'�[Y � ► .� ,- �� /� ' � ��i ��ti ,r—.. F�rm 1 STATE OF WISCONSIN WINNEBAGO COUNTY ss. PAGES rrAr� I HEREBY CERTIFY that at the ____ i�y_ ___ of ___ 0 S_ ko s_ __ in said County t��zSpM, 5 y Notice on the _ 2_�hday of _ M�------------ 19 77--_, I served the within --------------------------- -------------------------------------------------------------------------------------------- Peter S.Moore on the within named defendant ---------------------------------------------------------------- by then and there delivering to and leaving with ____?�1m__________________________________________ --------------�------------------------------------------------------------------------------ a true copy thereof, and i further certify that at the time of said service I endorsed the date of service, my name and of�cial title on copy so served. FEES: �.00 Service $------_--- Travel $ _ _ _'_3 �_ _ _ _ Total $ _ 4 ! �Q_ _ _ _ •� 1oS53 � �o� M a r v i n R. P e p p 1 e r,, eri Winnebago County B� - �/-- --------------------- H Sheriff ,• . . . � CITt Oi OSH[OSM COUNC�L-MANAGER ADMINISTRATION I N O T I C E TO: PETER S. MOORE 2116 Jackson Street Oshkosh, WI 54901 (Premises known as Snoopy's Bar) THIS 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 l, 1977; said Hearing to be held under Section 176.05 of the Wisconsin Statutes. Said Hearing will be held before the Common Council of the City of Oshkosh in the Council Chambers of the Oshkosh City Hall, 215 Church Avenue, Oshkosh, Wisconsin, on Thursday, June 2, 1977 at 9:00 P.M. or as soon thereafter as the matter can be heard. YOU ARE HEREWITH NOTIFIED that the reason for said Hearing is that the Chief of Police of the City of Oshkosh, William Gonyo, 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 President of the Common Council of the City of Oshkosh and that evidence presented at said Hearing will be sworn testimony and will be presented to CITY HALL • 215 CHURCH AVENUE • P. O. BOX 1130 • OSHKOSH, WISCONSIN 54901 . , the Common 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. 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 FURTHER NOTIFIED that the reasons that the Chief of Police of the City of Oshkosh has refused to anprove your application for renewal are as follows: l. That on the following dates disturbances of various natures were reported to have taken place at the said Snoopy's Bar: COMPLAINT NUMBER DATE 19552 7-10-76 22943 8-28-76 25862 10-10-76 27610 11-7-76 31566 1-19-77 32318 2-3-77 32445 2-5-77 33716 2-27-77 35041 3-20-77 36095 4-5-77 36685 4-14-77 38237 5-8-77 38642 5-14-77 33078 2-16-77 2. That on November B, 1976, one Roger F. Schlaeger, a bar- tender at Snoopy's Bar, was arrested for operating a tavern after closing hours in violation of the Oshkosh Municipal Code and pled Nolo Contendere to that charge on December 16, 1976. 3. That on May 17, 1977, it was reported by one Rita Schlaeger, an employee of Snoopy's Bar, that a male individual had brandished a pistol in Snoopy's Bar; this information being contained in Complaint No. 38894 of the City of Oshkosh Police Department. 4. That in his application for an Operator's License, dated September 3, 1976, Roger F. Schlaeger stated that he had � . , . . 0 r�'' been convicted of operating after revocation of his Seller's Permit in May of 1974 and that he had been convicted of operating a tavern after hours in February, 1974. Dated at Oshkosh, Wisconsin, this � d y of May, 1977. GARY . ��ISMU�SEN Act � City C�'lerk N � � � � r� ��v 6 �I _�J '1� � N � � � O U � � O � • t�. N cti � N O �U +� ..H � � O "= vi f� '� .= � � � O � vI Ul ct3 N ri (� U � � 0 b � O E-i � O v-I J-� O � ! 1t_ ._:..,, :� ,,. ! m l� �\, ."� � � F-� ri ��J N � N C.� � .\ � � F-j U