CM102199-SchweitzerHrg
COMMON COUNCIL - CITY OF MUSKEGO (Approved 11/9/99)
MINUTES OF SPECIAL MEETING AND HEARING HELD OCTOBER 21, 1999
The meeting was called to order at 7:37 PM by Mayor De Angelis. Also present were
Aldermen Slocomb, Le Doux, Patterson, Pionek, Salentine and Sanders, City Attorney
Molter, Clerk-Treasurer Marenda and Court Reporter Beth Zimmerman. Ald.
Chiaverotti was absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the Open
Meeting law.
The Mayor stated the purpose of the meeting was to hold a hearing in the matter of
Revocation or Suspension of Class “B” Retailer’s License for the Sale of Fermented
Malt Beverages of Charles A. Schweitzer d/b/a Wagon Wheel Stable.
The Notice of Closed Session was read by the Clerk-Treasurer.
Atty. Molter advised this hearing is regarding the license of Charles Schweitzer and
whether to revoke or suspend that license. A complaint has been filed in this matter by
John Johnson who is Muskego’s Police Chief, and a Summons was issued. The
appearances were Atty. Tim Garrity for Chief Johnson who was also present and Atty.
Randy Kaiser for Charles Schweitzer who was also present along with his wife. Atty.
Molter advised he is the City Attorney representing the Council as the trier of fact in this
case.
Atty. Molter asked if the licensee and his attorney were familiar with the contents of the
complaint, and Atty. Kaiser responded “yes”. Atty. Kaiser advised that after discussion
with Atty. Garrity, his client would stipulate to an 8-month suspension commencing on
November 1, 1999 ending on June 30, 2000. Atty. Garrity stated that is also his
understanding, and that for the record Mr. Schweitzer will stipulate to each and every
fact in the complaint as a basis for the stipulation. Atty. Molter asked if both Attorneys
and their clients realize that it is up to the Common Council if they accept the
stipulation. Both attorneys responded their clients understood that.
Atty. Garrity put into evidence the Complaint as filed containing 13 separate violations,
and reviewed it with the Council. The basis for the stipulation as discussed with Chief
Johnson is that it is a substantial and significant suspension which is being stipulated
to. Atty. Garrity recommended that the Council impose the penalty as stated in the
stipulation and Chief Johnson stated he concurred.
Atty. Garrity called Mr. Schweitzer adversely at this time to form a basis for the
stipulation. Mr. Schweitzer was sworn in by the court reporter. Atty. Garrity asked Mr.
Schweitzer if he was the owner of the Wagon Wheel Stable located at W124 S7975
North Cape Road in the City of Muskego; that on June 16, 1999 police officers from the
City came to his establishment as a result of having many underage people drinking;
that he was present at the time this was going on; that he understood that at this
hearing the City has many of the people who were at that place that night as well as the
police officers and is prepared to give support and prove each and every charge in this
complaint; but you’ve agreed to stipulate to the facts in this complaint as being true and
correct; and you do not wish the City to proceed with the hearing in the sense of calling
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Revocation/Suspension Hearing - Charles A. Schweitzer
October 21, 1999
witnesses and so forth. And to each of these questions, Mr. Schweitzer responded
“yes”.
Atty. Kaiser asked Mr. Schweitzer how long he owned and operated the Wagon Wheel
Stables, and he responded the stables were started in 1980 and the lounge in 1986.
Atty. Kaiser asked since when have you first served beer, and Mr. Schweitzer said
since 1986. He also asked if he had any previous suspensions, and Mr. Schweitzer
said “no”.
Atty. Garrity asked if Atty. Kaiser stipulated to the entry into evidence in this matter as
support for the stipulation the complaint that was filed by Chief John Johnson with the
City Clerk in this matter. Atty. Kaiser responded “yes”.
Atty. Molter asked Mr. Schweitzer if he understood that under the law, specifically
125.12, that this body if they thought the allegations of the complaint were true, could
suspend his license only for a maximum of 90 days, but they could chose to revoke the
license for 12 months. Mr. Schweitzer responded “yes”. Atty. Molter asked Mr.
Schweitzer if he understood that if the Council accepts the agreement made by him and
his attorney that then it will be suspended for 8 months because he is agreeing to that.
Mr. Schweitzer responded that was okay with him.
Ald. Patterson questioned if Mr. Schweitzer blatantly allowed the minors to enter, and
Atty. Molter advised he has admitted the allegations in the complaint. Ald. Patterson
commented that although the suspension was significant, he expressed concern about
his ability to renew his license.
Ald. Slocomb moved to accept the stipulation of the parties to suspend the Class
“B” Retailer’s License for the Sale of Fermented Malt Beverages of Charles A.
Schweitzer d/b/a Wagon Wheel Stable for a period commencing on November 1,
1999 through June 30, 2000. Ald. Le Doux seconded. Ald. Patterson asked if the
stipulation could include language that this could be again reviewed at time of renewal.
Atty. Molter advised against it, because the punishment for the violation would have
been served. Atty. Garrity stated he would advise the Police Department not to enter
into such a stipulation. The Mayor felt at time of renewal conditions could be imposed
on the renewal license to place 3, 6, 9 mos. review provisions, which would not usurp
his right for due process, without using this violation as grounds for non-renewal.
Motion carried 6-0.
Ald. Salentine moved that the Council hereby orders, based upon the stipulation
of the parties which has been approved on the record by motion of the Council,
that the Class “B” Retailer’s License for the Sale of Fermented Malt Beverages of
Charles A. Schweitzer d/b/a Wagon Wheel Stable license is suspended effective
November 1, 1999 through June 30, 2000. Ald. Sanders seconded. Motion
carried 6-0.
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Revocation/Suspension Hearing - Charles A. Schweitzer
October 21, 1999
Ald. Slocomb moved to adjourn at 8:12 PM. Ald. Le Doux seconded. Motion
carried.
The full and complete minutes of the hearing were taken by a Court Reporter, and a
transcript may be obtained.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer