CCR1999169COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #169-99
AUTHORIZING THE ISSUANCE OF A SUMMONS AS TO
COMPLAINT REGARDING THE
FERMENTED MALT BEVERAGE LICENSE OF
CHARLES A. SCHWEITZER
WHEREAS, The City of Muskego received a Complaint against Charles A. Schweitzer
d/b/a Wagon Wheel Stable on October 6, 1999; and
WHEREAS, The Finance Committee has recommended the issuance of a summons
pursuant to Wisconsin Statutes to command the appearance of the licensee at a
hearing to be held on Thursday, October 21, 1999 at 7:30 p.m. before the Common
Council to determine if Class "B" Retailers License for the Sale of Fermented Malt
Beverages should be revoked or suspended.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby authorize
the Clerk at an appropriate time before hearing to issue a summons as to complaint
received regarding the Fermented Malt Beverage License of Charles A. Schweitzer
d/b/a Wagon Wheel Stable.
- DATED THIS 12th DAY OF OCTOBER ,1999.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David J. Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #169-99 which was
adopted by the Common Council of the City of Muskego.
10/99jmb
To: City Council
City of Muskego
Muskego, Wisconsin
COMPLAINT TO TEIE CITY OF MUSKEGO,
WAUKESHA COUNTY, WISCONSIN,
AGAINST CRARLES A. SCHWEITZER D/B/A WAGON WHEEL STABLE
The complainant, POLICE CHIEF JOHN JOHNSON, a resident of the City of
Muskego, Waukesha County, Wisconsin, hereinafter complainant, for a complaint
against Charles A. Schweitzer, d/b/a Wagon Wheel Stable located at W124 S7975 North
Cape Road, in the City of Muskego, Waukesha County, Wisconsin, hereinafter licensee,
pursuant to Wisconsin Statutes, Sections 125.07 and 125.12, and City of Muskego
Ordinance No. 12.01, having first been duly sworn on oath alleges on information and
belief as follows:
Complainant is the Chief of Police for the City of Muskego and is a resident of
the City of Muskego. Charles A. Schweitzer of W124 S7975 North Cape Road, in the
City of Muskego, Waukesha County, Wisconsin, d/b/a Wagon Wheel Stable is an
individual who owns, operates, and does business as Wagon Wheel Stable, a riding stable
and bar located at W124 S7975 North Cape Road, in the City of Muskego, Waukesha
County, Wisconsin and said person holds alcohol beverage licenses issued by the City of
Muskego as set forth on attached Exhibit No. 1, which is incorporated herein by
reference.
COUNT ONE: On June 16, 1999, at approximately 9:00pm, Jessica Clark
(date of birth 7/22/80) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in violation
of Wis. Stats. $125.07, by a person tending bar at said premises and while Charles A.
Schweitzer, licensedowner, was present in the bar.
COUNT TWO On June 16, 1999, at approximately 9:00pm, Julie A
Schwalbach, (date of birth 9/18/79) a person under the legal drinking age of twenty-one,
not accompanied by a parent, guardian, or spouse who had attained the legal drinking
age, at the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the
City of Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an
alcohol beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in
violation of Wis. Stats. $125.07, by a person tending bar at said premises and while
Charles A. Schweitzer, licensedowner, was present in the bar
COUNTTEIREE: On June 16, 1999, at approximately 9:OOpm, Sarah M
Peebles, (date of birth 12/18/80) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in violation
of Wis. Stats. $125.07, by a person tending bar at said premises and while Charles A.
Schweitzer, licensedowner, was present in the bar
COUNTFOUR On June 16, 1999, at approximately 9:00pm, Robin D
Lobe, (date of birth 4/4/79) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in violation
of Wis. Stats. $125.07, by a person tending bar at said premises and while Charles A.
Schweitzer, licensedowner, was present in the bar
COUNT FIVE: On June 16, 1999, at approximately 9:30pm, Shannon M
Pirelli, (date of birth 4/25/81) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in violation
of Wis. Stats. $125.07, by a person tending bar at said premises and while Charles A.
Schweitzer, licensedowner, was present in the bar
COUNT SIX: On June 16, 1999, at approximately 9:30pm, Tracy Kenvin,
(date of birth 2/20/81) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in violation
of Wis. Stats. $125.07, by a person tending bar at said premises and while Charles A.
Schweitzer, licensedowner, was present in the bar.
COUNT SEVEN: On June 16, 1999, at approximately 9:30pm, Timothy D
Lierman, (date of birth 1/23/80) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section'l25.02(1), and in violation
of Wis. Stats. $125.07, by a person tending bar at said premises and while Charles A.
Schweitzer, licensedowner, was present in the bar,
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COUNT EIGHT: On June 16, 1999, at approximately 9:00pm, Michael G
Briggs, (date of birth 10/23/80) a person under the legal drinking age of twenty-one, not
accompanied by a parent, guardian, or spouse who had attained the legal drinking age, at
the bar at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol
beverage within the meaning of Wisconsin Statutes, Section 125.02(1), and in violation
of Wis. Stats. 5125.07, by Charles A. Schweitzer, licensedowner.
COUNT NINE: On June 16, 1999, a minor child, R.L.G., (date of birth
10/28/81) to wit: a seventeen (17) year old female, a person under the legal drinking age
of twenty-one, not accompanied by a parent, guardian, or spouse who had attained the
legal drinking age, at the bar at Wagon Wheel Stable, located at W124 S7975 North Cape
Road, in the City of Muskego, Waukesha County, Wisconsin, entered and was allowed
and permitted to remain upon said licensed premise in violation of Wisconsin Statute
Section 125.07 (3) (a) (b).by Charles A. Schweitzer, licensedowner.
COUNT TEN: On June 16, 1999, Nicholas D. Moore, (date of birth
4/29/81) a person under the legal drinking age of twenty-one, not accompanied by a
parent, guardian, or spouse who had attained the legal drinking age, at the bar at Wagon
Wheel Stable, located at W124 S7975 North Cape Road, in the City of Muskego,
Waukesha County, Wisconsin, entered and was allowed and permitted to remain upon
said licensed premise in violation of Wisconsin Statute Section 125.07 (3) (a) (b), by
Charles A. Schweitzer, licensedowner
COUNT ELEVEN: On June 16, 1999, Michael V Erno, (date of birth 1/12/79)
a person under the legal drinking age of twenty-one, not accompanied by a parent,
guardian, or spouse who had attained the legal drinking age, at the bar at Wagon Wheel
Stable, located at W124 S7975 North Cape Road, in the City of Muskego, Waukesha
County, Wisconsin, entered and was allowed and permitted to remain upon said licensed
premise in violation of Wisconsin Statute Section 125.07 (3) (a) (b), by Charles A.
Schweitzer, licensedowner.
COUNT TWELVE: On June 16, 1999, Jessica L. Doty, (date of birth 5/14/79) a
person under the legal drinking age of twenty-one, not accompanied by a parent,
guardian, or spouse who had attained the legal drinking age, at the bar at Wagon Wheel
Stable, located at W124 S7975 North Cape Road, in the City of Muskego, Waukesha
County, Wisconsin, entered and was allowed and permitted to remain upon said licensed
premise in violation of Wisconsin Statute Section 125.07 (3) (a) (b), by Charles A.
Schweitzer, licensedowner.
COUNT THIRTEEN: On June 16, 1999 at approximately 9:OO p.m., Lisa
A. Joehnk, (date of birth 10/14/80), a person under the legal drinking age of twenty-one,
not accompanied by a parent, guardian, or spouse who had attained the legal drinking
age, at Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of
Muskego, Waukesha County, Wisconsin, ordered and was served a rum and coke drink,
to wit: an alcohol beverage within the meaning of Wisconsin Statutes, Section 125.02(1),
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and in violation of Wis. Stats $125.07 and 5125.09 by one Charles A. Schweitzer,
licensedowner, who was then and there working on the premises as a bartender and said
action is and was contrary to the terms, conditions, and restrictions of the alcohol
beverage license issued to and held by Charles A. Schweitzer d/b/a Wagon Wheel
Stables; and hrther said Lisa A. Joehnk entered and was allowed and permitted to remain
upon said licensed premise in violation of Wisconsin Statute section 125.07(3) (a)(b), by
Charles A. Schweitzer, licensedowner
Each of the above stated incidents violates Chapter 125 of the Wisconsin Statutes,
including Wis. Stats 5125.07, and City of Muskego Ordinances, including Ordinance No.
12.01, and licensee committed other violations of said statute andor city ordinance
within one year preceding the violations set forth in this complaint. Said preceding
violations are as follows:
Preceding Violations
On June 16, 1999, at approximately 7:00pm, Roger L Kregelka, date of birth
6/18/80, a person under the legal drinking age of twenty-one, not accompanied by his or
her parent, guardian, or spouse who had attained the legal drinking age, at the bar at
Wagon Wheel Stable, located at W124 S7975 North Cape Road, in the City of Muskego,
Waukesha County, Wisconsin, entered and was allowed and permitted to remain upon
said licensed premise in violation of Wisconsin Statute Section 125.07 (3) (a) (b), by
Charles A. Schweitzer, licensedowner
On June 16, 1999, at approximately 8:30pm, Steven Skalla, date of birth 6/18/80,
a person under the legal drinking age of twenty-one, not accompanied by his or her
parent, guardian, or spouse who had attained the legal drinking age, at the bar at Wagon
Wheel Stable, located at W124 S7975 North Cape Road, in the City of Muskego,
Waukesha County, Wisconsin, ordered and was served beer, to wit: an alcohol beverage
within the meaning of Wisconsin Statutes, Section 125.02(1) and in violation Wis. Stats.
5125.07 by a person tending bar at said premises and while Charles A. Schweitzer,
licensedowner was present in the bar.
Complainant believes that the information contained in this Complaint is true and
reliable because as to each violation complainant was, as the Chief of Police, the
command officer directing the police investigation, knows the police officers who
observed the violations to be trutfil and reliable, and each municipal citation issued in
conjunction with said violations was based upon an investigation by said officers.
Further, complainant has reviewed the police reports and other records of the City of
Muskego, believes them to be reliable, and has found them to consistently be reliable in
the past.
COMPLAINANT REQUESTS that a Summons issue, that a Hearing be
scheduled and held before the Common Council of the City of Muskego, and that the
alcohol beverage licenses held by Charles A. Schweitzer d/b/a Wagon Wheel Stable for
the premises located at W124 S7975 North Cape Road, in the City of Muskego,
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Waukesha County, Wisconsin, be suspended or revoked, all pursuant to Wisconsin
Statutes, Section 125.12, and relevant ordinances ofthe City ofMuskego.
Dated at Muskego, Wisconsin, this k; day of October, 1999.
Chief of Muskego Police Department
Subscribed and sworn to before me
thisway ofCkA-4,- , 1999
Waukesha County, W&onsin
MY commission expires 4'- 3- m.
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SEAL
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