Loading...
RLO19970929RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD THURSDAY, SEPTEMBER 29, 1994 isThe meeting was called to order at 7:15 P.M. by Chairman Taube. Also present were Committee Member Woodard and Misko (arrived at 7:20 P.M.) and Mayor De Angelis and those per the attached list. Mayor De Angelis noted that he would not be a part of the discussion because of a potential conflict of interest in that the corporation that he is a part of still holds a license. Ald. Woodard noted that the meeting was noticed on September 23, 1994, in accordance with the Open Meeting Law. The Committee further reviewed the proposed amendments to Liquor License Ordinance. Ald. Woodard read the attached correspondence from Scott Krause, Muskego Lakes Country Club, which were requested to be read and become part of the official minutes. Attorney Molter's Opinion of August 23, 1994, along with Chief Johnson's memorandum of September 23, 1994, which is also attached, were reviewed and discussed. Mr. Dick Schaumberg voiced his concern with Chief Johnson's memorandum and wanted it stated that none of the License Holders have in any way advocated underage drinking. Representatives from the Woods Road Tap, Bushy's Pub, William Supper Club, Country Squire Supper Club, Schaumberg's Suburban • House, Stage Coach Inn, Muskego Moose Lodge, Hunter's Nest, Pioneer Inn, and Art Dyer (Cowtown Development) all voiced strong objection to the Committee and Chief Johnson's proposed intent to put unrealistic restrictions on their livelihood. Ald. Woodard requested that all licensees be noticed of all future meetings that deal with any proposed amendments to the Liquor License Ordinance. • Ald. Woodard moved to recommend leaving Liquor License Ordinance in its present form and refer back to the Finance Committee without any new recommendations as she felt that the City Attorney's correspondence plainly indicated that most suggestions were in violation of state statutes. The motion died for lack of a second. The Committee requests that Attorney Molter research requirements listed in the State Statutes as to the period of time a business can be closed before a Municipality can revoke or suspend a license and also that Chief Johnson be in attendance at the October 13, 1994 meeting. Ald. Misko moved to adjourn the meeting at 9:02 P.M. Seconded by Ald. Woodard, motion carried. Respectfully submitted, /cma Ald. Donna M. Woodard Secretary n U l<d„Q W� ���//� Cy, //�P" n Lo September 17, 1994 City of Muskego Rules, Laws & Ordinances Committee P.O. Box 12 Muskego, WI 53150 Gentlemen: Since my son Mark and I must be out of town and cannot attend this meeting I sincerely request that the following remarks be entered into the public record. I have carefully read the suggested ordinance changes, Mr. Molter's response and the applicable state law. Our principle objection is to the suggested prohibition against sale or transfer to another person at another location as well as the underlying philosophy involved. • The State of Wisconsin established the quota system for licenses. This then created an artificial value for such licenses, beyond that created by owners in building goodwill. That value then became a part of the value of any going business. To suddenly decide, for example, that there are too many licenses in a municipality, does away with that value. Granted, the value was artificial to begin with, created by restricted supply doing away with competition. No one knows how many licenses would be applied for if there were no artificial limit imposed but, that limit wasn't imposed by the owners but by the State. Who will then compensate the owners for their loss? Would you impose such limits on Real Estate, Plumbers, Electricians, or others requiring licenses? Oh, I forgot - tavern owners are inducing kids to drink. But, Chief Johnsion specifically stated that our taverns don't target underage drinkers. So, why make us the target? How do we protect ourselves if a kid "says" he got it in our establishment? How do we protect ourselves if we irritate a politician or the Chief and become the target of numerous "stings" (actually entrapment and fraud which are illegal if done by individuals)? Why isn't the underage person punished for committing a fraud on the owner? Why is the owner punished for mistakes of his employees - especially when, in large establishments like ours, he can't be in all places at all times. The state law is very specific. It states: • 125.04(12) "Every alcohol beverage license or permit may be trans- ferred to another place or premises within the same municipality." It places NO limits on this action by the licensee. 5100 W14020 Loomis Road 0 Muskego, Wisconsin 53150 0 Teleohone (414) 425-6500 125.04(12)(b)4 "If the business is sold or assigned, the license may be transferred to the successor owner or assignee at no charge • if a. He or she complies with the requirements applicable to original applicants; and b. He or she is acceptable to the issuing authority and consent to the transfer is given by the issuing authority." In short, the City has the ultimate say in approving the new applicant anyway. Why abrogate State law? Is this just another way to reduce the number of taverns? In conclusion, every licensee in Muskego and elsewhere has seen a drastic drop in alcohol consumption over the past few years. Ours has declined about 35% even though golfers can't drink and play the game. Even so, we don't want to serve underage people - we go to great lengths under difficult conditions to prevent it. Besides, our police department admits that almost all underage people caught drinking have obtained the alcohol somewhere other than at a local tavern. Wouldn't it make more sense to control underage drinking by punishing those caught - particularly those who buy it for the underaged - rather than targeting taverns and restaurants? It appears however, that the suggested ordinance discussed above is aimed at prohibition of all drinking - not just control of underage drinking. To suggest that a license be revoked after a given number of violations is to invite political reprisal against those who make the mistake of irritating an official. • I would remind this committee that prohibition of alcohol didn't work - it created more drinkers, not fewer while giving birth to the Mafia with its crime and violence. We've seen the same thing with the "drug war"- it hasn't reduced drug use but it has created more druggies, crime and violence just as alcohol prohibition did. It all comes down to supply and demand. When supply is restricted prices rise and demand increases. The favored few will profit, society will suffer but, the authorities will gain more power. Sincerely, Scott F. Krause, Owner/Manager. 0 MUSKEGO POLICE DEPARTMENT W183 S8150 Racine Avenue 679-4112 Muskego, WI. 53150 • September 23, 1994 TO: Honorable Mayor David De Angelis Members of the Rules, Laws & Ordinance Committee FROM: Chief Johnson I feel it necessary to respond to Mr. Krause's letter of September 17, 1994. Mr. Krause touched on a number of issues; I will address several. The reduction of the number of taverns in our City through attrition is a benefit to the community. For some reasons, people seeking an opportunity to run their own business tend to look to the tavern business to fulfill that entrepreneur dream. The dream, in most cases, is not successfully fulfilled mostly because our contemporary society is recognizing the terrible effect the abuse of alcohol has on our society and is limiting consumption. The human toll, as well as economic drain as a result of alcohol abuse, is only now being realized. Those taverns that fit into the category of revolving owners/oper- ators are usually prone to be the problem. Over -serving people and serving underage persons result from the need to be profitable. A reduction in the number of those taverns from our community would go towards the overall health of the community. The remaining businesses would be more profitable and be better business citizens. The established successful owners generally discipline their clientele better and, could absorb customers from the less successful businesses. This shift of clientele would tend to limit the problems we have with over -serving and underage consumption. Alcohol and the abuse of it (not always consumed in taverns) amounts to a lopsided percentage of the causal factors in many of the problems within our society. In particular, alcohol abuse problems with our youth are alarming. Strict enforcement of laws pertaining to the sale, use, and general license operation is being pursued by this Department. In addition to taverns, adults selling alcohol to minors and the use by minors are all being vigorously prosecuted. Tavern owners, parents and the underage population need to understand that they are responsible for their actions. Tavern owners need to increase supervisary measures to ensure the law is followed. Parents need to assume control of their children and underage people need to assume responsibility for themselves. • cc: Scott Krause