CCR2009051-Kwik Trip Stip-Attachment
STIPULATION OF THE PARTIES
AND DETERMINATION MADE BY THE
COMMON COUNCIL OF THE CITY OF MUSKEGO
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF CLASS “A”
RETAILERS LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES
KWIK TRIP, INC.
A. STIPULATION OF THE PARTIES
IT IS HEREBY STIPULATED by and between the parties CAPTAIN JOHN Z.
LA TOUR, a police officer for the CITY OF MUSKEGO POLICE
DEPARTMENT, hereinafter referred to as “Complainant”, and KWIK TRIP
INC., by its Registered Agent Robert Yesbeck, hereinafter referred to as
“Licensee”, that in lieu of a hearing as to the above mentioned matter, the parties
stipulate and agree as follows and request that the Common Council of the City of
Muskego enter a determination as set forth in this stipulation.
1. There was filed on April 14, 2009 with the City of Muskego a document
entitled, “Complaint to the City of Muskego, Waukesha County,
Wisconsin, Against Kwik Trip Inc. and Robert Yesbeck,
Registered Agent.”
2. Upon the filing of the Complaint, the Common Council of the City of
Muskego, pursuant to Resolution #050-2009, on April 14, 2009
authorized the issuance of a Summons by the City Clerk.
3. That the Summons issued on April 14, 2009.
4. That said Summons and a copy of the Complaint were served upon Kwik
Trip, Inc. by serving its Registered Agent Robert Yesbeck on April 14, 2009.
5. That the premises which is the subject matter of this stipulation is S78
W18884 Janesville Road, Muskego, Wisconsin.
6. John Z. La Tour is a resident of the City of Muskego.
7. On Friday May 9, 2008, a nineteen year old person entered the convenience
store at Kwik Trip, Inc., D/B/A Kwik Trip #664, at S79 W18884 Janesville
Road, in the City of Muskego, Waukesha County, Wisconsin, and ordered and
was sold a twelve pack of beer, to wit: an alcohol beverage within the
meaning of Wisconsin Statutes §125.07 (1)(a)(2), by one Matthew J. Jensen,
the cashier working on the premises.
8. On Wednesday February 11, 2009, a nineteen year old person entered the
convenience store at Kwik Trip, Inc., D/B/A Kwik Trip #664, at S79 W18884
Janesville Road, in the City of Muskego, Waukesha County, Wisconsin, and
ordered and was sold a six pack of beer, to wit: an alcohol beverage within the
meaning of Wisconsin Statutes §125.07 (1)(a)(2), by one Emily C. Cotey, the
cashier working on the premises.
9. Each of the above stated incidents violates Wisconsin Statutes §125.07 and
Muskego Ordinance #12.01.
10. On each occasion the cashier working on the premises was convicted of
selling alcohol beverages, to wit: fermented malt beverages, to underage
persons in violation of the aforementioned statutes and ordinances.
11. That was the second incident referred to in Paragraph 8 above occurred within
one year of the preceding violation referred to in Paragraph 7 above.
12. A copy of the alcohol beverage license of Kwik Trip, Inc. is attached hereto,
made a part hereof and marked Exhibit 1.
13. That the parties agree that the alcohol beverage license of Kwik Trip, Inc. is
hereby suspended for _____ days commencing on the
_____ day of April, 2009.
th
DATED this 14 day of April, 2009.
COMPLAINANT LICENSEE
CAPTAIN JOHN Z. LA TOUR KWIK TRIP, INC.
A Police Officer for the CITY OF
MUSKEGO POLICE DEPARTMENT
BY: by:
John Z. La Tour Robert Yesbeck
Registered Agent and
Authorized Agent of
Kwik Trip, Inc.
B. DETERMINATION
Based upon the above Stipulation, it is hereby determined by the Common
Council of the City of Muskego as follows:
14. That the incidents stated in Paragraph 7 and 8 of the Stipulation violate
Wisconsin Statutes §125.07 and Muskego Ordinance #12.01, which are
municipal regulations adopted under Wisconsin Statutes §125.10 and said
allegations as set forth in the Complaint and stipulated to above are found to
be true.
15. That the incident referred to in Paragraph 8 of the Stipulation was a violation
within one year of the preceding violation referred to in Paragraph 7 of the
Stipulation.
16. The alcohol beverage license of Kwik Trip, Inc. is hereby suspended for
_____ days commencing on the _____ day of April, 2009.
DATED this _____ day of April, 2009.
I, JILL BLENSKI, Deputy Clerk of the City of Muskego, do hereby certify that members of
the Common Council voted _____ to _____ to adopt these Stipulations and Determinations
on this _____ day of April, 2009.
JILL BLENSKI, Deputy City Clerk