ALDERMAN GARY MAHKORN PRESIDING

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1 MINUTES OF A REGULAR MEETING OF THE LEGISLATIVE & LICENSING COMMITTEE HELD ON TUESDAY, JUNE 5, 2018 AT 7:15 P.M. IN THE SELIGENSTADT (MAIN) CONFERENCE ROOM, 2000 NORTH CALHOUN ROAD, BROOKFIELD, WISCONSIN ALDERMAN GARY MAHKORN PRESIDING MEMBERS PRESENT: Alderman Gary Mahkorn-Chair, Alderman Brad Blumer, Alderman Bill Carnell, Alderman Buck Jurken, Alderman Jeff McCarthy OTHERS PRESENT: City Attorney Jenna Merten, Deputy City Clerk Renee Tadych 1. Alderman Mahkorn noted a quorum was present and called the Legislative & Licensing Committee to order at 7:15 p.m. He welcomed Attorney Jenna Merten and introductions were made. 2. The next regularly scheduled meeting will be held on Tuesday, June 19, Minutes of the May 15, 2018 meeting. Motion by Alderman Carnell, seconded by Alderman McCarthy to approve the May 15, 2018 meeting minutes. Motion carried unanimously. 4. New Business a. Follow up report on granting of Class B fermented alcohol beverage licenses to Chipotle (2 locations) from Asst. City Attorney. A memo dated June 5, 2018, from Assistant City Attorney Julie Aquavia was reviewed by the Committee. (See attached.) Alderman McCarthy and Alderman Jurken felt it was a missed opportunity. Alderman Jurken stated he would have voted no in granting Chipotle their license. Alderman Jurken asked how we prevent this in the future. Alderman Mahkorn felt policy should be established to tell us of violations. Chronologically, the timing of this wasn t good. The Committee shouldn t be a rubber-stamp committee nor does it want to diminish credibility. It is a delicate balance. It was asked how often compliance checks are done by the Police Department. The Clerk thought two per year. It was suggested that maybe more would be conducted and felt a discussion with the Police Chief was in order to discuss that.

2 b. Original Bartender Licenses. Bonkoski, Deborah A. Horick, Douglas Pawlowski, Devin T. Bounds, Jalean M. Jimenez, Rony O. Pinkos, Jacquelyn M. Espino, Erika I. Jost, Sally J. Quilling, Michelle R. Evans, Codie D. Kessenich, Jacob M. Rick, Diana M. Fisher, Brooke C. LaPointe, Carrie M. Sanfillippo, Peter A. Fuentes, Liliana Y. Leach, Nicholas A. Thone, Andrew M. Fuhrman, Elliott J. Leon, Vanessa Weinberg, Samuel L. Garcia, Isamar Nichols, Mary P. Williams, LaVante L. Grover, Megan M. c. Renewal Bartender Licenses. * Anzivino, Tina K. Klamrowski, Randy T. Olsen, Morgan M. Basterash, Duane L. Knox, Vern N. Ortiz, Irving F. Day, Jeffry S. Krause, Gregg P. Rauen, Michael R. Dufek, Christine M. Mainville, Ashley L. Rodriquez, Juan Foppe, David R. Manning, Kevin M. Woida, Lindsey E. Gordon, Patricia A. Marek, Diane M. Greene, Cheryl A. Matthews, James C. Janzer, Joseph M. Merz, Steven A. Kaminski, Sharon L. Nichols, Jessica L. d. Renewal Alcohol Licenses. Class B Beer Portillo s Hot Dogs, LLC; d/b/a: Portillo s Hot Dogs W. Bluemound Road; Agent: Jacqueline D. Stanley Class B Beer & Class C Wine BTH Pizza, LLC; d/b/a: Blaze Pizza W. Bluemound Road; Agent: Paul S. Thompson Café Manna LLC; d/b/a: Café Manna 3815 N. Brookfield Road, Suite 100; Agent: Robin S. Kasch Class A Beer & Liquor Trader Joe s East, Inc.; d/b/a: Trader Joe s # W. Bluemound Road; Agent: Jeffrey J. Clark June 5, 2018 Legislative & Licensing Committee Pg 2 of 5

3 Class B Beer & Liquor Bailey, Belva, Louise; d/b/a: Belle s Castle Inn W. Greenfield Avenue; Belva L. Bailey Bravo Brio Restaurant Group Inc.; d/b/a: Bravo Cucina Italiana 95 N. Moorland Road, A-147; Kate M. Meyer Luby s Fuddruckers Restaurants LLC; d/b/a: Fuddrucker s W. Bluemound Road; Agent: Debra L. Everett Marty s Brookfield Inc.; d/b/a: Marty s Pizza W. Bluemound Road; Agent: Edward H. Bautz Sydney Lee Inc.; d/b/a: Maxim s Restaurant W. Capitol Drive; Agent: Dimitri Glavas North Star West Inc.; d/b/a: North Star American Bistro W. Capitol Drive; Agent: Michael T. Stoner Restaurant of Brookfield Inc.; d/b/a: Parkside Pilgrim Square Road; Agent: George N. Flees WB Hotels LLC; d/b/a: Residence Inn By Marriott 950 S. Pinehurst Court; Agent: Mark A. Ostendorf Andy Rad Inc.; d/b/a: Saloon on Calhoun with Bacon W. Capitol Drive; Agent: Jennine M. Paoli McZars IV LLC; d/b/a: Slim McGinn s Irish Pub W. Lisbon Road; Agent; Julie L. Baker Central Florida Restaurants Inc.; d/b/a: TGIFriday s W. Bluemound Road; Agent: John L. Hartnell Jr. Westmoor Country Club Inc.; d/b/a: Westmoor Country Club 400 S. Moorland Road; Agent: Ann M. Cekosh Motion by Alderman Carnell, seconded by Alderman Jurken, to approve Items (b) Original Bartender licenses, (c) Renewal Bartender Licenses and (d) Renewal Alcohol licenses. Motion carried unanimously. e. Temporary Class B Retailer s Licenses - Beer. Brookfield Bulldogs Elmbrook Baseball Association Independence Drive June 5, 2018 Legislative & Licensing Committee Pg 3 of 5

4 Brookfield Bulldogs Backyard Bash Tournament Wirth Park Baseball Fields (Beer sold/served in pavilion) Friday, June 15, :00 a.m. to 10:00 p.m. Saturday, June 16, :00 a.m. to 10:00 p.m. Sunday, June 17, :00 a.m. to 10:00 p.m. Contact and Original Bartender: Cindee Guy Village of Brookfield Ltd 2848 N. Brookfield Road, Suite 4 Brookfield Beer Garden Hoffman Avenue (beer sold/served in municipal lot) Thursday, June 21, :00 p.m. to 9:30 p.m. Original Bartenders: Jeff Hansen and Jean Lane Contact: Jeff Hansen Alderman Carnell asked if proof of insurance was received for the Brookfield Beer Garden event as it is on City property. The Clerk responded it isn t required for this application. Motion by Alderman McCarthy, seconded by Alderman Jurken to approve Temporary Class B Retailer s Licenses Beer for the above applicants. Motion carried unanimously. f. Fireworks User Permit. ******************* City of Brookfield 2000 N. Calhoun Road July 4 th Family Fest Mitchell Park, (River Road and Mitchell Park Drive) Wednesday, July 4, :17 p.m. Thursday, July 5, :17 p.m. (rain date) Pyrotechnician: Spielbauer Fireworks Company Contact: Bill Kolstad Motion by Alderman Jurken, seconded by Alderman McCarthy to approve a Fireworks User Permit to the above applicant. Motion carried unanimously. ******************* Motion by Alderman McCarthy, seconded by Alderman Blumer, to adjourn the Legislative & Licensing Committee meeting. Motion carried unanimously. Meeting adjourned at 7:27 p.m. Minutes respectfully submitted by Deputy City Clerk Renee Tadych June 5, 2018 Legislative & Licensing Committee Pg 4 of 5

5 ASSISTANT CITY ATTORNEY Julie A. Aquavia 2000 North Calhoun Road Brookfield, Wisconsin (262) Fax (262) aquavia@ci.brookfield.wi.us June 5, 2018 To: Re: Legislative and Licensing Committee Licensing of Chipotle restaurants at May 15, 2018, meeting status update At the May 15 meeting Alderman McCarthy asked if we could postpone in order to take action not renew Chipotle s licenses because the same violations occurred two years in a row during the Police Department s compliance checks (failure to have a licensed bar tender on premises). I said that there was a statute that requires a municipality to act on renewal applications that had been received by a certain date by a certain date. I believed we had missed the cutoff for such action and therefore had to proceed with the application before the Committee. I was wrong. The Clerk informed me the next day that those dates did not apply in this situation as the application had to be in by April 15 and that Chipotle s application was complete on April 16, and thus did not fall within the group that had to be acted on. 1 We would have been able to postpone and give them proper notice of nonrenewal and schedule a nonrenewal hearing before the expiration of their license at the end of June, had the Committee chosen to do so. Further review of the statute shows it is applicable to Class B - intoxicating liquor licenses and not Class B fermented malt beverages, which is what Chipotle had applied for, so I confused that as well. At the meeting the Committee and staff discussed getting information about violations earlier and to check up on Chipotle and we indicated we could. Mary Schultz has asked the Police Department to conduct 4 random compliance checks of Chipotle over the next 6 months, so that we could have a better sample of their practices and will know about any violations sooner. I apologize for this error. It would have been better for me to ask for time to look into the question, rather than try to provide an answer on the spot. 1 The statute provides that the governing body must meet no later than May 15 annually and act on those applications it received on or before April 15, no later than June (1)(c), Stats. June 5, 2018 Legislative & Licensing Committee Pg 5 of 5