CCR2008046-Stipulation and Determination 021208
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
OF SHUJAL GROUP INC. D/B/A/ CITGO
A. STIPULATION OF THE PARTIES.
IT IS HEREBY STIPULATED by and between the parties CAPTAIN JOHN Z. LA
TOUR, a police officer for the CITY OF MUSKEGO POLICE DEPARTMENT,
hereinafter referred to as "Complainant", and Navdeep Singh, as agent for the
Shujal Group Inc., D/B/A CITGO; 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 February 12, 2008 with the City of Muskego a
document entitled, "Complaint To The City Of Muskego, Waukesha
County, Wisconsin Against The Shujal Group Inc. and Navdeep Singh,
Agent”.
2) Upon the filing of the Complaint, the Common Council of the City of
Muskego, pursuant to Resolution #045-2008, on February 12, 2008
authorized the issuance of a Summons by the City Clerk.
3) That the Summons was issued on February 12, 2008.
4) That said Summons and a copy of the Complaint were served upon
Navdeep Singh, agent for the Shujal Group Inc., D/B/A CITGO on
February 12, 2008.
5) That the premises that are the subject matter of this Stipulation are
S66 W14501 Janesville Road, Muskego, Wisconsin.
6) John Z. La Tour is a resident of the City of Muskego.
7) On Monday August 18, 2007, two on-duty City of Muskego Police
officers entered the Class 'A" establishment, the CITGO gas station
located at S66 W14501 Janesville Road and subsequent investigation
revealed that the sole employee at the Class “A" establishment,
identified as Ram M. Ram Patel, did not hold a valid bartenders
license, to wit: an unlicensed bartender within the meaning of
Wisconsin Statutes § 125.04(1).
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8) On Thursday, September 6, 2007, two on-duty City of Muskego Police
Officers conducted a licensed premises check of the CITGO station
located at S66 W14501 Janesville Road, a Class "A” establishment.
Subsequent investigation resulted in contact with the on-duty clerk,
who identified himself with an Illinois I.D. as Ramubhai Mohaanlal
Patel and that Patel did not hold a valid bartenders license, to wit: an
unlicensed bartender within the meaning of Wisconsin Statutes §
125.04(1).
9) On Friday October 19, 2007 two on-duty City of Muskego Police
Officers conducted a licensed premise check of the CITGO station
located at S66 W14501 Janesville Road, a Class "A” establishment.
Officers made contact with the on-duty clerk, who identified herself as
Alkaben S. Patel. It was determined that Patel did not have a valid
bartender’s license to sell alcoholic beverages and claimed to not be
selling alcoholic beverages. The officers observed and noted that
alcoholic beverages were on display for sale in public view, which
requires a license, to wit: an unlicensed bartender within the meaning
of Wisconsin Statutes § 125.04(1).
10) Each of the above stated incidents violates Wisconsin Statutes
§125.04(1) and Muskego Ordinance No. 12.125.04(1).
11) On each occasion the agent and license holder, Navdeep Singh, was
cited and convicted of unlicensed bartender on premises, to wit: an
unlicensed bartender within the meaning of Wisconsin Statutes §
125.04(1).
12) A copy of the alcoholic beverage license of the Shujal Group Inc.
D/B/A CITGO, Navdeep Singh, agent, is attached hereto, made a part
hereof and marked Exhibit 1.
13) On each violation date set forth in the complaint the Class "A”
premises was open for business and was also in violation of Section
125.32(2), WIS. STATS. in that there was no one on the premises that
possessed a valid license issued under Section 125.32, WIS. STATS.,
that the licensee was not on the premises, and that the agent was not
on the premises.
14) That the parties agree that the alcoholic beverage license of the
Shujal Group Inc., D/B/A CITGO, Navdeep Singh, agent, is hereby
suspended for ____ days commencing on the ____ day of February
2008.
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DATED this 12 day of February 2008.
COMPLAINANT LICENSEE
Captain John Z. La Tour Navdeep Singh, Agent for
A police officer for the Shujal Group Inc. D/B/A/
City of Muskego CITGO
_____________________________ __________________________
B. DETERMINATION.
Based upon the above Stipulation, it is hereby determined by the Common
Council of the City of Muskego as follows:
1) That the incidents stated in Paragraphs 7,8 and 9 of the Stipulation violate
Wisconsin Statutes §125.04(1) and Muskego Ordinance No. 12.125.04(1),
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.
2) That the incidents stated in Paragraphs 7, 8 and 9 of the Stipulation
violate Wisconsin Statutes § 125.32(2) and said allegations as set forth in
the Complaint and stipulated to above are found to be true.
3) That the licensee and holder of a Class "A” license is responsible for all
acts of its employees and/or agents.
4) The alcoholic beverage license of Navdeep Singh, agent for the Shujal
Group, D/B/A CITGO is hereby suspended for _____ days commencing
on the ______ day of ________________, 2008
DATED this _____ day of February 2008.
I, JANICE MOYER, Clerk of the City of Muskego, do hereby certify that members
of the Common Council voted ____ to ____ adopt these Stipulations and
Determinations on this ____ day of February 2008.
JANICE MOYER, City Clerk
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