The Safety and Licensing Committee met 01/08/2025. One of the items they took up was the alcohol license application by David Boulanger for Delaire’s a College Avenue business he hopes to open. This item has been in and out of the committee for a couple months as they look into concerns that this establishment might be operated as a gambling lounge similar to one he had tried to open in the Village of Grafton rather than as a coffee house that also served a curated selection of spirits, wines, and craft beers as portrayed in the business plan.
The Police Department investigated the allegation and did not find any additional evidence supporting the allegation that the business was going to be run as a gambling lounge.
Mr. Boulanger and his attorney appeared at the 01/08/2025 committee meeting and presented a revamped business plan that indicated the business “will offer a diverse menu of drinks, like other bars that you would typically find in the Appleton area, except ours includes board games as our focus”.
Alderperson Katie Van Zeeland (District 5) was not a member of the committee but she encouraged the committee to include a stipulation in the license that no gambling machines be on the premises. The committee ended up voting unanimously to recommend the alcohol license be approved without any restrictions, but it would not surprise me if that issue was brought up again at the Common Council meeting on 01/15/2025.
I’ve prepared a transcript of the discussion for download:
Mr. Boulanger appeared with his attorney Emil Ovbiagele from Milwaukee. Mr. Ovbiagele told the committee that his client had “very potent aspirations” for the business and planned to move his family from West Bend to Appleton and be a part of the community. He said that Mr. Boulanger had been in Appleton a couple times “and he’s really fallen in love with Appleton, and most important importantly, as a father […] to autistic children, he just feels like the offerings in Appleton are probably more appropriate as his family continues—as his family continues to grow”.
The business had a seating capacity of 20 people. The planned hours of operation were o10AM to 10PM, not late at night like a nightclub, and it was intended to be a place where people could play regular board games. Mr. Ovbiagele stated, “[T]here will be no gaming machines in there. It’s going to be a board game spot.”
The business plan indicated “This business model has already been proven in West Bend, Wisconsin. The main competitive advantage of this establishment over other bars, is that Delaire’s offers a destination to play board games. You can grab a beer at any other bar in town, and they will all be the same. But where can you get a great craft beer to enjoy with friends over some fun games to keep the night exciting? Delaire’s is that answer.”
The business in West Bend that had already proved the model was The Boardroom, which Mr. Boulanger was not involved with personally but was run by his brother-in-law.
Alderperson Van Zeeland found the Facebook page for The Boardroom and pointed out that it advertised the fact that they had gaming machines and fully automated pay stations that paid out immediately just like in Las Vegas. Not being a member of the committee, she could take no action herself but she told the committee, “I would suggest that the committee consider a stipulation that would allow us to pull the liquor license should we approve this license and we find that there are machines like that in the establishment.”
Assistant City Attorney Zak Buruin said that this was something that could be included. Additionally, he noted that Appleton’s Municipal Code prohibited gambling devices, so the city would not have to rely only on State Law to prohibit such devices, which was good because there were “some unfortunate enforceability loopholes” pertaining to the State’s laws about gambling machines.
Mr. Ovbiagele added some further background on those enforceability issues, telling the committee, “[T]his is an area of law I’m very familiar with and especially as relates to the gaming laws in the state.” He noted the State ran the lottery which was the biggest gambling enterprise in Wisconsin. As pertained to gambling machines specifically, he said that if a business had 5 or fewer gambling machines, per State Statute, it became a non-criminal violation that could only be enforced by the Department of Revenue. “Do you know why it’s five? It’s five because once upon a time, the governor at the time’s brother was caught with exactly five machines.” His understanding was that it would take a state constitutional amendment to make gambling legal, so, as a run around that, lawmakers at the time made it non-criminal under certain conditions.
Alderperson Chad Doran (District 15) asked if the City Attorney’s Office recommended that a specific stipulation be placed on the license that would allow revocation of the license if gambling machines were found on the premises.
Assistant City Attorney Zak Buruin responded, “Is it strictly necessary? That is a judgment call that I leave to the committee and the council, but there is potential value in being a little bit more specific and tailoring the condition to these facts specifically.” [I took that to be a very professional way of saying that, yes, such a stipulation would be helpful to have in place.]
Alderperson Van Zeeland also asked about the possibility of including a stipulation that the business could only operate from 10AM to 10PM as laid out in their business plan. Mr. Boulanger did not indicate a desire to change his hours but there were some questions from the committee about what the process would be if he decided he did want to make alterations. Alderperson Doran was more open to including a stipulation regarding gaming machines but he had more concerns about restricting the hours of operation, saying, “I just want us to be careful about unfairly restricting a business from operating. If they have—if they plan to only operate till 10PM but have the option to go until 2AM based on state law I don’t know that it’s a good idea for us to restrict that.”
The committee ended up voting unanimously to recommend the license for approval without any sort of stipulation.
[To me it sounds like a no-brainer to include a specific stipulation that the license will be revoked if gaming machines are found on the premises. Mr. Boulanger previously tried to open a gambling business, his brother-in-law currently offers gambling in the business that Mr. Boulanger is using as the model for Delaire’s, a mysterious person Mr. Boulanger says he does not recognize used a key to enter Delaire’s and then later, while talking to the next door salon owner, gave the impression that gambling would take place on the premises, and the lawyer Mr. Boulanger hired to represent him is particularly familiar with gambling laws within the state. While I don’t think any of these are enough to warrant not granting the license at all, it does seem like it would be beneficial to make it very clear in the stipulations associated with the license that this activity that Mr. Boulanger has some close association with and has, in the past, expressed a desire to pursue, will not be tolerated in Appleton.”]
View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1237592&GUID=44C848DE-932E-4BC3-9443-E3F5FAEB985C
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