The Safety and Licensing Committee is meeting 01/08/2025 at 5:30PM.
They have three items on the agenda that were held at the 12/11/2024 meeting.
The first is the Bartender/Operator License for Kelly. At the time she submitted her application, the applicant had two criminal cases against her that were pending in the court system, one was for misdemeanor possession of cocaine and felony bail jumping the other was for felony possession with intent to sell cocaine.
Initially, the City Attorney’s Office had drafted a memo recommending that because those cases had not yet been resolved they should not figure in to the discussion about whether or not to approve the license. After the memo was drafted but prior to the committee meeting, Kelly pled guilty to the misdemeanor cocaine possession charge and, as part of that plea deal, the felony bail jumping charge was read into the record. The remaining case for the felony possession of cocaine with intent to sell remains ongoing with a trial date set for April of 2025.
Assistant City Attorney Zak Buruin has drafted a new memo in light of Kelly’s recent plea deal. “If it is determined that this offense is substantially related to the activity to be licensed, Ms. Arndt is ineligible for a license under Chapter 125 unless she is able to provide competent evidence of rehabilitation. There is a basis to conclude that the offense is substantially related to the licensed activity in that it involves the irresponsible and unlawful usage and possession of intoxicating substances, particularly [sic] while under enhanced legal obligations. The enhanced legal obligation comes from her status on a criminal bond versus being a holder of an Operator’s license, but it is an additional aspect of substantial relation between the offense and the licensed activity.”
Given the recent nature of her conviction, it is unlikely that she will be able to meet the criteria in State Law for automatically demonstrating rehabilitation and so would need to rely upon the discretion of the Safety and Licensing Committee to determine if she is suitably rehabilitated. Attorney Buruin notes that the still pending criminal charge should still not play into any decision regarding the license and concludes that Kelly’s “recent conviction leaves her ineligible for the license sought. This ineligibility is subject to her ability to provide competent evidence of sufficient rehabilitation. It will be up to the Committee and Council to weigh that evidence and utilize sound discretion to determine whether any such evidence is competent to show sufficient rehabilitation. If so, the license must be granted. If not, it may not be granted.”
The second is the alcohol license revocation for Speakeasy Ultra Lounge. The owner had asked for the item to be held until the 01/08/2025 meeting in order to give him extra time to complete the sale of the business and surrender his license. Doing this would allow the new business owner to apply for an alcohol license immediately rather than having to wait 6 months as they would if the license was revoked. The information in the meeting’s agenda packet does not currently indicate whether the sale of the business has gone through or whether the license has been surrendered.
The third is the alcohol license application for Delaire’s. This item had initially been recommended for approval by the committee but then referred back to the committee for a second look after concerns were raised that there was a possibility 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. They also spoke with the David Boulanger who stated he did not plan on having any sort of gambling machines at all.
The item was held until the 01/08/2025 committee meeting at the request of Mr. Boulanger’s who said in a letter, “At this time, my client needs the additional time to meet with community members and those who have special interest in the business. The additional time will further allow my client the ability to provide the Committee with more information concerning their business operations.”
The committee will also be taking up a bartender/operators license application for an applicant named Katherine. The Police Department is asking that the application be denied. Katherine has three Operating While Intoxicated convictions on her records, one from an incident in 2011, one from an incident in 2012, and one from an incident in 2021. While 9 years of no OWI convictions is commendable, the Police Department believes her third arrest in 2021 and conviction in 2022 indicate she “has not shown she has learned her lesson from the first two arrests, and her pattern of drunk driving behavior is concerning.” They believe through her “prior OWI convictions that she has not demonstrated the necessary maturity and decision-making capacity to be allowed a bartender’s license in the City of Appleton.”
Additionally, the committee will be voting on a second hand article dealer license renewal and two temporary alcohol license applications.
As information items, they will receive the Gold Cross Ambulance Annual Review as well as review recent alcohol establishment demerit point violations.
Broken Tree Pizza was recently assessed 120 demerit points for dispensing alcohol to minors and having to no licensed operator on the premises. Mr. Frogs was assessed 160 points for having underaged persons on the premises and dispensing alcohol to minors.
View full meeting details here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1237592&GUID=44C848DE-932E-4BC3-9443-E3F5FAEB985C
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