CCR1997182COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #182-97
RESOLUTION APPROVING FINDING OF FACTS AND DETERMINATION
IN THE MATTER OF REVOCATION OR SUSPENSION OF "CLASS B"
FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS OF
RETAILER'S LICENSE FOR THE SALE OF
B.J. MACK'S, INC. d/b/a THE NEW KLUB 24,
BETTE MAKOLONDRA, REGISTERED AGENT
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 B. J. Mack's, Inc. d/b/a
The New Klub 24, Bette Makolondra, Registered Agent based on
information obtained at the Hearing held in this matter
July 29, 1997.
DATED THIS 29TH DAY OF July , 1997
SPONSORED BY:
Dornonic D'Acquisto
Patrick Patterson
Donald Pionek
Nancy Salentine
Mark Slocomb
This is to certify that this is a true and accurate copy of
Resolution #182-97 which was adopted by the Common Council of
the City of Muskego.
FINDINGS OF FACT AND DETERMINATION MADE BY
THE COMMON COUNCIL OF THE CITY OF MUSKEG0
IN THE MATTER OF
REVOCATION OR SUSPENSION OF "CLASS B"
FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS
RETAILERS' LICENSE FOR THE SALE OF
OF B. J. MACK'S, INC. d/b/a THE NEW KLUB 24
A. FINDINGS OF FACT
1. There was filed on July 11, 1997 with the City of
Muskego a document entitled, "Complaint" by James T.
Crivello, owner of the property known as S66 W14475
requested the revocation of a liquor license which it
Janesville Road, Muskego, Wisconsin, which complaint
indicated was held by Bette Makolondra, but which is
actually a license for the sale of fermented malt
beverages and intoxicating liquors held by B. J.
Mack's, Inc. d/b/a The New Klub 24.
2. Upon the filing of the Complaint, the Common Council
of the City of Muskego, pursuant to Resolution
#176-97, on July 22, 1997 authorized the issuance of a
Summons by the City Clerk.
3. That the Summons was issued on July 23, 1997.
4. That said Summons and a copy of the Complaint were
served upon B. J. Mack's, Inc. d/b/a The New Klub
to the complainant, James T. Crivello, and an
24; that a copy of said Summons & Complaint was mailed
additional copy was mailed to his attorney, Ronald G.
Pezze, Jr.
5. That a hearing was held at the City of Muskego, City
Hall, W182 58200 Racine Avenue, Muskego, Wisconsin, at
did appear by Counsel as required by the Summons and
7:OO p.m. on July 29, 1997 at which time the Licensee
denied the Complaint; both the Complainant and the
Licensee had the opportunity to produce witnesses,
cross-examine witnesses and be represented by counsel;
the Complainant did present evidence in support of the
allegations of the Complaint.
6. That the premises which was the subject matter of the
hearing is located at S66 W14475 Janesville Road,
Muskego, Wisconsin.
7. That B. J. Mack's, Inc. d/b/a The New Kluh 24 and/or
Bette Makolondra and/or her agents have last used
the premises known as S66 W14475 Janesville Road,
Muskego, Wisconsin on June 8, 1997.
8. That the City of Muskego has adopted a Municipal
Ordinance §12.01(10.5) which provides, in part, as
follows:
"The following situations may be grounds for
cancellation, suspension, revocation or non-renewal of
licenses in accordance with the provisions of this
section and the laws of the State of Wisconsin.
2) When, at the request of the owner of the licensed
premises, any licensee's usage of said premises
is discontinued for 60 days or the remainder of a
license period, whichever is less, or"
9. A copy of the alcoholic beverages license of B. J.
Mack's, Inc. d/b/a The New Klub 24 is attached
hereto, made a part hereof and marked Exhibit "1".
B. DETERMINATION
10. That the licensee has used the premises within the
last 60 days.
11. Therefore, pursuant to Muskego Ordinance
§12.01(10.5), the Common Council determines that the
complaint is hereby dismissed.
DATED THIS 29th day of July , 1997.
certify that members of the Common Council voted 5 to 1 I, JEAN K. MARENDA, Clerk of the City of Muskego, do hereby
day of Julv , 1997.
to adopt these Findings of Fact and Determinations on the 29
JMN K. MARENDA
@RK-TREASURER
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