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ccm19940124COMMON COUNCIL CITY OF MUSKEGO MINUTES OF SPECIAL MEETING AND HEARING HELD JANUARY 24, 1994 The meeting was called to order at 7:02 PM by Mayor De Angelis. Also present were Aldermen Patterson, Dumke, Misko, Sanders, Attorney Don Molter. Schneider, Taube and Woodard, City Clerk Marenda and City matter of revocation or suspension of "Class B" Retailers' The Mayor announced the Hearing would now take place in the License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of Alpine Lanes of Muskego, Inc. The Clerk read the Summons served upon Alpine Lanes of Muskego, Inc. and the 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 signed by John Johnson, resident of the City of Muskego and Chief of Muskego Police Department. The Mayor asked Mr. Lloyd McIndoe, who was representing himself, if he admitted or denied the allegations. He responded that he admitted some of them but not all. 0 Johnson, was represented by Atty. Timothy P. Garrity. Witnesses At this time the hearing proceeded. The complainant, John for the complainant were called as follows: City Clerk Jean Marenda and the submittal of Exhibit C-1 (copy of "Class B" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquors). Exhibit C-1 was admitted as evidence by a vote of 7-0. Chief John Johnson and the submittal of the following exhibits: Exhibit C-2 (Copy of Citation #G16902 and Register of Actions - David L. Furru for permitting underage person to purchase beer, violation date 10/02/93, and copy of Citation underage person to purchase beer, violation date 10/02/93); #G16903 and Register of Actions - David L. Furru for permitting Exhibit C-3 (Copy of Citation #G16944 and Register of Actions - Monte R. Whiteaker, Sr. for Bartender Serving Minor, violation date 10/02/93, and copy of Citation #16945 and Register of Actions - Monte R. Whiteaker, Sr. for Bartender Serving Minor, violation date 10/02/93); Exhibit C-4 (Copy of Citation G16740 and Register of Actions - Michael K. Ermisch for Serving Alcohol Beverage to Underage Person, violation date 6/29/93, and copy of Citation #M45968 and Register of Actions - Michael K. Ermisch for Sale 'of Alcohol Beverage to Underage Person, violation date by a vote of 7-0. 11/05/92. Exhibits C-2, C-3 and C-4 were admitted as evidence Other witnesses were: Police Officer Rene; Police Officer Zambo and the submittal of Exhibit C-5 a photograph of Amy J. I Minutes of Special Common Council Meeting and Hearing - January 24, 1994 Page Two Berth, a 17 yr. old served beer at Alpine Lanes on 10/2/93 and were admitted as evidence by a vote of 7-0. Witnesses continued served beer at Alpine Lanes on 10/2/93. Exhibits C-5 and C-6 with Amy Berth; Sheri Ziesmer; and Detective Schilling. Mr. Lloyd McIndoe took the stand on his own behalf. The full and complete minutes of the hearing were taken by a Court Reporter, and a transcript may be obtained. Upon conclusion of the Hearing, Patterson moved to convene into Deliberating concerning a case which was the subject of any Closed Session pursuant to State Statute 19.85(1)(a), judicial or quasi-judicial trial or hearing before that governmental body, more specifically concerning the matter of revocation or suspension of "Class E" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of Alpine Lanes of Muskego, Inc. Taube seconded. Motion carried @ Exhibit C-6 a photograph of Chad A. Lauritsen, a 19 yr. old 7-0. After the Closed Session, the Council reconvened into open session to continue with agenda items. Determination In The Matter of Revocation or Suspension of Reso. #17-94 - Resolution Approving Finding of Facts and Beverages and Intoxicating Liquors of Alpine Lanes of Muskego, "Class B" Retailers' License for the Sale of Fermented Malt Inc. The Finding of Facts and Determination was read, indicating a suspension of the "Class B" Retailers' License of Alpine Lanes for 15 days commencing on February 1, 1994 through February 15, 1994. Patterson moved for adoption. Schneider seconded, carried 7-0. Taube moved to adjourn at 12:07 AM. Misko seconded, carried. Respectfully submitted, K Marenda, CMC ty Clerk jm