CCR2006239.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #239-2006
APPROVING THE STIPULATION AND
ENTERING THE DETERMINATIONS REGARDING THE
FERMENTED MALT BEVERAGE LICENSE OF
JOHNNY'S PETROLEUM PRODUCTS, INC.
WHEREAS, LIEUTENANT JOHN Z. LA TOUR, a police officer for the CITY OF
MUSKEGO POLICE DEPARTMENT, hereinafter referred to as "Complainant", and
JOHNNY'S PETROLEUM PRODUCTS, INC., by its Vice President and Registered
Agent Jack P. Strasser, hereinafter referred to as "Licensee", have entered the attached
Stipulation.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego hereby approves the Stipulation and enters the Determinations attached
hereto.
Dated this 12th day of December, 2006.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #239-2006 which
was adopted by the Common Council of the City of Muskego.
12/2006
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COpy
. STIPULATION OF THE PARTIES
AND DETERMINATION MADE BY THE
COMMON COUNCIL OF THE CITY OF MUSKEGO
IN THE MATTER OF:
REVOCATION OR SUSPENSION OF CLASS "A"
RETAILERS LICENSE FOR THE SALE OF
FERMENTED MALT BEVERAGES
JOHNNY'S PETROLEUM PRODUCTS, INC.
A. STIPULATION OF THE PARTIES
IT IS HEREBY STIPULATED by and between the parties LIEUTENANT JOHN Z.
LA TOUR, a police officer for the CITY OF MUSKEGO POLICE DEPARTMENT,
hereinafter referred to as "Complainant", and JOHNNY'S PETROLEUM
PRODUCTS, INC., by its Vice President and Registered Agent Jack P. Strasser,
hereinafter referred to as "Licensee", that in lieu of a hearing as to the above-
mentioned matter, the parties stipulate and agree as follows and request that the
Common Council of the City of Muskego enter a determination as set forth in this
stipulation.
. 1. There was filed on December 6, 2006 with the City of Muskego a
document entitled, "Complaint to the City of Muskego, Waukesha County,
Wisconsin, Against Johnny's Petroleum of Muskego, and Jack P.
Strasser, Registered Agent."
2. Upon the filing of the Complaint, the Common Council of the City of
Muskego, pursuant to Resolution # ?3R -2006, on December 12,2006
authorized the issuance of a Summons by the City Clerk.
3. That the Summons issued on December 12, 2006.
4. That said Summons and a copy of the Complaint were served upon
Johnny's Petroleum Products, Inc. by serving its Vice President and
Registered Agent Jack P. Strasser on December 12, 2006.
5. That the premises which is the subject matter of this stipulation is S76
W17871 Janesville Road, Muskego, Wisconsin.
6. John Z. La Tour is a resident of the City of Muskego.
7. On March 9, 2006, a twenty year old person entered the convenience
store at Johnny's Petroleum Products, Inc., D/B/A Johnny's, at S76
W 17871 Janesville Road, in the City of Muskego, Waukesha County, .
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Wisconsin, and ordered and was sold a twelve pack of beer, to wit: an
alcohol beverage within the meaning of Wisconsin Statutes,
S125.07(1)(a)(2), by one Lynn N. Scaffidi, the cashier working on the
premises.
8. On August 29, 2006, a twenty year old person entered the convenience
store at Johnny's Petroleum Products, Inc., D/B/A Johnny's, at S76
W17871 Janesville Road, in the City of Muskego, Waukesha County,
Wisconsin, and ordered and was sold a twelve pack of beer, to wit: an
alcohol beverage within the meaning of Wisconsin Statutes
S125.07(1 )(a)(2), by one Trisha C. Taloff, the cashier working on the
premises.
9. Each of the above stated incidents violates Wisconsin Statutes S125.07
and Muskego Ordinance No. 12.01.
10. On each occasion the cashier working on the premises was convicted of
selling alcohol beverages, to wit: fermented malt beverages, to underage
persons in violation of the aforementioned statutes and ordinances.
11. On each occasion Jack P. Strasser, vice president and registered agent
for Johnny's Petroleum Products, Inc., D/B/A Johnny's, was on the
premises.
12. That the second incident referred to in Paragraph 8 above occurred within
one year of the preceding violation referred to in Paragraph 7 above.
13. A copy of the alcoholic beverage license of Johnny's Petroleum Products,
Inc. is attached hereto, made a part hereof and marked Exhibit 1.
14. That the parties agree that the alcoholic beverage license of Johnny's
Petroleum Products, Inc. is hereby s~ended for /6 days
commencing on the / day of ~ JOV!4C1 n1 ,2002.
\...J
DATED this 12th day of December, 2006.
COMPLAINANT
LIEUTENANT JOHN Z. LA TOUR
A Police Officer for the CITY OF ::~E::ENT
'n 0a Tour
LICENSEE
JOHNNY'S PETROLEUM PRODUCTS, INC.
BY:~P~ ck P. Strasser
Vice President & Registered Agent
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B. DETERMINATION
Based upon the above Stipulation, it is hereby determined by the Common
Council of the City of Muskego as follows:
15. That the incidents stated in Paragraphs 7 and 8 of the Stipulation violate
Wisconsin Statutes ~125.07 and Muskego Ordinance No. 12.01, which
are municipal regulations adopted under Wisconsin Statutes ~ 125.10 and
said allegations as set forth in the Complaint and stipulated to above are
found to be true.
16. That the incident referred to in Paragraph 8 of the Stipulation was a
violation within one year of the preceding violation referred to in
Paragraph 7 of the Stipulation.
17. The alcoholic beverage license of Johnny's Petroleum Products, Inc. is
hereby suspended for I () days commencing on the I day of
:)cùnuà. Vi ,200~.
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DATED this 12th day of December, 2006.
I, JANICE MOYER, Clerk of the City of Muskego, do hereby certify that members of the
Common Council voted '7 to 0 to adopt these Stipulations and
Determinations on this 12th day of December, 2006.
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