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CCR1994134'. a COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #134-94 RESOLUTION APPROVING F"T'S A- IN THE MATTER OF REVOCATION OR SUSPENSION OF "CLASS B" N RETAILER'S LICENSE FOR THE SALE OF FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS OF 5 LI DqLL JEFFREY L. BOSANAC d/b/a JEFF'S BLACK DUCK BE IT RESOLVED that the Common Council of the City of Muske o does hereby approve the attached Fi-n-d g/f%?& D-in the matter of revocation or suspension of "Class B" Retailer's License for the Sale of Fermented Malt Beverages and Intoxicating Liquors of Jeffrey L. Bosanac d/b/a Jeff's Black Duck.b& nn i712 +hi q -; SPONSORED BY: CITY OF MUSKEG0 COMMON COUNCIL Patrick A. Patterson Donna M. Woodard Brian R. Misko David D. Taube Domonic R. D'Acquisto David J. Sanders Edwin P. Dumke This is to certify that this is a true and accurate copy of City of Muskego. Resolution #134-94 which was adopted by the Common Council of the 6 5/94 jmb 0 STIPULATION IN THE MATTER OF: REVOCATION OR SUSPENSION OF "CLASS B" RETAILERS' LICENSE FOR THE SALE OF FERMENTED MALT BEVERAGES AND INTOXICATING LIQUORS OF JEFFREY L. BOSANAC d/b/a JEFF'S BLACK DUCK IT IS HEREBY STIPULATED by and between the Complainant, the Licensee and the City of Muskego and approved by their respective attorneys the following stipulated settlement of the complaint concerning the above matter dated May 6, 1994 1. The Licensee admits all of the allegations of the complaint. 2. The Licensee admits all of the attached Findings. 3. The Licensee is fearful that his license will be revoked for a period of 12 months and, therefore, wishes to enter this agreement. 4. The Licensee agrees in lieu of going through the hearing and taking the risk of having his license revoked for 12 months, that he is agreeable to voluntarily having his license r a period of 40 days from 12:Ol a.m. , 1994, t&e" - 5. That as the current license terminates on June 30, 1994, the Licensee has submitted his application for 1994-1995 license with the normal fee and the license is renewed in a suspended form, but not issued until the period of suspension is completed. 6. The City shall not use the allegation of this complaint as a basis for a future non-renewal proceeding as Licensee is receiving the suspension this stipulation. Dated this >< day of , 1994. COMPLAINANT: By: APPROVED BY: TIMOTHY GARRITY LAW OFFICE KERSHEK LAW OFFICES RIFFLE, S . C. -2- FINDINGS OF FACT 1 2. 3. 4. 5. 6. 7. 8. There was filed on May 6, 1994 with the City of Muskego Waukesha County, Wisconsin, Against Jeffrey L. Bosanac a document entitled, "Complaint to the City of Muskego, D/B/A Jeff ' s Black Duck". Upon the filing of the Complaint, the Common Council of May 10, 1994 authorized the issuance of a Summons by the City of Muskego, pursuant to Resolution #111-94, on the City Clerk. That the Summons issued on May 16, 1994. That said Summons and a copy of the Complaint were served upon Jeffrey L. Bosanac. Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin, at That a hearing was held at the City of Muskego, City did e appear as required by the Summons 7:OO p m. on May 25, 1994 at which time the Licensee -t; both the Complainant and the Licensee witnesses and be represented by counsel; had the opportunity to produce witnesses, cross-examine a1-s nf tk -LIIL. That the premises which was the subject matter of the hearing is located at W145 S8016 Schultz Lane, Muskego, Wisconsin On March 18, 1994, Muskego Police Officers Todd Nelson and David Adamczyk entered Jeff's Black Duck at W145 58016 Schultz Lane, in the City of Muskego, Waukesha County, Wisconsin, and observed the business to be open and operating. Bryan L. Blanchard identified himself to Officer Nelson as the bartender on duty. Bryan L. Blanchard was not at said time a licensed bartender, and there was no licensed bartender on the premises supervising Blanchard's bartending activity As a result, Blanchard was cited for Unlicensed Bartending and Jeffrey L. Bosanac, licensee, was cited for Permitting Unlicensed Bartending at Jeff's Black Duck. Unlicensed Bartending and Permitting Unlicensed Bartending at Jeff's Black Duck violated the provisions Wisconsin Statutes Sections 125.04, and 125.32, and of Chapter 125 of the Wisconsin Statutes, including Muskego Ordinances No 12.01 (which adopts Chapter 125, Wisconsin Statutes), and 12.01 (11, and 12 01 (9) (c) . On February 10, 1994, Muskego Police Officer Richard Rens entered Jeff's Black Duck at W145 S8016 Schultz Lane, in the City of Muskego, Waukesha County, cp c-7: 2-eYle"t cf tke. '0 Wisconsin, and observed the business to be open and operating. officer Rens observed that the bartender on the premises was Bryan L. Blanchard, who was not a observed that there was no licensed bartender licensed bartender at said time. Officer Rens also result, Blanchard was cited for Unlicensed Bartending supervising Blanchard's bartending activity. As a and Jeffrey L. Bosanac, licensee, was cited for Permitting Unlicensed Bartending at Jeff's Black Duck. Unlicensed Bartending and Permitting Unlicensed Bartending at Jeff's Black Duck violated the provisions of Chapter 125 of the Wisconsin Statutes, including Wisconsin Statutes Sections 125.04, and 125.32, and Muskego Ordinances No. 12.01 (which adopts Chapter 125, Wisconsin Statutes), and 12.01(1), and 12.01(9) (c) . 9 On August 3, 1993, Muskego Police Officer Craig being fired in the vicinity of Jeff's Black Duck at Simuncak investigated a complaint that gun shots were W145 Sf3016 Schultz Lane, in the City of Muskego, Waukesha County, Wisconsin Officer Simuncak entered Jeff's Black Duck and observed that the person tending bar was one Blair E Mitchell, who was not a licensed bartender at said time Officer Simuncak observed that supervising Mitchell's bartending activity. As a there was not a licensed bartender on the premises result, Mitchell was cited for Unlicensed Bartending and Jeffrey L. Bosanac, licensee, was cited for Permitting Unlicensed Bartending at Jeff's Black Duck. Unlicensed Bartending and Permitting Unlicensed Bartending at Jeff's Black Duck violated the provisions of Chapter 125 of the Wisconsin Statutes, including Wisconsin Statutes Sections 125.04 and 125.32, and Muskego Ordinances No. 12.01 (which adopts Chapter 125, Wisconsin Statutes) , and 12.01 (1) , and 12.01 (9) (c) . 10. On September 15, 1991, Muskego Police Officer Michael Rakers responded to a report of an unruly patron in Jeff's Black Duck at W145 58016 Schultz Lane, in the City of Muskego, Waukesha County, Wisconsin. Officer Rakers observed that the person who was working as bartender and who was operating the tavern was one Theresa Moore, who was not a licensed bartender at said time. Officer Rakes also observed that there was no licensed bartender supervising her bartending activity. Theresa Moore also falsely identified herself to Officer Rakers. As a result, Theresa Moore was cited for Unlicensed Bartending and Obstructing an Officer and Jeffrey L. Bosanac, licensee, was cited for Permitting Unlicensed Bartending at Jeff's Black Duck. Unlicensed Bartending and Permitting Unlicensed Bartending at Jeff's Black Duck violated the provisions -2- '0 of Chapter 125 of the Wisconsin Statutes, including Muskego Ordinances No. 12 01 (which adopts Chapter 125, Wisconsin Statutes Sections 125.04 and 125.32, and Wisconsin Statutes), and 12.01 (1) , and 12.01 (9) (c) . 11. On September 1, 1991, Muskego Police Officers David Hendrickson and Michael Rakers performed a routine located at W145 S8016 Schultz Lane, in the City of licensed premise inspection at Jeff's Black Duck, Muskego, Waukesha County, Wisconsin. After the two officers entered the tavern, two underage female patrons were observed leaving the premises by Sergeant Steven Kukowski, who apprehended the twenty year old females. The two underage females were cited for being Underage Persons in a Licensed Premises. The bartender, Shellee L. Dietrich, was cited for contrary to Wisconsin Statutes and Muskego Ordinances. Permitting Underage Persons on a Licensed Premise, The above stated incident violates Wisconsin Statutes Section 125 07 and Muskego Ordinance No. 12 01. 12. On June 18, 1988, Muskego Police Officers investigated a report of a nude female dancer performing at Jeff's Black Duck, located at W145 S8016 Schultz Lane, in the City of Muskego, Waukesha County, Wisconsin. Muskego clothing in Jeff's Black Duck. Said female person Police Officers observed a female struggling with her advised Muskego Police Officers that she had been engaged in nude dancing in Jeff's Black Duck. Said Jeffrey L. Bosanac, licensee, was cited for Obstructing female was cited for Lewd and Lascivious Conduct. Lieutenant Daley during the course of his investigation an Officer for providing false information to of the incident in violation of Muskego Ordinance No. 9.946 41 (1) 13. At each of the incidents referred to in Paragraphs 7, Jeff's Black Duck was open and operating for serving of 8, 9 and 10 of these Findings, the business known as alcoholic beverages and there was no licensed bartender or the licensee, Jeffrey L Bosanac, supervising each of the unlicensed bartenders referred to in Paragraphs 7, 8, 9 and 10 of these Findings. 14. That the two underaged females referred to in Paragraph 11 of these Findings were on the licensed premises at a time when they were not accompanied by a parent, guardian or spouse and they were not transacting business or employees or residents of the premises at the time stated in Paragraph 11 of the Findings. -3- 15. That at the time referred to in Paragraph 12 of these Findings, Jeffrey L. Bosanac, licensee, did obstruct an officer by providing false information to Lieutenant Daley during the course of his investigation of the incident referred to in Paragraph 12 of the Findings. 16. On October 16, 1991, Jeffrey L. Bosanac, licensee, appeared before the Finance Committee of the City of Muskego regarding the September 1, 1991, incident at Jeff's Black Duck involving underage persons in the tavern The Finance Committee recommended Jeffrey L. Bosanac increase vigilance to prevent recurrences. 17. On September 22, 1993, Jeffrey L. Bosanac, licensee, Muskego at the request of the Finance Committee, appeared before the Finance Committee of the City of regarding police reports from Muskego Police Chief John Johnson concerning continuing violations at Jeff's Black Duck. The Finance Committee warned Jeffrey L. Bosanac that additional violations could lead to suspension or revocation of the license issued to him to operate Jeff's Black Duck. 18. A copy of the alcoholic beverages license of Jeffrey L. Bosanac d/b/a Jeff's Black Duck is attached hereto, made a part hereof and marked Exhibit "1". -4- 8 o m m 2 - N- Y) 0 .