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CCR1994017COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #17-94 RESOLUTION APPROVING FINDING OF FACTS AND DETERMINATION IN THE MATTER OF REVOCATION OR SUSPENSION OF "CLASS B" RETAILER'S LICENSE FOR THE SALE OF FERMENTED MALT BEVERAGES AND ALPINE LANES OF MUSKEGO, INC. INTOXICATING LIQUORS OF BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve the attached Finding of Facts and Determination in the matter of revocation or suspension of "Class B" Retailer's License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of Alpine Lanes of Muskego, Inc. based on information obtained at the Hearing held in this matter January 24, 1994. DATED THIS 24TH DAY OF JANUARY , 1994. SPONSORED BY: CITY OF MUSKEGO COMMON COUNCIL Patrick A. Patterson Donna M. Woodard Brian R. Misko David D. Taube William H. Schneider David J. Sanders Edwin P. Dumke This is to certify that this is a true and accurate copy of City of Muskego. Resolution #17-94 which was adopted by the Common Council of the 1/94 jmb Y C' y Clerk FINDINGS OF FACT AND DETERMINATION MADE BY THE COMMON COUNCIL OF.THE CITY OF MUSKEGO IN THE MATTER OF: REVOCATION OR SUSPENSION OF “CLASS B“ FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS RETAILERS’ LICENSE FOR THE SALE OF OF ALPINE LANES OF MUSKEGO. INC. A. FINDINGS OF FACT 1. 2. 3 4. 5. 6. 7. There was filed on January 4, 1994 with the City of Muskego a document entitled, “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“. Upon the filing of the Complaint, the Common Council of the City of Muskego, pursuant to Resolution #5-94, on January 11, 1994 authorized the issuance of a Summons by the City Clerk. That the Summons issued on January 17, 1994. That said Summons and a copy of the Complaint were served upon Alpine Lanes of Muskego, Inc That a hearing was held at the City of Muskego, City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin, at Licensee appeared as required by the Summons and denied 7:OO p.m. on January 24, 1994 at which time the the Complaint and both the Complainant and the Licensee had the opportunity to produce witnesses, cross-examine witnesses and be represented by counsel. That the premises which was the subject matter of the hearing is located at S80 W18700 Apollo Drive, Muskego, Wisconsin. On June 29, 1993, a minor child, to-wit: a seventeen (17) year old female person, entered the bar at the Alpine Lanes of Muskego, Inc , d/b/a Alpine Lanes at S80 W18700 Apollo Drive, in the City of Muskego, Waukesha County, Wisconsin, and ordered and was served beer, to-wit: an alcohol beverage within the meaning of Wisconsin Statutes, §125.02(1), by one Michael K. Ermisch, a licensed bartender working on the premises. The bartender working on the premises was convicted of beverages to minors in violation of Wisconsin Statutes serving alcoholic beverages, to-wit: fermented malt and Muskego ordinances. 8 On October 2, 1993, a pinetee, (19) year old person and a seventeen (17) year old person entered the bar at Alpine Lanes of Muskego, Inc., d/b/a Alpine Lanes at S80 W18700 Apollo Drive, in the City of Muskeqo, Waukesha County, Wisconsin, and ordered and was served beer, to-wit: an alcohol beverage within the meaing of Wisconsin Statutes, 5125.02(1), The bartender working on the premises was convicted of serving alcoholic beverages, to-wit: fermented malt beverages to minors in violation of Wisconsin Statutes and Muskego ordinances. ~bjl. a bartender working on the premises. 9. On November 5, 1992, a twenty (20) year old person entered the bar at Alpine Lanes of Muskeco, inc , d/b/a Alpine Lanes at S80 W18700 P.pol10 Drive, in the City of Muskego, Waukesha County, Wisconsin, and ordered and was served beer, to-wit: an alcohol beverage wichin the meaning of Wisconsin Statutes, §125.02(1), by one Michael K. Errnisch, a lice~sei bartencer vorkinc on the premises. The. bartender wor'king on the :remises was convicted of serving alcoholic beveracss, to-,wit fermented malt beveraces to minors in viclation of Wisconsin Statutes and Musks20 ordinances 10. That the underaged persons referred to ir ParqrEphs 7, 8 and 9 of the Findings at the time of tk incident in question were not accompanied by his or k:er parent, guardian or spouse who had obtained the 1zqrl drinking age. 11. A copy of the alcoholic beveraces licens? of P-lpine Lanes of Muskego, Inc. is attached hereto, made a part , hereof and marked Exhibit "1" ,. B DETXRMiNP.TION 12. Each incident stated at Paracraphs 7, 8 rnd 9 violates Wisconsin Statutes, S125.07 2nd Muskego Crdinapce 512.01, which are municipal regulations Edopted under Wisconsin Statutes 5125.10 and said allecations were set forth in the Complaint as stated abaGe ere found to be true. -2- 13. The alcoholic beverages license of Alpine Lanes of Muskego, Inc. are hereby suspended for 15 days commencing on the 1st day of February, 1994 through the 15th day of February, 1994. 14. The City Clerk shall give notice of each suspension or revoked. revocation to the person whose license is suspended or DATED THIS 24TH DAY OF JANUARY, 1994. I, JEAN K. MARENDA, Clerk of the City of Muskego, do hereby certify that members of the Common Council voted 9 to 0 to adopt these Findings of Fact and Determinations on this 24th day of January, 1994. MA RENDA, City Clerk -3-