HomeMy WebLinkAbout28855 / 77-51s�
�7UI�iE 2, J_977
#51 RESOLUTION
w�iEREAS, applications for licenses have been made, fees
C.P.�O��`ed, an.d �11. ?e�a1 procnaiires h.2.vP �i�en fakPn a� nar
�rdi*�ances of the City of Oshl�osh,
NGW, THE:REFORE, BE IT RESOLVED by the Common Council of
the City of Oshkosh that the folloT�ing licenses be granted:
COMBTNATTON CLASS 11B" LICENSE
EXPIRES: JUNE 30, 197
2vAi� AND ADDRESS :
Pussy Cat Lounge (Michelle's, Inc.) . . . . . .
AGENT: Barbara Luedtke, 1842 Grove Street
- �1 -
LOCATION OF PREP�ISSES :
1900 N. Ma�n Street
S;';;'iIT'� ED BY
�.� ��o
._._� _... _ .. , _ �. .. .. _..--_._,_.,_„_.. ._
n t� , .
j � 1
2) PUSSY CAT LOUNGE (Michelle, Inc.) - 1900 N. Main Street
Agent: Mrs. Barbara Luedtke (Represented by
Gary Lee
Attorney: Mr. Rick Brown
City Attorney John Pence began the proceedings with the 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 "g'r . )
The meeting was then conducted by Council President Schiefelbein
who also administered the Oath. A court reporter recorded the hearing.
The Chief of Police William Gonya (who was sworn in} reiterated
the charges on which he based this hearing and the work hours involved
in processing of these reports. Attorney Rick Brown objected on the
grounds these are hearsay objections. Objection r�oted. Brown also
objected to the charge involving Mary Lou Lee, which he stated is only
a charge and she has nat been adjudged guiltye Is it fair to place
this as part of the denial of �he license: He went an to state the
Pussy Cat has not been vis3ted by the Police any more than other
establishments. He asked if the entertainmen� guidelines have been
vicl�.�ed, and was;answered '�No". He then indicated it would appear
these applications are all being heard to get the "go-go" places.
The Chief asked Officer Dennis Waddington to give his report of
one of the incidents. He was sworn in and then answered City Attorney
Pence that he had 72 years on the force. He Vras to read Complaint
312-�48, but Brown objected. Pence stated reading his own comp�aint
appeared to be proper. Brown objected. The Officer read his report.
He stated this incident was on January 13, 1Q77, at 1:b3 a.m. He
observed lights outside, including the sign, and lights inside.
There were four vehicles parked outside. The door �,�ras locked, he
knocked, and through the door noted an object (blond) on the floor
beh�nd the bar, o�her persons moving inside. he called reserves,
and asked the office to telephone this establishment to notify them.
The phone he could then hear ring once and was answered with "Green-
house Tap'� , later heard that when askeci the telephone number, the r.1an
who answered the Greenhouse Tap number. The owner who lived
upstairs said she heard voices, but then said she had no key for the
tavern. At �4:30 a.m. the lights were turned out, but they would not
come out. At 5:25 a.m. the daorway into a hall was shattered. The
officers then managed to gain entrance at 5:30 a.m. through an apart-
men�. Mary Lou Lee was faund in bed in an apartment bedroam with
shoes, fully clothed and w�aring a cbat. r!'he afficers were then able
to get into the tavern, and the subjects were placed under arrest for
obstructing officers, charged, and later all persons named were
judged guilty.
Attorney Rick Brown then asked that I�ir. Gary R. Lee be sworn in
as his wi�ness. He said he lived at 2500 E. College Avenue, Appleton,
�visconsin, and is Business P�Ianager for I�'ichelle, Inc. He said he
is familiar with the financial aspect, and when asked, said the
hu�i.nes� haG �i_4p,n�n PXt)Ppea pPr year, anc� e�t�mai-ed the income at
$3�,004, but later said he misunderstood the question. The business
income is $150,000, thereby indicating about $10,000 profit. He said
-2-
r�ary Lou Lee (his wife) and his combined income is �30,000. He
said his wife is a shareholder, the largest. The original �nvest-
Ment was $17,000 but it is a continuing investment, and they now tend
to lose the entire investment. If the Council Urould deny the license--
�hey would like to sell the business, but the sale would al�ost be
void without a license. If it could be continued, they wou�d be able
to have ti�e to sell the business, and they have no other income
source. They would also like to get out of the lease obligation.
i�he lease could be transferred to a new party if acceptable to the
owner. Y�e said, when asked by his attorney, he would stipulate as to
a date (two or three months into the new license time) af selling or
agree to the revocation of the license. If he could have 9a days, he
feels he could sell the business and lease. When asked, he stated the
business has been running since 1g72 and was purchased fram Kenneth
Gruber. Ne also stated there have been no other convictions in the
fi��e years. He has followed guidelines,;�no s�licitation, and no B-
Girls.
City Attorney Pence then questioned Mr, Lee. He answered that
there are various bartenders operating the bar and his wife hires and
fires. �e stated Mrs. Luedtke (the agent) is there from 8:30 p.m.
until closing about five days a week, bu� only as a bartender. His
wife (P��ary Lou Lee) is �he major stockholder and major operator. He
was asked by Attorney Pence why he was appearing. He stated he was
spokes�an for his wife, the major stockholder. When asked about the
other corporate officers, he said the officers are Mr, and �rs. Luedtke
and that Barbara Luedtke is the agent and spends much time at the
establishment. If the business could be sold, he felt Mary Lou Lee's
vote to sell would surpass any objection from �he Luedtke�s.
Attarney Brown then asked more questions of Mr. Lee. When asked
about closing, NIr. Lee said at the present time, �hey have been clos-
ing even a half hour before closing time. The lease is for another
year, renewable with certain options. The entertainment girls are
not tending bar. They would not get rid of the entertainment or they
could not make it go. When asked of future plans, he said he has
plar_s to operate a straight bar only in the Neenah-Menasha area.
Attorney Brown summed up. He said it appears that because this
place being a go-go "joint" it is a detriment. He said Lee first
had notiiication this last week, had had one conviction--and would
now like a license to recover his business so that it could be sold
(with �.greement Vrith the building owner) and the lease. He is only
askir�g for time to get his investment back.
There w e;e no further comments and the Chair called the hearing
closed.
-3-
The ques�icn was called for by the Chairman:
The Ci�y Cour_cil, havir_g ac�ed as a licensing body pursuant
to Secticn 176.05 (8) of the Wiscansin Statutes and in the
consider��ion of the cha�ges levied against the license holder
by the Chief cf Palice; the Council having heard testimony
presented b� both the Chief of Police and the license appli-
car_i; hereb� determines that the weioht of the evidence is
not sufficient to deny the license rer�evral application of
P�icheile, Inc., Barbara Luedtke, Agent, 1900 N. Main Street
(Fussy Cat L•ounge.)
I therefore �ove that the application for the license of
Itiichelle, Ir�c., Barbara Luedtke, Agent, 1900 N. Main Street,
pre�3ses known as the Pussy Cat Lounge, is hereby approved.
I fur�her �ove that the City Clerk be directed to attach a
cop� of his m_inutes oi the hearing, together with this motion,
to the license applicat�on ar.d keep said motion, application
ar�d m__ir_utes on file with the �inutes of this meeting.
�-`oved by Council P-Ier�ber Propp, seconded by Councilman Moser �o
�dopt. Lost. I�;oes (�) rloser, Pro�p, Singstock, Teichmiller, Ayes
(3) Kutchera, P�ather, Schieielbein.
, •
4? ;�l ;? 1977
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 determines that the weight of the evidence
..-t-�+�i� ; 'Yt..7�1�- ,�.'�.4 � �.i..C{.t .1 t,(
presented at this Hearing i-s—s����^�4 r�� J t
to deny the license renewal application of Michelle, Inc.,
Barbara Luedtke, Agent, 1900 North Main Street (Pussy Cat Lou�ge)
I therefore move that the application for the license of
Michelle, Inc., Barbara Luedtke, Agent, 1900 North Main Street,.
premises known as the Pussy Cat Lounge,
is hereby approved/��d.
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.
�
' �Form 1
STATE OF WISCONSIN
WINNEBAGO COUNTY
ss.
PAGES "B1t
I HEREBY CERTIFY that at the _ Cf ty _ of Oshkosh _ _____ in said County
4:30PM. 25th May _ 77__� I served the within _�ot1Ce
on the ------ day of ---------------- 19 ------------------
--------------------------------------------------------------------------------------------
Michelle inc.
on the within nttmed defendant ----------------------------------------------------------------
by then and there delivering to and leaving with _ B�rbaTa Luedtke
---------------------------------------
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:
Service $__4''00___
Travel • 30
�----------
Total $ _ _ �'' 30_ _ _
�l b�S�
�...,.
� ~�
.u..s.; ��.
Marvin R. Peppler ' innebago County
By� � '�-��:-�-=�-------------------
�
Dap __y _Sheriff
, ' � •
' ;.
CITr-
Of
O iltlf O SM
COUNCiI-MANAGER ADMINISTRATION
, „�
N 0 T I C E
TO: MICHELLE, INC.
Barbara Luedtke, Agent
1900 North Main Street
Oshkosh, WI 54901
(Premises known as Pussy Cat Lounge)
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 1, 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
i:ITY iiALL • 215 CHURCH AVENUE • P. O. BOX 1130 • OSHKOSH, WISCONSIN 54901
. "+•. �
to the Common Council of the City of Oshkosh; and further,
that youu 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 approve your
application for renewal are as follows:
l. That on the 13th day of January, 1977, the premises
known as the Pussy Cat Lounge remained open after hours and
that during this time six individuals were on said premises;
that during this time officers of the City of Oshkosh Police
Department requested entry into said premises and were refused
entry; that said individuals remained on the premises and
attempted to evade and obstruct officers of the Oshkosh Police
Department. As a result of this incident, six individuals,
to-wit: Eugene Niklaus Dadas, James Peter Reiter, Julie Ann
Street, David Erick Todd, Diane Lynn Aderman and Mary Lou Lee
were charged with Resisting/Obstructing an Officer in violation
of Section 18-57 of the Oshkosh Municipal Code and subsequently
entered pleas of Nolo Contendere and were adjudged Guilty by
the Honorable William H. Carver, Judge of Winnebago County
Court, Branch III.
2. That the aforementioned Mary Lou Lee, a bartender
at the aforementioned Pussy Cat Lounge also entered a plea of
Nolo Contendere to a charge of Allowing Persons in a Liquor Estab-
lishment During Closed Hours in violation of the Oshkosh
Municipal Code and was adjudged Guilty by the Honorable William
H. Carver, Judge of Winnebago County Court, Branch III.
3. That there is presently pending in Winnebago County
Circuit Court, Branch II, the matter known as State of Wisconsin
vs. Mary Lou Lee, alleging solicitation on November 8, 1976.
Dated at Oshkosh, Wisconsin, this .�� �ay of May, 1977.
� � ' '
� GARY � ,RAS SS N
Ac�in� City Cl rk
r-'I
L(1
�
f.a"
O
M-i
�
ti3
�
�r-I
�
O
U
� ?r N
�' O
� � p, N
�' c�'d �
C`� O U
d-� K-1
�
a
oc
•ri W
+� -
�
� �
O V�
m cd
N r-i
(� U
�
�
O
'ti
�
0
N
�
O
�r-I
�
O
�
_ __.,._.... ...�..._
_._............ _ .... ..... _ . ....._..�..._>. .. _,
F !
. . ...__... . _ .�..._ -. ..... . . . i
4
�
� . . . . _ . ...... . .. . . . i
ti r�
� � �
r-I �
r-i
N U
� �
� � �
� U
r �