The Safety and Licensing Committee is meeting 12/11/2024 at 5:30PM.
It looks like it may be a longer meeting as they are dealing with requests to deny two separate operator/bartender licenses, one alcohol license revocation hearing, and the alcohol license application for Delaire’s which had been held by the Safety and Licensing Committee over concerns that the owner intended to install gaming machines at the business that were illegal under state law.
The first operator/bartender license is for an applicant named Kelly. The Police Department is asking that the license application be denied because she has been arrested and formally charged with misdemeanor possession of cocaine, felony possession with intent to sell cocaine, and felony bail jumping. Though the cases are still open, the application requires applicants to list any “pending” charges, citations, ticket etc. since the last application, but the applicant failed to note these recent charges.
Police Lieutenant Ben Goodin is requesting that the application be denied out of concern that the actions which led to her arrest evince poor decision-making and that bars are often locations where drugs are bought and sold and allowing her to continue holding a license in such an environment will increase the likelihood of her reoffending.
Assistant City Attorney Zak Buruin, on the other hand, is advising against denying the license given that the criminal cases are ongoing and no conviction has been handed down. Additionally, he notes that under state law, “The provision of false, misleading, or incomplete information on an alcohol license application does not, in and of itself, provide an independent justification to deny, revoke, or suspend an alcohol beverage license under Chapter 125.” He also mentions that there was a change in one of the cases that happened after Lieutenant Goodin drafted his memo. A search of the Wisconsin Circuit Court Access website indicates that she pleaded no contest to the misdemeanor charge of possession of cocaine while the charge of felony bail jumping was dismissed but read into the record.
The second operator/bartender license is for an applicant named Crystal. She appeared before the committee earlier this year as one of the people associated with the Corner Pub. This time she is facing the denial of her operator/bartender application. The Police Department is requesting her application be denied because she is currently on probation and one of the rules for her probation is to not possess or consume alcohol. Per Lieutenant Goodin, “She would be in direct violation of her probation rules if she were to obtain a bartender’s license.” Additionally, Assistant City Attorney Buruin notes in his memo that Crystal was convicted of Batter, a class A misdemeanor which has a substantial relationship with the licensed activity and is considered an “exempt” offense which means that the licensing authority can deny her due to that offense and does not have to provide her the opportunity to demonstrate rehabilitation.
The liquor license revocation hearing is for the Speakeasy Ultra Lounge. The bar was recently assessed 145 demerit points for a violent interaction that took place between a bar bouncer and a patron in which the bouncer dragged the patron out of the bar and kicked him several times in the face while he was lying face down on the ground, did not pose any threat, and was not fighting.
These demerit points come on top of the 150 demerit points the establishment was assessed back in 2023 after an incident in which two semi-nude dancers performed for money in the bar during an event. As a result, the Speakeasy has accumulated at least 295 points over the course of 2023 and 2024. Appleton’s Municipal Code requires the revocation of the alcohol license for any establishment that accumulates 200 or more demerit points within a 36-month period.
The liquor license application for Delaire’s will also be taken up again. This item had been held by the Safety and Licensing Committee after concerns were raised that the owner intended to install gaming machines at the business that were illegal under state law. David, the owner of the establishment, has denied that he has any plans to do that and has retained an attorney to represent him.
The committee will also be voting on what appear to be some more routine matters including the purchase of load veering bests for the Police Department, the purchase of cardiac monitors for the Fire Department, and several license applications.
View full meeting details here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1227017&GUID=E1FFA19B-4922-4618-A273-CC1E8688F269
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