CCR2009142-Bushys-Stipulation-Attachment
STIPULATION OF THE PARTIES
AND DETERMINATIONS MADE BY THE
COMMON COUNCIL OF THE CITY OF MUSKEGO
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF “CLASS B”
RETAILERS LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES AND
INTOXICATING LIQUORS OF
LYNWAY, 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 LYNWAY, INC., by its Registered Agent, LYNN KURER, 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 September 15, 2009 with the City of Muskego a document entitled,
“Complaint to the City of Muskego, Waukesha County, Wisconsin, Against Lynway, Inc.
and Lynn Kurer, Registered Agent.”
2. Upon the filing of the Complaint, the Common Council of the City of Muskego, pursuant
to Resolution #141-2009, on September 22, 2009 authorized the issuance of a
Summons by the City Clerk.
3. That the Summons issued on September 22, 2009.
4. That said Summons and a copy of the Complaint were served upon Lynway, Inc. by
serving its Registered Agent, Lynn Kurer, on September 22, 2009.
5. That the premises which is the subject matter of this stipulation is S67 W14831
Janesville Road, Muskego, Wisconsin.
6. John Z. La Tour is a resident of the City of Muskego.
7. That Lynway, Inc. is the licensee and holder of a “Class B” retailers license for the sale
of fermented malt beverages and intoxicating liquors pursuant to Chapter 125,
Wisconsin Statutes, and Lynn Kurer is the agent for the licensee. That the City of
Muskego Common Council issued a “Class B” retailers license for the license year
beginning July 1, 2008 and ending June 30, 2009 and July 1, 2009 to June 30, 2010,
copies attached as Exhibits A & B, for the premises located at S67 W14831 Janesville
Road, Muskego, Wisconsin, which does business under the trade name “Bushy’s Pub &
Grill.”
8. That the City of Muskego Common Council for years previous to the 2008-2009 license
year had also issued a “Class B” retailers license to the aforesaid licensee and agent for
the premises located at S67 W14831 Janesville Road, Muskego, Wisconsin, known as
Bushy’s Pub & Grill.
9. That the licensee Lynway, Inc. and Bushy’s Pub and Grill has been in business in
Muskego for 25 years and has not previously been the subject of any adverse alcohol
beverage license action or complaint seeking license revocation or suspension.
10. That the City of Muskego has adopted the provisions of Chapter 125, Wisconsin
Statutes, as further set forth in Chapter 12 of its local municipal ordinances.
11. That criminal complaints have been filed against two employees of Bushy’s, Robert
Kanack and Kevin Siegesmund, which allege that on January 16, 2009, around midnight
and the early morning hours of January 17, 2009, a patron Eric Hummer and a friend
Michael Ermish were at Bushy’s Pub & Grill and while standing at the bar and having a
drink were without provocation attacked and beaten by employees of Bushy’s Pub &
Grill. The complaints further allege that Eric Hummer was struck about the face, kicked
in the body while lying on the ground, picked up by the employees of the licensee and
thrown backwards out the main door striking his head on the concrete walk and rock
pillar located outside the front door. The complaints also allege that Hummer was
knocked unconscious as a result of said conduct.
12. The criminal complaints allege that employees of licensee and Bushy’s Pub & Grill were
requested to call 911, but they refused to do so as requested by a patron.
13. The criminal complaints allege that as a result of the employees’ conduct, Hummer
sustained a broken right rib, mild concussion, 1 ½ inch laceration to the back of his
head, bloodied nose, bruising about the body in addition to scuff marks and scabs and
other injuries.
14. The criminal complaints allege that on January 19, 2009, the Muskego Police
Department received an unsolicited call from a citizen witness who was present at
Bushy’s Pub & Grill at the time of the incident, who confirmed the attack and conduct of
the employees as previously set forth in this stipulation.
15. The criminal complaints allege that witnesses to the incident reported to police that the
employees of the licensee used excessive and unnecessary force on Eric Hummer who
had done nothing to provoke the incident.
16. That as a result of the alleged conduct against Kevin Siegesmund and Robert Kanack,
employees of the licensee and agent, both have been criminally charged with substantial
battery by the Waukesha County District Attorneys Office and their cases are pending in
the Waukesha County Circuit Court.
17. That on March 9, 2008, the Muskego Police Department responded to Bushy’s Pub &
Grill for a report of a fight in progress. Patrons in attendance at Bushy’s Pub & Grill
became involved in an unprovoked fight, which employees of the licensee and agent,
Kevin M. Busch and Robert Kanack, admitted being involved in as they attempted to
separate the fighting patrons. Kevin M. Busch admitted to striking one of the patrons as
he was lying on the ground. Kevin M. Busch was head of security at the time.
18. As a result of said incident, two patrons, Noel Smith and Robert Strand, were criminally
charged with battery by the Waukesha County District Attorneys office.
19. On May 17, 2008, a City of Muskego police officer observed multiple subjects fighting in
the parking lot of Bushy’s Pub & Grill and upon further investigation observed that one of
the subjects involved was under the age of 21 years of age. Said subject was charged
with underage consumption of alcohol.
20. For the license years of 2007 through April 29, 2009, the Muskego Police Department
received a total of 18 reports of assaults, fights and unruly patrons at or near Bushy’s
Pub & Grill, including the three above incidents.
21. A copy of the alcohol beverage license of Lynway, Inc. for the license year beginning
July 1, 2008 and ending June 30, 2009 and for the license year commencing on July 1,
2009 and ending June 30, 2010 are attached hereto, made a part hereof and marked
Exhibits A and B.
22. That the parties agree that the alcohol beverage license of Lynway, Inc. is hereby
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suspended for 14 days commencing at 5:00 p.m. on the 27 day of September, 2009.
DATED this ______ day of _______________, 2009.
COMPLAINANT LICENSEE
CAPTAIN JOHN Z. LA TOUR LYNWAY, INC.
A Police Officer for the CITY OF
MUSKEGO POLICE DEPARTMENT
By:________________________________ By:_____________________________
John Z. La Tour Lynn Kurer
Registered Agent and
Authorized Agent of
Lynway, Inc.
APPROVED: APPROVED:
____________________________________ ________________________________
Attorney Roger Pyzyk Attorney Raymond M. Dall’Osto
Attorney for Complainant Attorney for Licensee
Dated:_______________________________ Dated:___________________________
B. DETERMINATION
Based upon the above Stipulation, it is hereby determined by the Common Council of the
City of Muskego as follows:
23. That the incidents described in the Stipulation violate Wisconsin Statutes
§125.12(2)(ag)2 in that Lynway, Inc. kept or maintained a disorderly, riotous, indecent or
improper house and that said conduct is a basis for suspension, revocation or non-
renewal of the licenses issued to Lynway, Inc.
24. That Lynway, Inc. has violated the provisions of Chapter 125 of the Wisconsin Statutes
and Chapter 12 of the City of Muskego ordinances contrary to Wisconsin Statutes
§125.12(2)(ag)1 and said conduct is a basis for suspension, revocation or non-renewal
of the licenses issued to Lynway, Inc.
25. The alcohol beverage license of Lynway, Inc. is hereby suspended for 14 days
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commencing at 5:00 p.m. on the 27 day of September, 2009.
DATED this ______ day of _____________, 2009.
I, JANICE MOYER, 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 ______________, 2009.
_________________________________
JANICE MOYER, City Clerk