CCR1997221COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #221-97
RESOLUTION CONCERNING THE REVOCATION OR SUSPENSION OF
'CLASS B' RETAILER'S LICENSE FOR THE SALE OF FERMENTED BEVERAGES
AND INTOXICATING LIQUORS OF B. J. MACK'S, INC.
dlbla THE NEW KLUB 24
WHEREAS, the Common Council of the City of Muskego, pursuant to Resolution #200-
97, authorized the issuance of a Summons as to a Complaint regarding the liquor
license of B. J. Mack's, Inc. for the premise at S66 W14475 Janesville Road; and
WHEREAS, pursuant to Resolution #200-97, a hearing date was set for 6:30 p.m. on
September 23, 1997 to be held at City Hall; and
WHEREAS, service of the Summons and Complaint upon B. J. Mack's, Inc. has not
been obtained for the reasons stated in "Not Found Affidavit of Service; and
WHEREAS, the City has additional "Class B" licenses available; and
WHEREAS, other persons have applied for said license or licenses; and
WHEREAS, service of process by publication would be time consuming and actual
notice by said service would be unlikely under these circumstances; and
WHEREAS, the City has received a copy of a certain order of the Waukesha County
Circuit Court in Case No. 97-CV-1457 concerning the tenant, Bette Makolondra, who is
the principal of B. J. Macks's, Inc., under whose lease B. J. Mack's, Inc. occupied the
premise, a copy of order is attached; and
WHEREAS, said court order indicates in general and in part that Makolondra
abandoned the subject premises on May 24, 1997 and that James Crivello and J. C.
Business Ventures, Inc. are entitled to have Makolondra's tenancy terminated as of
May 24,1997; and
WHEREAS, under these circumstances, it appears the City could issue an additional
license to a person applying for a liquor license for the premise which is the subject
matter of this resolution subject to any existing rights of B. J. Mack's, Inc., if any; and
WHEREAS, under these circumstances, it appears it would be an undue hardship on
the owners of this premise and upon any potential new license holders to require
revocation of the prior license prior to issuance of the new license.
NOW, THEREFORE, BE IT RESOLVED as follows:
1 That the City of Muskego shall proceed to consider new applications for licenses as
to this premise at S66 W14475 Janesville Road, without the prior revocation of the
license of B. J. Mack's, Inc.
2. If any license is so issued, it will be subject to the prior rights of B. J. Mack's, Inc., if
any.
I DATED THIS 23RD DAY OF SEPTEMBER 1997
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #221-97 which was
adopted by the Common Council of the City of Muskego.
e 8/97jmb
STATE OF WISCONSIN CIRCUIT CG53.T WAUi<ES.SA COUNTY
J C. BUSINSSS VEXTURES, INC
ZAMES C3IVELLO
Plaintiff
vs. Case No 97-CV-1457
BETTE MZKOLOHDRA,
Defendant/Third-Party
Plaintiff,
vs .
BRIAN SHANKLIN,
-. .
ORDER
The above-entitled action having come on for a motion
and evidentiary hearing before the Emorable James R. Kieffer, 0 Circuit Court Judge, on July 28, 1997, and the parties having
appeared by their attorneys, and the court having heard the
testimony, statements of counsel, reviewed the pleadings, briefs
and affidavits on file herein and being fully advised of the
premis2s, makes the following finding:
1. That ths tenant, Defe-dant/Third-Party Plaintiff
Bette Makolondra, abandoned the subject premises on May 24, 1997.
2. That the Plaintiffs, James Crivello and J.C.
Business Ventures, Inc , are entitle5 to have the tenancy
declared terminated as of May 24, 1997.
IT IS TKREFORE ORDER53 that Plaintiffs' Motion is
GW'iED and the tenancy between Flaiziiff and Defendant/Third-
I 1997.
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