CCR1994134'.
a
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #134-94
RESOLUTION APPROVING F"T'S A-
IN THE MATTER OF REVOCATION OR SUSPENSION OF "CLASS B"
N
RETAILER'S LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES AND
INTOXICATING LIQUORS OF
5 LI DqLL
JEFFREY L. BOSANAC d/b/a JEFF'S BLACK DUCK
BE IT RESOLVED that the Common Council of the City of Muske o
does hereby approve the attached Fi-n-d g/f%?&
D-in the matter of revocation or suspension of "Class
B" Retailer's License for the Sale of Fermented Malt Beverages
and Intoxicating Liquors of Jeffrey L. Bosanac d/b/a Jeff's Black
Duck.b& nn i712 +hi q
-;
SPONSORED BY:
CITY OF MUSKEG0
COMMON COUNCIL
Patrick A. Patterson
Donna M. Woodard
Brian R. Misko
David D. Taube
Domonic R. D'Acquisto
David J. Sanders
Edwin P. Dumke
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #134-94 which was adopted by the Common Council of the
6 5/94 jmb
0 STIPULATION
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF "CLASS B"
RETAILERS' LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS
OF JEFFREY L. BOSANAC d/b/a JEFF'S BLACK DUCK
IT IS HEREBY STIPULATED by and between the Complainant, the
Licensee and the City of Muskego and approved by their respective
attorneys the following stipulated settlement of the complaint
concerning the above matter dated May 6, 1994
1. The Licensee admits all of the allegations of the
complaint.
2. The Licensee admits all of the attached Findings.
3. The Licensee is fearful that his license will be
revoked for a period of 12 months and, therefore, wishes to enter
this agreement.
4. The Licensee agrees in lieu of going through the
hearing and taking the risk of having his license revoked for 12
months, that he is agreeable to voluntarily having his license
r a period of 40 days from 12:Ol a.m.
, 1994, t&e" -
5. That as the current license terminates on June 30,
1994, the Licensee has submitted his application for 1994-1995
license with the normal fee and the license is renewed in a
suspended form, but not issued until the period of suspension is
completed.
6. The City shall not use the allegation of this complaint
as a basis for a future non-renewal proceeding as Licensee is
receiving the suspension this stipulation.
Dated this >< day of , 1994.
COMPLAINANT:
By:
APPROVED BY:
TIMOTHY GARRITY LAW OFFICE KERSHEK LAW OFFICES
RIFFLE, S . C.
-2-
FINDINGS OF FACT
1
2.
3.
4.
5.
6.
7.
8.
There was filed on May 6, 1994 with the City of Muskego
Waukesha County, Wisconsin, Against Jeffrey L. Bosanac
a document entitled, "Complaint to the City of Muskego,
D/B/A Jeff ' s Black Duck".
Upon the filing of the Complaint, the Common Council of
May 10, 1994 authorized the issuance of a Summons by
the City of Muskego, pursuant to Resolution #111-94, on
the City Clerk.
That the Summons issued on May 16, 1994.
That said Summons and a copy of the Complaint were
served upon Jeffrey L. Bosanac.
Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin, at
That a hearing was held at the City of Muskego, City
did e appear as required by the Summons
7:OO p m. on May 25, 1994 at which time the Licensee
-t; both the Complainant and the Licensee
witnesses and be represented by counsel;
had the opportunity to produce witnesses, cross-examine
a1-s nf tk -LIIL.
That the premises which was the subject matter of the
hearing is located at W145 S8016 Schultz Lane, Muskego,
Wisconsin
On March 18, 1994, Muskego Police Officers Todd Nelson
and David Adamczyk entered Jeff's Black Duck at W145
58016 Schultz Lane, in the City of Muskego, Waukesha
County, Wisconsin, and observed the business to be open
and operating. Bryan L. Blanchard identified himself
to Officer Nelson as the bartender on duty. Bryan L.
Blanchard was not at said time a licensed bartender,
and there was no licensed bartender on the premises
supervising Blanchard's bartending activity As a
result, Blanchard was cited for Unlicensed Bartending
and Jeffrey L. Bosanac, licensee, was cited for
Permitting Unlicensed Bartending at Jeff's Black Duck.
Unlicensed Bartending and Permitting Unlicensed
Bartending at Jeff's Black Duck violated the provisions
Wisconsin Statutes Sections 125.04, and 125.32, and
of Chapter 125 of the Wisconsin Statutes, including
Muskego Ordinances No 12.01 (which adopts Chapter 125,
Wisconsin Statutes), and 12.01 (11, and 12 01 (9) (c) .
On February 10, 1994, Muskego Police Officer Richard
Rens entered Jeff's Black Duck at W145 S8016 Schultz
Lane, in the City of Muskego, Waukesha County,
cp c-7: 2-eYle"t cf tke.
'0 Wisconsin, and observed the business to be open and
operating. officer Rens observed that the bartender on
the premises was Bryan L. Blanchard, who was not a
observed that there was no licensed bartender
licensed bartender at said time. Officer Rens also
result, Blanchard was cited for Unlicensed Bartending
supervising Blanchard's bartending activity. As a
and Jeffrey L. Bosanac, licensee, was cited for
Permitting Unlicensed Bartending at Jeff's Black Duck.
Unlicensed Bartending and Permitting Unlicensed
Bartending at Jeff's Black Duck violated the provisions
of Chapter 125 of the Wisconsin Statutes, including
Wisconsin Statutes Sections 125.04, and 125.32, and
Muskego Ordinances No. 12.01 (which adopts Chapter 125,
Wisconsin Statutes), and 12.01(1), and 12.01(9) (c) .
9 On August 3, 1993, Muskego Police Officer Craig
being fired in the vicinity of Jeff's Black Duck at
Simuncak investigated a complaint that gun shots were
W145 Sf3016 Schultz Lane, in the City of Muskego,
Waukesha County, Wisconsin Officer Simuncak entered
Jeff's Black Duck and observed that the person tending
bar was one Blair E Mitchell, who was not a licensed
bartender at said time Officer Simuncak observed that
supervising Mitchell's bartending activity. As a
there was not a licensed bartender on the premises
result, Mitchell was cited for Unlicensed Bartending
and Jeffrey L. Bosanac, licensee, was cited for
Permitting Unlicensed Bartending at Jeff's Black Duck.
Unlicensed Bartending and Permitting Unlicensed
Bartending at Jeff's Black Duck violated the provisions
of Chapter 125 of the Wisconsin Statutes, including
Wisconsin Statutes Sections 125.04 and 125.32, and
Muskego Ordinances No. 12.01 (which adopts Chapter 125,
Wisconsin Statutes) , and 12.01 (1) , and 12.01 (9) (c) .
10. On September 15, 1991, Muskego Police Officer Michael
Rakers responded to a report of an unruly patron in
Jeff's Black Duck at W145 58016 Schultz Lane, in the
City of Muskego, Waukesha County, Wisconsin. Officer
Rakers observed that the person who was working as
bartender and who was operating the tavern was one
Theresa Moore, who was not a licensed bartender at said
time. Officer Rakes also observed that there was no
licensed bartender supervising her bartending activity.
Theresa Moore also falsely identified herself to
Officer Rakers. As a result, Theresa Moore was cited
for Unlicensed Bartending and Obstructing an Officer
and Jeffrey L. Bosanac, licensee, was cited for
Permitting Unlicensed Bartending at Jeff's Black Duck.
Unlicensed Bartending and Permitting Unlicensed
Bartending at Jeff's Black Duck violated the provisions
-2-
'0 of Chapter 125 of the Wisconsin Statutes, including
Muskego Ordinances No. 12 01 (which adopts Chapter 125,
Wisconsin Statutes Sections 125.04 and 125.32, and
Wisconsin Statutes), and 12.01 (1) , and 12.01 (9) (c) .
11. On September 1, 1991, Muskego Police Officers David
Hendrickson and Michael Rakers performed a routine
located at W145 S8016 Schultz Lane, in the City of
licensed premise inspection at Jeff's Black Duck,
Muskego, Waukesha County, Wisconsin. After the two
officers entered the tavern, two underage female
patrons were observed leaving the premises by Sergeant
Steven Kukowski, who apprehended the twenty year old
females. The two underage females were cited for being
Underage Persons in a Licensed Premises. The
bartender, Shellee L. Dietrich, was cited for
contrary to Wisconsin Statutes and Muskego Ordinances.
Permitting Underage Persons on a Licensed Premise,
The above stated incident violates Wisconsin Statutes
Section 125 07 and Muskego Ordinance No. 12 01.
12. On June 18, 1988, Muskego Police Officers investigated
a report of a nude female dancer performing at Jeff's
Black Duck, located at W145 S8016 Schultz Lane, in the
City of Muskego, Waukesha County, Wisconsin. Muskego
clothing in Jeff's Black Duck. Said female person
Police Officers observed a female struggling with her
advised Muskego Police Officers that she had been
engaged in nude dancing in Jeff's Black Duck. Said
Jeffrey L. Bosanac, licensee, was cited for Obstructing
female was cited for Lewd and Lascivious Conduct.
Lieutenant Daley during the course of his investigation
an Officer for providing false information to
of the incident in violation of Muskego Ordinance No.
9.946 41 (1)
13. At each of the incidents referred to in Paragraphs 7,
Jeff's Black Duck was open and operating for serving of
8, 9 and 10 of these Findings, the business known as
alcoholic beverages and there was no licensed bartender
or the licensee, Jeffrey L Bosanac, supervising each
of the unlicensed bartenders referred to in Paragraphs
7, 8, 9 and 10 of these Findings.
14. That the two underaged females referred to in Paragraph
11 of these Findings were on the licensed premises at a
time when they were not accompanied by a parent,
guardian or spouse and they were not transacting
business or employees or residents of the premises at
the time stated in Paragraph 11 of the Findings.
-3-
15. That at the time referred to in Paragraph 12 of these
Findings, Jeffrey L. Bosanac, licensee, did obstruct an
officer by providing false information to Lieutenant
Daley during the course of his investigation of the
incident referred to in Paragraph 12 of the Findings.
16. On October 16, 1991, Jeffrey L. Bosanac, licensee,
appeared before the Finance Committee of the City of
Muskego regarding the September 1, 1991, incident at
Jeff's Black Duck involving underage persons in the
tavern The Finance Committee recommended Jeffrey L.
Bosanac increase vigilance to prevent recurrences.
17. On September 22, 1993, Jeffrey L. Bosanac, licensee,
Muskego at the request of the Finance Committee,
appeared before the Finance Committee of the City of
regarding police reports from Muskego Police Chief John
Johnson concerning continuing violations at Jeff's
Black Duck. The Finance Committee warned Jeffrey L.
Bosanac that additional violations could lead to
suspension or revocation of the license issued to him
to operate Jeff's Black Duck.
18. A copy of the alcoholic beverages license of Jeffrey L.
Bosanac d/b/a Jeff's Black Duck is attached hereto,
made a part hereof and marked Exhibit "1".
-4-
8 o
m m 2
- N-
Y)
0
.