CCR1998051COMMON COUNCIL -CITY OF MUSKEGO
RESOLUTION #51-98
RESOLUTION APPROVING FINDINGS OF FACTS AND DETERMINATION
IN THE MATTER OF REVOCATION OR SUSPENSION OF “CLASS 8”
RETAILERS LICENSE FOR THE SALE OF FERMENTED
MALT BEVERAGES AND INTOXICATING LIQUORS
OF ALPINE LANES OF MUSKEGO, INC.
BE IT RESOLVED That the Common Council of the City of Muskego does
hereby approve the attached Findings of Facts and Determination in the matter
of revocation or suspension of “Class B” Retailers’ License for the Sale of
Fermented Malt Beverages and Intoxicating Liquors of Alpine Lanes of
Muskego, Inc.
DATED THIS 14TH DAY OF APRIL, 1998.
SPONSORED BY:
CITY OF MUSKEGO
COMMON COUNCIL
This is to certify that this is a true and accurate copy of Resolution #51-98 which
was adopted by the Common Council of the City of Muskego.
4l98jmb
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. There was filed on October lo, 1997 with the City of
Muskego a document entitled, “Complaint to the City of
Muskego, Waukesha County, Wisconsin, Against Alpine
McIndoe, Registered Agent”.
Lanes of Muskego, Inc., D/B/A Alpine Lanes and Lloyd S.
2. Upon the filing of the Complaint, the Common Council of
the City of Muskego, pursuant to Resolution #249-97, on
October 28, 1997 authorized the issuance of a Summons
by the City Clerk.
3 That the Summons issued on November 3, 1997.
4. That said Summons and a copy of the Complaint were
served upon Alpine Lanes of Muskego, Inc.
5. That a hearing was scheduled to be held at the City of
Muskego, City Hall, W182 S8200 Racine Avenue, Muskego,
Wisconsin, at 7:OO p.m. on November 13, 1997, but was
adjourned pursuant to stipulation of the Complainant
and Licensee dated November 11, 1997 and rescheduled
for 7:30 p.m on April 14, 1998.
6. That the premises which was the subject matter of the
hearing is located at S80 W18700 Apollo Drive, Muskego,
Wisconsin
7. That the Complainant has entered a Stipulation as to
penalty for Licensee, a copy of said Stipulation being
the allegations of the Complaint and as to a requested
attached hereto and made a part hereof.
8. That pursuant to the Stipulation of the parties, the
allegations of the Complaint and the facts stated
of Muskego as part of these Findings of Fact
therein are adopted by the Common Council of the City
0
Pursuant to said Stipulation referred to in Paragraph 7 above,
the Common Council makes the following
.
B DETERMINATION
9. Each incident stated in the Complaint violates
Wisconsin Statutes, 5125.07 and Muskego Ordinance
Wisconsin Statutes 5125.10 and said allegations were
512.01, which are municipal regulations adopted under
set forth in the Complaint as stated above are found to
be true pursuant to the Stipulation referred to in
Paragraph 7 above
10 The alcoholic beverages license of Alpine Lanes of
Muskego, Inc are hereby suspended for ten (10) days
commencing at 2 30 a.m on May 16, 1998 through 9:00
a m on May 26, 1998 as stated in the Stipulation
11. The City Clerk shall give notice of each suspension or
revocation to the person whose license is suspended or
revoked.
DATED this 15th day of April , 1998
I, JEAN K. MARENDA, Clerk of the City of Muskego, do hereby
certify that members of the Common Council voted 6 to 1
to adopt these Findings of Fact and Determinations on this 14th
day of April , 1998. e
3h?L+JL ENDA, City Clerk
-2-
BTIPULATION
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF "CLASS B"
RETAILERS' LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS
HELD BY ALPINE LANES OF MUSKEGO, INC.,
LLOYD S. MCINDOE, REGISTERED AGENT
d/b/a ALPINE LANES and
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IT IS HEREBY STIPULATED and agreed by and between the
Complainant, the Licensee, and the City of Muskego, and approved by
their respective attorneys, that the Complaint against Alpine Lanes
of Muskego, Inc., d/b/a Alpine Lanes and Lloyd S. McIndoe,
registered agent Gated arid filed with the City Cierk October 10,
1997 concerning the above matter be disposed of as follows:
1. The Licensee does not contest any of the allegations of
the Complaint and agrees that the Complaint and the facts
stated therein may be adopted by the Common Council of
the City of Muskego as its Findings of Fact in this case.
2. The Common Council for the City of Muskego may enter its
decision that Licensee has violated the alcoholic
beverage laws and ordinances as stated in the Complaint
without further hearing, the right to which hearing
Licensee expressly waives: and the City of Muskego shall
suspend Licensee's Class B Retailers' License for the
sale of Fermented Malt Beverages and Intoxicating Liquors
May 16, 1998 through 9:00 a.m. Tuesday May 26, 1998.
for a period of ten (10) days, from 2:30 a.m. Saturday
3. Licensee shall withdraw his appeal of the Judgments of
the City of Muskego Municipal Court entered February 25,
1998 in City of Muskego citation numbers G79473 and
G79518 forthwith upon approval of this Stipulation by the
Common Council of the City of Muskego.
4. The City of Muskego shall not use the allegations of the
Complaint filed in this action, this suspension, or any
prior suspension as a basis for a future license
suspension, revocation, or non-renewal proceeding, as
Stipulation as the penalty for said violations. The City
Licensee is receiving the suspension referred to in this
of Muskego may, however, use the allegations of the
Complaint filed in this action, for the sole purpose of
determining the penalty to be imposed upon the Licensee
have subsequently violated alcohol beverage laws or
in the event Licensee is found by the Common Council to
ordinances, for which a suspension or revocation could be
imposed.
1
0 Dated this __ day of , 1998.
COMPLAINANT:
LLOYD S. MCINDOE,
CHEIF OF POLICE REGISTERED AGENT
CITY OF MUSKEGO:
By :
DAVID L. DE ANGELIS, MAYOR
APPROVED BY:
TIMOTHY P. GARRITY LAW OFFICE SCHOBER & SCHOBER, S.C.
By:
ATTORNEYS FOR COMPLAINANT
ARENZ, MOLTER, MACY & RIFFLE, S.C.
By :
DONALD S . MOLTER, JR.
ATTORNEYS FOR CITY OF MUSKEGO . 2
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #a-98
RESOLUTION APPROVING FINDINGS OF FACTS AND DETERMINATION
IN THE MATTER OF REVOCATION OR SUSPENSION OF "CLASS B"
RETAILERS' LICENSE FOR THE SALE OF FERMENTED
MALT BEVERAGES AND INTOXICATING LIQUORS
OF ALPINE LANES OF MUSKEGO. INC.
BE IT RESOLVED that the Common Council of the City of Muskego
does hereby approve the attached Findings of Facts and
Determination in the matter of revocation or suspension of "Class
B" Retailers' License for the Sale of Fermented Malt Beverages
and Intoxicating Liquors of Alpine Lanes of Muskego, Inc
DATED this day of , 1998
SPONSORED BY:
CITY OF MUSKEGO
COMMON COUNCIL
FINDINGS OF FACT AM) DETERMINATION 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 ALPINE LANES OF MUSKEGO, INC.
A FINDINGS OF FACT
1. There was filed on October 10, 1997 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".
2. Upon the filing of the Complaint, the Common Council of
the City of Muskego, pursuant to Resolution #249-97, on
October 28, 1997 authorized the issuance of a Summons
by the City Clerk
3 That the Summons issued on November 3, 1997
4. That said Summons and a copy of the Complaint were
served upon Alpine Lanes of Muskego, Inc.
5. That a hearing was scheduled to be held at the City of
Muskego, City Hall, W182 S8200 Racine Avenue, Muskego,
Wisconsin, at 7:OO p.m. on November 13, 1997, but was
adjourned pursuant to stipulation of the Complainant
and Licensee dated November 11, 1997 and rescheduled
for 7 30 p m on April 14, 1998.
6. That the premises which was the subject matter of the
hearing is located at S80 W18700 Apollo Drive, Muskego,
Wisconsin
7. That the Complainant has entered a Stipulation as to
the allegations of the Complaint and as to a requested
penalty for Licensee, a copy of said Stipulation being
attached hereto and made a part hereof.
8 That pursuant to the Stipulation of the parties, the
allegations of the Complaint and the facts stated
of Muskego as part of these Findings of Fact
therein are adopted by the Common Council of the City
C'
Pursuant to said Stipulation referred to in Paragraph 7 above,
the Common Council makes the following:
B DETERMINATION
i
9. Each incident stated in the Complaint violates
Wisconsin Statutes, 3125 07 and Muskego Ordinance
§12.01, which are municipal regulations adopted under
Wisconsin Statutes S125.10 and said allegations were
be true pursuant to the Stipulation referred to in
set forth in the Complaint as stated above are found to
Paragraph 7 above
10 The alcoholic beverages license of Alpine Lanes of
Muskego, Inc are hereby suspended for ten (10) days
commencing at 2 30 a m on May 16, 1998 through 9 00
a m. on May 26, 1998 as stated in the Stipulation
11 The City Clerk shall give notice of each suspension or
revocation to the person whose license is suspended or
revoked
DATED this day of , 1998
I, JEAN K MARENDA, Clerk of the City of Muskego, do hereby
certify that members of the Common Council voted to
to adopt these Findings of Fact and Determinations on this 0 day of , 1998
JEAN K. MARENDA, City Clerk
-2-
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF "CLASS 8"
FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS
RETAILERS' LICENSE FOR THE SALE OF
XELD BY ALPINE LANES OF MUSKEGO, INC..
LLOYD S. MCINWE, REGISTERED AGENT
d/b/a ALPINE LANES and
IT IS HEREBY STIPULATED and agreed by and between the
Complainant, the Licensee, and the City of Huskego, and approved by
their respective attorneys, that the Complaint against Alpine Lanes
of Wlskego, Inc., d/b/a Alpine Lanes and Lloyd S. Mcrndoe,
registdrad agenc uated arid filed with the City Clerk October 10,
1997 concerning the above matter be disposed of as follows:
1. The Licensee does not conteat any of the allegations of
the Complaint and agrees that the Complaint and the facts
stated therein may be adopted by the common Council of
the City of Muakeqo as its Findings of Fact in this case.
2. The Common Council for the city of Huskego may enter its
decision that Licensee has violated the alcoholic
beverage laws and ordinances as stated in the Complaint
without further hearing, the right to which hearing
Licensee expressly waives; and the City of Muskego shall
suspend Licensee's Class B Retailers' Licence for the
sale of Fermented Malt Beverages and Intoxicating Liquors
May 16, 1998 through 9:OO a.m. Tuesday May 26, 1998.
for a period of ten (lo) days, from 2:30 a.m. Saturday
3. Licensee shall withdraw his appeal of the JudgrPent8 of
the City of Muakego Municipal court entered February 25,
1998 in City of Huskego citation numbers G79473 and
G79518 forthvith upon approval of this Stipulation by the
Common Council of the City 02 Muskego.
4. The City of Muskego shall not use the allegations of the
Complaint filed in this action, this suspension, or any
prior suspension as a basis for a future license
suspension, revocation, or non-renewal proceeding, as
Licensee is receiving the suspension referred to in this
Stipulation as the penalty for said violations. The City
of Huskego may, however, use the allegations of the
Complaint filed in this action, for the sole purpose of
detennining tha penalty to be imposed upon the Licensee
in the event Licensee is found by the Common Csuncil to
have subsequently violazed alcohol beverage laws or
ordinances, €or which d suspension or revocation could be
imposed.
1
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Dated this __ day of , 1998.
col4PLAInwT:
JOHN R. 3OWSON, LLOYD 5. MCIHWE,
CHEIF OF POLICE REGISTERED AGENT
CITY OF MUSKEGO:
By :
DAVID L. DE ANGELIS, MAYOR
APPROVED BY:
TIMOTHY P. GARRITY LAW OFFICE SCHOBER h SCHOBER, S.C.
0 By : TIXOTHY P. GARRITY
ATTORNEYS FOR COMPLAINANT
ARENZ. MOLTER, HACY h RIFFLE, S.C.
By :
WNALD S. MOLTER, JR.
ATTOEWEYS FOR CITY OF WUSKEGO