CCR1994017COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #17-94
RESOLUTION APPROVING FINDING OF FACTS AND DETERMINATION
IN THE MATTER OF REVOCATION OR SUSPENSION OF "CLASS B"
RETAILER'S LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES AND
ALPINE LANES OF MUSKEGO, INC.
INTOXICATING LIQUORS OF
BE IT RESOLVED that the Common Council of the City of Muskego
does hereby approve the attached Finding of Facts and
Determination in the matter of revocation or suspension of "Class
B" Retailer's License for the Sale of Fermented Malt Beverages
and Intoxicating Liquors of Alpine Lanes of Muskego, Inc. based
on information obtained at the Hearing held in this matter
January 24, 1994.
DATED THIS 24TH DAY OF JANUARY , 1994.
SPONSORED BY:
CITY OF MUSKEGO
COMMON COUNCIL
Patrick A. Patterson
Donna M. Woodard
Brian R. Misko
David D. Taube
William H. Schneider
David J. Sanders
Edwin P. Dumke
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #17-94 which was adopted by the Common Council of the
1/94 jmb Y C' y Clerk
FINDINGS OF FACT AND DETERMINATION MADE BY
THE COMMON COUNCIL OF.THE CITY OF MUSKEGO
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF “CLASS B“
FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS
RETAILERS’ LICENSE FOR THE SALE OF
OF ALPINE LANES OF MUSKEGO. INC.
A. FINDINGS OF FACT
1.
2.
3
4.
5.
6.
7.
There was filed on January 4, 1994 with the City of
Muskego a document entitled, “Complaint to the City of
Muskego, Waukesha County, Wisconsin, Against Alpine
Lanes of Muskego, Inc., D/B/A Alpine Lanes and Lloyd S’.
McIndoe, Registered Agent“.
Upon the filing of the Complaint, the Common Council of
the City of Muskego, pursuant to Resolution #5-94, on
January 11, 1994 authorized the issuance of a Summons
by the City Clerk.
That the Summons issued on January 17, 1994.
That said Summons and a copy of the Complaint were
served upon Alpine Lanes of Muskego, Inc
That a hearing was held at the City of Muskego, City
Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin, at
Licensee appeared as required by the Summons and denied
7:OO p.m. on January 24, 1994 at which time the
the Complaint and both the Complainant and the Licensee
had the opportunity to produce witnesses, cross-examine
witnesses and be represented by counsel.
That the premises which was the subject matter of the
hearing is located at S80 W18700 Apollo Drive, Muskego,
Wisconsin.
On June 29, 1993, a minor child, to-wit: a seventeen
(17) year old female person, entered the bar at the
Alpine Lanes of Muskego, Inc , d/b/a Alpine Lanes at
S80 W18700 Apollo Drive, in the City of Muskego,
Waukesha County, Wisconsin, and ordered and was served
beer, to-wit: an alcohol beverage within the meaning
of Wisconsin Statutes, §125.02(1), by one Michael K.
Ermisch, a licensed bartender working on the premises.
The bartender working on the premises was convicted of
beverages to minors in violation of Wisconsin Statutes
serving alcoholic beverages, to-wit: fermented malt
and Muskego ordinances.
8 On October 2, 1993, a pinetee, (19) year old person and a
seventeen (17) year old person entered the bar at
Alpine Lanes of Muskego, Inc., d/b/a Alpine Lanes at
S80 W18700 Apollo Drive, in the City of Muskeqo,
Waukesha County, Wisconsin, and ordered and was served
beer, to-wit: an alcohol beverage within the meaing
of Wisconsin Statutes, 5125.02(1),
The bartender working on the premises was convicted of
serving alcoholic beverages, to-wit: fermented malt
beverages to minors in violation of Wisconsin Statutes
and Muskego ordinances.
~bjl. a bartender working on the premises.
9. On November 5, 1992, a twenty (20) year old person
entered the bar at Alpine Lanes of Muskeco, inc , d/b/a
Alpine Lanes at S80 W18700 P.pol10 Drive, in the City of
Muskego, Waukesha County, Wisconsin, and ordered and
was served beer, to-wit: an alcohol beverage wichin
the meaning of Wisconsin Statutes, §125.02(1), by one
Michael K. Errnisch, a lice~sei bartencer vorkinc on the
premises. The. bartender wor'king on the :remises was
convicted of serving alcoholic beveracss, to-,wit
fermented malt beveraces to minors in viclation of
Wisconsin Statutes and Musks20 ordinances
10. That the underaged persons referred to ir ParqrEphs 7,
8 and 9 of the Findings at the time of tk incident in
question were not accompanied by his or k:er parent,
guardian or spouse who had obtained the 1zqrl drinking
age.
11. A copy of the alcoholic beveraces licens? of P-lpine
Lanes of Muskego, Inc. is attached hereto, made a part ,
hereof and marked Exhibit "1" ,.
B DETXRMiNP.TION
12. Each incident stated at Paracraphs 7, 8 rnd 9 violates
Wisconsin Statutes, S125.07 2nd Muskego Crdinapce
512.01, which are municipal regulations Edopted under
Wisconsin Statutes 5125.10 and said allecations were
set forth in the Complaint as stated abaGe ere found
to be true.
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13. The alcoholic beverages license of Alpine Lanes of
Muskego, Inc. are hereby suspended for 15 days
commencing on the 1st day of February, 1994 through the
15th day of February, 1994.
14. The City Clerk shall give notice of each suspension or
revoked.
revocation to the person whose license is suspended or
DATED THIS 24TH DAY OF JANUARY, 1994.
I, JEAN K. MARENDA, Clerk of the City of Muskego, do hereby
certify that members of the Common Council voted 9 to 0
to adopt these Findings of Fact and Determinations on this 24th
day of January, 1994.
MA RENDA, City Clerk
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