Public Health & Safety - City of Wausau
Public Health & Safety - City of Wausau
Public Health & Safety - City of Wausau
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OFFICIAL NOTICE AND AGENDA<br />
<strong>of</strong> a meeting <strong>of</strong> a <strong>City</strong> Board, Commission, Department, Committee, Agency,<br />
Corporation, Quasi-Municipal Corporation, or sub-unit there<strong>of</strong>.<br />
Meeting <strong>of</strong> the: PUBLIC HEALTH & SAFETY COMMITTEE<br />
Date/Time: Monday, December 20, 2010 @ 5:15 pm<br />
Location: <strong>City</strong> Hall (407 Grant Street) - Council Chambers<br />
Members: Lisa Rasmussen {c}, Sherry Abitz, Chris Barr, Gary Gisselman, Romey Wagner<br />
AGENDA ITEMS FOR CONSIDERATION (All items listed may be acted upon)<br />
1) Minutes <strong>of</strong> the Prior Meeting(s) - (11/15/2010)<br />
2) <strong>Public</strong> Hearing: Ordinance Creating Chapter 16.02.20, Purpose (Municipal<br />
definition <strong>of</strong> blight)<br />
3) Request for reinstatement <strong>of</strong> Tavern Entertainment License - Polack Inn, 1206 N.<br />
3rd Street (Ryan Shultz, Bruce Buchkoski)<br />
4) Various Licenses Applications<br />
5) Update on urban deer control - Erickson<br />
6) Consider changes to the Special Events Application regarding recycling.<br />
7) Amend Section 9.04.039 Synthetic cannabinoid prohibited<br />
8) Consider graffiti ordinance<br />
9) Tavern Activities / Compliance Checks / Law Enforcement Activities<br />
10) Communications<br />
Adjournment<br />
Lisa Rasmussen Rasmussen, Chairperson<br />
IMPORTANT: THREE (3) MEMBERS NEEDED FOR A QUORUM: If you are unable to attend the<br />
meeting, please notify Kelly by calling (715)261-6620 or via email kmichaels@mail.ci.wausau.wi.us<br />
This Notice was posted at <strong>City</strong> Hall and faxed to the Daily Herald newsroom on 12/17/2010 @ 10:30 a.m.<br />
Please note that, upon reasonable notice, efforts will be made to accommodate the needs <strong>of</strong> disabled individuals through appropriate<br />
aids & services. For information or to request this service, contact the <strong>City</strong> Clerk at (715) 261-6620.<br />
Other Distribution: Media, WSD-Admin, Council (Nagle, Brezinski, Havel, Klingbeil, Oberbeck, Gale), *Tipple, *Jacobson, *Michaels,<br />
*Hardel, *Buchberger, Sydow, Hebert, Erickson, Duncanson, Werth, Wesolowski, Lenz, Groat, Joe Blair- DPW
PUBLIC HEALTH & SAFETY COMMITTEE<br />
Date and Time: Monday, November 15, 2010, at 5:15 pm, (Birch Room)<br />
Members Present: Rasmussen (C), Wagner, Barr, Gisselman, Abitz<br />
Others Present: Hardel, Buchberger, Jacobson, Michaels, Goede, Ray Schwartz, Sharon Kroll, Eric Larsen, Pat<br />
Peckham<br />
Minutes <strong>of</strong> the Prior Meeting(s) - (10/18/2010)<br />
Motion by Wagner, second by Barr to approve the minutes <strong>of</strong> the previous meeting. (10/18/2010) Motion carried 5-<br />
0.<br />
Recommend a member <strong>of</strong> PH&S to the Mayor for appointment to serve on the <strong>City</strong>'s Bike / Pedestrian<br />
Advisory Committee.<br />
Rasmussen stated when this committee was formed and because it was a citizen based group, there was some<br />
discussion to also include individuals with experience in public health and safety, parking and traffic, and with road<br />
construction, striping and lining from CISM. She noted that Gisselman has already volunteered to be the<br />
representative from CISM but could serve in dual capacity for PH&S as well.<br />
Motion by Wagner, second by Barr to nominate Gary Gisselman to represent <strong>Public</strong> <strong>Health</strong> & <strong>Safety</strong> on the <strong>City</strong><br />
Bicycle and Pedestrian Advisory Committee. Motion carried 5-0.<br />
Consider tavern activities, licenses and premise amendment at Break Away, 1915 N 6th Street.<br />
Hardel reviewed a spreadsheet <strong>of</strong> service calls to Break Away that was generated in response to discussion at last<br />
month’s meeting regarding fights at the establishment. He noted there were a total <strong>of</strong> 15 fights in 2009 and in 2010<br />
there were a total <strong>of</strong> 24 to date. Some <strong>of</strong> the incidents were reviewed in detail by Hardel and Manager, Eric Larsen.<br />
Hardel stated there has to be something that management does to intervene way before the fight occurs; they need to<br />
recognize and anticipate conflict and assert themselves to protect the people in the establishment. He stated<br />
although they have been working with police, he did not feel enough was being done to this point because the<br />
incidents are still occurring at a regular rate. Wagner was concerned that only 20% <strong>of</strong> the reported calls were called<br />
in by staff <strong>of</strong> Break Away. He felt if patrons are calling police about incidents then something isn’t working right.<br />
Larsen stated that a lot <strong>of</strong> the calls by patrons were unfounded or were retaliatory for being kicked out.<br />
Rasmussen stated last month the Chief and the committee requested they bring a report back to the committee<br />
regarding a remediation plan on: how you have trained your staff, how many people are on staff, where they are<br />
positioned, what type <strong>of</strong> behaviors you’re looking for, what you’re not allowing on the premise, what happens and<br />
what response is triggered by your staff, and the expectations that you’re sharing with your staff and patrons. She<br />
stated this has not been done and before any request can be considered the committee needs to know what they have<br />
in place.<br />
Rasmussen pointed out in the Tavern Activities report there is a violent event in which a woman was hit with a chair<br />
in the “smoking room”, which is the third time the smoking room was open in direct violation <strong>of</strong> this committee’s<br />
direction and State law. Hardel stated there was alcohol being consumed in that room, as well and a citation was<br />
issued.<br />
Hardel read a report on recent activity with the smoking room and stated he felt Break Away management has been<br />
negligent in their duties to properly manage tavern activity on their property. He listed his concerns regarding their<br />
lack <strong>of</strong> management: management has not held tavern patrons accountable for their behavior; has not prevented<br />
dangerous or disorderly behaviors from occurring; has not anticipated behaviors early enough to prevent escalation<br />
<strong>of</strong> conflict; has not recognized dangerous or disorderly behaviors early enough to prevent escalation <strong>of</strong> conflict; has<br />
not complied with State law or <strong>City</strong> ordinances in reference to their smoking room; has not complied with State law<br />
or <strong>City</strong> ordinances in reference to keeping alcohol from leaving their licensed premise; and has been deceitful in<br />
their interactions with Officers when confronted on the smoking room issue. He therefore recommended to the<br />
<strong>Public</strong> <strong>Health</strong> & <strong>Safety</strong> Committee that Break Away’s Liquor license be suspended for one month and the Tavern<br />
Entertainment license be revoked for the remainder <strong>of</strong> the license year.<br />
Page 1 <strong>of</strong> 5
Gisselman questioned what the Tavern Entertainment exactly allowed. Michaels explained it allows them to have a<br />
band, DJ, or Karaoke on their premise. She noted it did not include a jukebox which is considered an amusement<br />
device, so they could play the jukebox without Tavern Entertainment.<br />
Anne Jacobson clarified that the <strong>City</strong> is not prosecuting the smoking room violations, which will be prosecuted by<br />
the District Attorney’s Office because it is a statutory violation. She explained it is the DA’s interpretation <strong>of</strong><br />
whether or not they comply with the law that is relevant. She pointed out that Roger Sydow approves Building<br />
Permits, but does not give legal opinions guaranteeing them that they are compliant. She stated the committee can<br />
rule on whether to allow alcohol in that area, but not smoking.<br />
Rasmussen felt there were security issues and no way to control the area in the back if there were a fight. She felt<br />
there was too serious a crowd <strong>of</strong> patrons to have an area segregated from the rest <strong>of</strong> the bar. Hardel agreed there<br />
was too much serious activity in the bar as it is and couldn’t believe they could even consider having another room.<br />
Motion by Wagner, second by Barr to approve an amendment to the premise to allow alcohol in the area in the back<br />
portion <strong>of</strong> the building formerly used as a Chiropractic Office. Motion failed 0-5.<br />
Rasmussen requested a vote on Chief Hardel’s recommendation. Wagner questioned if just revoking the Tavern<br />
Entertainment license would be enough to solve the problem. Abitz did not feel the entertainment was the problem,<br />
she felt it was the alcohol and the patrons. Hardel stated he believed it was a management issue overall, however, he<br />
also believed if they didn’t have entertainment a lot <strong>of</strong> clientele would not be there. Ray Schwartz stated if they<br />
took away the Tavern Entertainment license they would be basically closing down his business permanently.<br />
Rasmussen commented the Polack Inn told us the same thing, but they are still open. Schwartz stated the Polack Inn<br />
is a smaller establishment then Break Away. Wagner stated he supported the recommendation <strong>of</strong> the Police Chief.<br />
Motion by Wagner, second by Barr to suspend the Liquor license for 30 days and revoke the Tavern Entertainment<br />
license with the opportunity to re-apply at renewal time. Schwartz reiterated they were closing his business with this<br />
action and the bank will be taking his building. He stated they have been trying to work with the Police and most <strong>of</strong><br />
the incidents were resolved before Officers arrived because they resolved them. He stated they kick people out that<br />
start fights and don’t let them back in. Hardel stated there should be a consequence because they have been defiant,<br />
but if Schwartz did not agree with the recommendation then he should give the committee something else to<br />
consider. Michaels questioned if the suspension <strong>of</strong> the liquor license required a hearing by statute. She suggested<br />
they split the recommendation to afford the owners due process. Jacobson stated they would need to put together a<br />
verified complaint and issue a summons to appear at a hearing not less than 10 days from the issuance.<br />
Schwartz explained his establishment was not a typical “Mom & Pop” bar and his expenses were much higher. He<br />
stated if this happens it is done, his business is over and questioned if changing the music would be a solution to<br />
getting different clientele. Larsen asked if they would consider only suspending Tavern Entertainment and not the<br />
Liquor license to give them a chance to experiment with different music. Michaels stated the Council will consider<br />
the committee’s recommendation on December 14, 2010, which gives them approximately a month to experiment<br />
with the music and appeal on the Council floor. Hardel indicated he would take back his recommendation if they<br />
would <strong>of</strong>fer something else to consider. Schwartz indicated if the music was the problem he would change it, which<br />
may still be the end <strong>of</strong> his business, in the attempt to get a new crowd. Wagner suggested starting <strong>of</strong>f with just a<br />
Tavern Entertainment suspension and hold <strong>of</strong>f on the Liquor license. Schwartz did not feel his customers would<br />
come in to dance to a jukebox and they needed the Tavern Entertainment. Rasmussen stated they had a month<br />
before it goes to Council to change things and to try to convince the Council that it’s working. Wagner and Barr<br />
withdrew the original motion.<br />
Motion by Wagner, second by Barr to suspend the Tavern Entertainment license for three (3) months. Motion<br />
carried 4-0-1. Abitz abstained as a personal friend <strong>of</strong> Ray Schwartz.<br />
Consider graffiti ordinance.<br />
Rasmussen indicated Attorney Jacobson requested this be deferred to the next meeting because she had to leave.<br />
Page 2 <strong>of</strong> 5
Consider amendment to Section 5.20.020, Tavern Entertainment<br />
Rasmussen stated this amendment is for the purposes <strong>of</strong> clarification regarding outside entertainment. The verbiage<br />
Jacobson is proposing indicates that entertainment is to be confined to the inside <strong>of</strong> the premise until it is allowed<br />
outside and that activity must be in compliance with zoning. She explained there are certain zoning districts in the<br />
city that require all operations be conducted indoors and there are some taverns/night clubs in those districts.<br />
Michaels noted it clarifies where the entertainment can take place by stating that you are required to have an<br />
Entertainment License if you are a premise which holds a liquor license. Rasmussen felt it needs to be clearly stated<br />
on the license exactly what entertainment is permitted and where. Following discussion there was consensus to<br />
defer this item to the next meeting when Attorney Jacobson would be back for some additional direction.<br />
Tavern Activities / Compliance Checks / Law Enforcement Activities<br />
Hardel presented the Tavern Report for October 9, 2010 thru November 5, 2010. (Report attached to these minutes)<br />
Various Licenses Applications<br />
Michaels stated there is one denial recommendation for an Operator’s License for Jacklyn Millenbah due to an<br />
unfavorable background check.<br />
Goede explained Schertz-Fahrner, who purchased the Fillmor building, have withdrawn their application for a Class<br />
B Beer & Liquor License and that license has been applied for by The Sideways Badger, LLC to open an Irish Pub<br />
at 610 Washington Street. The owner is Cory Holm and he indicated it would take approximately four months<br />
before he would be ready to open. Rasmussen stated since he is a new owner and we don’t know the actual plan,<br />
she would prefer to hold <strong>of</strong>f on acting on this application until he can appear before the committee to answer<br />
questions. Michaels indicated the application would be brought back to the next meeting.<br />
Motion by Barr, second by Wagner to approve or deny license applications as recommended. Motion carried 5-0.<br />
Communications<br />
Rasmussen read an email she received from Melissa Dotter from the Marathon County Alcohol and Other Drugs<br />
Partnership Council consisting <strong>of</strong> a letter from their Chairperson thanking the committee and Council for passing the<br />
ordinance prohibiting synthetic marijuana. Abitz indicated she brought the recommendation to the County and also<br />
to Aspirus Hospital.<br />
Motion by Wagner, second by Barr to adjourn the meeting. Motion carried unanimously. Meeting adjourned at<br />
7:15 p.m.<br />
Page 3 <strong>of</strong> 5
Date 11-05-10<br />
To Chief Hardel<br />
Lieutenant Michael Juedes<br />
WAUSAU POLICE DEPARTMENT<br />
515 GRAND AVENUE, WAUSAU WI, 54403<br />
Office (715) 261-7811 FAX (715) 261-7888<br />
Subject TAVERN REPORT October 09, 2010 thru November 05, 2010<br />
ROUTINE TAVERN INSPECTIONS (No violations unless noted)<br />
Baker’s Retreat, 1418 Lenard St<br />
Eagle’s Club, 1703 S 3 rd Ave<br />
CONVENIENCE & GROCERY STORE INSPECTIONS (No violations unless noted)<br />
None This Month<br />
RESTAURANT INSPECTIONS (No violations unless noted)<br />
None This Month<br />
SPECIAL ESTABLISHMENT INSPECTIONS (No violations unless noted)<br />
None This Month<br />
NOTABLE INCIDENTS THAT OCCURRED AT TAVERNS THAT POLICE WERE DISPATCHED TO<br />
Alibi Bar, 738 S 3 rd Ave, On 10-29-10 at approximately 12:20 a.m., a 29 year old female was arrested for battery,<br />
disorderly conduct, and resisting arrest and a 41 year old male was arrested for disorderly conduct, bail jumping,<br />
carrying a concealed weapon, and endangering safety by the use <strong>of</strong> a dangerous weapon after being involved in a<br />
fight at the tavern. Both were transported to Marathon County Jail.<br />
Break Away, 1915 N 6 th St., Case # 10-11703, On 10/29/10 at 11:44 p.m., . An employee stated a female<br />
attempted to enter the bar with a WI identification card. The female had a friend with her. The staff did not believe<br />
it was her ID, asked her to sign her name to compare to the signature on the ID (which they stated did not match),<br />
and subsequently confiscated the ID. The manager provided an <strong>of</strong>ficer with the ID card. The card had been turned<br />
over to him by the staff that had confiscated it. The female using the card and the card lender were both issued<br />
citations for the <strong>of</strong>fense.<br />
Break Away, 1915 N 6 th St., Event # 10-119788, On 10/30/10 at 11:42 a.m., Officers responded to a call that a<br />
fight was inside the tavern. A female was struck in the head with a chair in the smoking room. Female did not want<br />
to press charges. Officer said that the suspect could not be identified.<br />
Break Away, 1915 N 6 th St., Case # 10-11725, On 10-31-2010, at approximately 12:08 a.m., while investigating a<br />
separate complaint at Breakaway, <strong>of</strong>ficer had contact with a 28 year old probationer. As a result <strong>of</strong> the contact, the<br />
28 year old female probationer was arrested and transported to the Marathon County Jail for violating the conditions<br />
<strong>of</strong> her probation.<br />
Domino Bar, 740 Washington St., Case # 10-11321, On 10-16-2010, at approximately 11:42 p.m., <strong>of</strong>ficers were<br />
dispatched to Domino Bar, for a report <strong>of</strong> a fight. As a result <strong>of</strong> the investigation, it was determined a 21 year old<br />
male struck a 27 year old male near the east entrance <strong>of</strong> the establishment and left prior to <strong>of</strong>ficers' arrival. The 21<br />
Page 4 <strong>of</strong> 5
year old suspect was found at his residence, located in the 900 block <strong>of</strong> Kickbusch St., was arrested for Battery, and<br />
transported to the Marathon County Jail.<br />
Hideout Bar, 265 Chellis St, Case #10-11285, On 10-15-10 at approximately 1500 hours <strong>of</strong>ficers were dispatched<br />
to the Hideout Bar at 265 Chellis St in reference to a Bail Jumping complaint. A 41yo male admitted to consuming<br />
alcohol and was arrested for felony bail jumping. The Intoximeter was administered at the jail and he was turned<br />
over to staff without incident.<br />
Hideout Bar, 265 Chellis St, Event #10-119811, 10-31-10, 12:57 a.m., A fight was reported. Persons involved had<br />
left prior to police arrival.<br />
Great Dane, 2305 Sherman St., Case # 10-5502, On 05-15-10 at approximately 11:45 p.m. <strong>of</strong>ficer was dispatched<br />
to Great Dane Pub, for a report <strong>of</strong> a no-contact order violation. An adult female reported that her ex-boyfriend<br />
violated a court ordered no-contact order while at the bar. Informational reported completed and forwarded to DA's<br />
Office reference original case #10-2013.<br />
Malarkey’s Pub, 412 N 3 rd Ave., Event # 10-106625, 09-26-10, 12:31 a.m., A named person called and reported<br />
that people were in the back <strong>of</strong> the tavern making noise and the back door was open and loud music could be heard.<br />
Officers found both front and rear doors closed and noise was minimum outside the tavern. Owner was advised <strong>of</strong><br />
the complaint.<br />
Malarkey’s Pub, 412 N 3 rd Ave., Event # 10-111496, 10-08-10, 11:57 a.m., A named person reported that he<br />
would like tavern to close their doors. Officer was in the area. He observed that the front and back doors were<br />
closed and didn’t believe that the noise level was unreasonable. Tyler Vogt was present and advised <strong>of</strong> the<br />
complaint.<br />
Mountain Lanes, 1401 Elm St., Event # 10-103471, 09-18-10, 12:50 a.m. An anonymous person reported that<br />
underage persons were drinking at Mountain Lanes. Several Officers responded. No underage persons were<br />
present. Bartender said that someone calls this in every two weeks or so. Unfounded.<br />
Respectfully submitted,<br />
Lt. Michael L. Juedes<br />
cc: Capt. Dachel, D.C. Hilts, 3rd shift file<br />
Page 5 <strong>of</strong> 5
CITY OF WAUSAU, 407 Grant Street, <strong>Wausau</strong>, WI 54403<br />
ORDINANCE OF PUBLIC HEALTH AND SAFETY COMMITTEE<br />
Create Section 16.02.20 Purpose<br />
Committee Action:<br />
Fiscal Impact:<br />
File Number:<br />
None<br />
Ordinance Number:<br />
The Common Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Wausau</strong> do ordain as follows:<br />
Add ( )<br />
Date Introduced: January 11, 2010<br />
Section 1. That Section 16.02.20 Purpose is hereby created to read as follows:<br />
16.02.20 Purpose. The purpose <strong>of</strong> this section is to protect the public health, safety and welfare and<br />
to prevent the continuation, extension and aggravation <strong>of</strong> urban blight. Under this section, a property is<br />
considered blighted if the property is not being adequately maintained as evidenced by the presence <strong>of</strong> one<br />
or more <strong>of</strong> the following factors:<br />
(a) The existence <strong>of</strong> health, safety, or welfare factors require high levels <strong>of</strong> municipal services.<br />
(b) It has been determined to contain environmental contamination <strong>of</strong> the building and/or<br />
property.<br />
(c) The property is not being adequately maintained.<br />
(d) The presence <strong>of</strong> tall grass or weeds, unauthorized outside storage or accumulation <strong>of</strong> trash <strong>of</strong><br />
any kind, the parking <strong>of</strong> inoperative vehicles, boats, or other machinery.<br />
(e) Uncorrected building, plumbing, or electrical violations.<br />
(f) The property has become a place where criminal activity and/or vandalism has taken place as<br />
documented by the <strong>City</strong> <strong>of</strong> <strong>Wausau</strong> Police Department.<br />
(g) The property is a factor that is creating substantial risk <strong>of</strong> interference with the lawful use and<br />
enjoyment <strong>of</strong> other space in the building or other properties within the neighborhood.<br />
(h) The property has been cited with a violation by the <strong>City</strong> <strong>of</strong> <strong>Wausau</strong> Fire Department.<br />
Section 2. All ordinances or parts <strong>of</strong> ordinances in conflict herewith are hereby repealed.<br />
Section 3. This ordinance shall be in full force and effect from and after its date <strong>of</strong> publication.
Adopted: Approved:<br />
Approved:<br />
Published:<br />
Attest: James E. Tipple, Mayor<br />
Attest:<br />
Toni Rayala, Clerk
CLERK’S REPORT TO PUBLIC HEATH & SAFETY COMMITTEE<br />
December 20, 2010 Meeting<br />
AGENDA ITEM<br />
Approve or deny various licenses as indicated on the attached summary report <strong>of</strong> all applications<br />
received.<br />
ADDITTIONAL INFORMATION<br />
Applications as listed have or will have a background check run by staff and reviewed by the Police Chief<br />
or his designee. Applications marked pending will have a status update at the meeting. In accordance<br />
with city ordinance, all permits approved are held for debts owed to the city until the debt is paid in<br />
full.<br />
1. Class B Beer & Liquor Application for The Sideways Badger, LLC (Cory Holms) for premise at 610<br />
Washington St. (Regular license application was withdrawn by Schertz‐Fahrner, LLC)<br />
2. Two <strong>Public</strong> Transport Drivers, Johnathan Frost and Mark Wolf, have been recommended for<br />
denial by Chief Hardel due background checks with extensive history. (Records attached in<br />
packets)<br />
3. Special Event Class II application, Badger State Rail Jam, February 5, 2011, to be held on the<br />
property <strong>of</strong> the Marathon County Library.<br />
STAFF RECOMMENDATION<br />
Staff recommendation is to approve or deny as indicated on the summary report including those that<br />
may be introduced at the meeting. Please let me know if you have any question regarding any license<br />
applications listed.<br />
Mary Goede, Deputy Clerk<br />
Date <strong>of</strong> Report: December 17, 2010<br />
(715) 261‐6621
PAGE: 1 HEALTH AND SAFETY LIST REPORT ID: LRS530I<br />
ALL LICENSES RUN DATE: 12/17/10<br />
DECEMBER 20, 2010 RUN TIME: 15:06:29<br />
NAME _____ RECORD _______ APPLICATION<br />
___________ EVENT ___________ START EXPIRATION<br />
__________ REVOCATION<br />
__________ BUSINESS _____________ NAME LICENSE ____________ TYPE<br />
APR ___ DEN ___ PEN ___ OWES ____<br />
ADDRESS _______ YEAR ____ DATE ____ DATE ____ DATE ____ DATE ____ DEBT ____<br />
THE SIDEWAYS BADGER, LLC 2010 11/05/2010 7/01/2010 6/30/2011 THE SIDEWAYS BADGER CLASS B BEER & LIQUOR ___ ___ ___ ____<br />
1130 S 4TH AVE<br />
WAUSAU, WI 54401<br />
YWCA OF WAUSAU 2010 12/02/2010 1/15/2011 1/15/2011 MEN WHO COOK TEMP CLASS B RETAILER ___ ___ ___ ____<br />
613 5TH ST<br />
WAUSAU, WI 54403<br />
DOWNING, SABRINA M 2010 12/02/2010 6/30/2011 APPLEBEE'S OPERATOR NEW ___ ___ ___ ____<br />
500 E THOMAS ST APT 306<br />
WAUSAU WI, 54403<br />
FITZGERALD, KIMBERLY A 2010 11/15/2010 6/30/2011 APPLEBEE'S OPERATOR NEW ___ ___ ___ ____<br />
926 1/2 S 5TH AVE<br />
WAUSAU, WI 54401<br />
HASTREITER, ELIZABETH L 2010 11/17/2010 6/30/2011 APPLEBEE'S OPERATOR NEW ___ ___ ___ ____<br />
406 N 8TH AVE<br />
WAUSAU, WI 54401<br />
MCCRACKIN, BRITTANY N 2010 12/02/2010 6/30/2011 KRUSE IN OPERATOR NEW ___ ___ ___ ____<br />
2308 FOREST GROVE AVE<br />
MOSINEE, WI 54455<br />
PITTSLEY, JAKE A 2010 11/15/2010 6/30/2011 PINE RIDGE WAUSAU OPERATOR NEW ___ ___ ___ ____<br />
1413 SUMMIT DR<br />
WAUSAU, WI 54401<br />
STAECK, COLLEEN J 2010 12/01/2010 6/30/2011 WAUSAU ELKS CLUB 248 OPERATOR NEW ___ ___ ___ ____<br />
W1549 CTY RD J<br />
GLEASON, WI 54435<br />
TRUMBLAY, CINDY S 2010 11/22/2010 6/30/2011 CITGO QUIK FOOD MART OPERATOR NEW ___ ___ ___ ____<br />
407 S FOSTER ST<br />
MERRILL, WI 54452<br />
MENUTES, PETER J 2010 11/29/2010 6/30/2012 MOUNTAIN LANES OPERATOR LAPSED ___ ___ ___ ____<br />
406 S 8TH AVE<br />
WAUSAU, WI 54403<br />
THORN, TAMMY S 2010 12/01/2010 6/30/2012 SHOWTIME OPERATOR LAPSED ___ ___ ___ ____<br />
202 1ST ST APT 3<br />
ROTHSCHILD, WI 54474<br />
KWIK TRIP INC 2010 11/16/2010 KWIK TRIP #735 CHANGE OF AGENT / OFFICER ___ ___ ___ ____<br />
1626 OAK ST<br />
LA CROSSE, WI 54603<br />
ULTRA MART FOODS LLC 2010 11/29/2010 PICK 'N SAVE #6405 CHANGE OF AGENT / OFFICER ___ ___ ___ ____<br />
SUB ROUNDYS SUPERMARKETS<br />
PO BOX 473 MS 2650<br />
MILWAUKEE, WI 53201-0473
PAGE: 2 HEALTH AND SAFETY LIST REPORT ID: LRS530I<br />
ALL LICENSES RUN DATE: 12/17/10<br />
DECEMBER 20, 2010 RUN TIME: 15:06:29<br />
NAME _____ RECORD _______ APPLICATION<br />
___________ EVENT ___________ START EXPIRATION<br />
__________ REVOCATION<br />
__________ BUSINESS _____________ NAME LICENSE ____________ TYPE<br />
APR ___ DEN ___ PEN ___ OWES ____<br />
ADDRESS _______ YEAR ____ DATE ____ DATE ____ DATE ____ DATE ____ DEBT ____<br />
NYBERG JEFFREY 2010 11/17/2010 11/22/2010 12/24/2010 WHITEHOUSE ENTERPRIS CHRISTMAS TREE ___ ___ ___ ____<br />
435 OLD HWY 51<br />
MOSINEE, WI 54455<br />
SALZMAN LEONARD 2010 12/03/2010 12/03/2010 12/24/2010 SALZMAN CHRISTMAS TR CHRISTMAS TREE ___ ___ ___ ____<br />
ROUTE 5 4610 LAHR AVE<br />
WAUSAU, WI 54403<br />
WANISH JOSH 2010 12/01/2010 12/01/2010 12/25/2010 JOSH WANISH CHRISTMAS TREE ___ ___ ___ ____<br />
1902 FALCON DR<br />
WAUSAU, WI 54401<br />
CENTRAL WISCONSIN THEATER ON I 2010 11/18/2010 11/26/2010 11/26/2010 STARLIT CELEBRATION PUBLIC EXHIBITION 1 DAY ___ ___ ___ ____<br />
2610 BOWEN ST<br />
OSHKOSH, WI 54901<br />
WISCONSIN SPORTS DEVELOPMENT C 2010 12/01/2010 2/05/2011 2/05/2011 BADGER STATE RAIL JA SPECIAL EVENT CATEGORY 2 ___ ___ ___ ____<br />
C/O DANA WILSON<br />
11128 NORTH WHILTON RD<br />
MEQUON, WI 53097<br />
FROST, JOHNATHAN C 2010 11/15/2010 7/01/2010 6/30/2011 ALL AMERICAN TAXI IN PUBLIC TRANSPORT DRIVER ___ ___ ___ ____<br />
504 1/2 N 1ST AVE<br />
WAUSAU, WI 54401<br />
MERKLEIN, TIMOTHY A 2010 12/03/2010 7/01/2010 6/30/2011 TAXI TIME TAXI PUBLIC TRANSPORT DRIVER ___ ___ ___ ____<br />
942 WASHINGTON ST<br />
WAUSAU, WI 54403<br />
WOLF, MARK K 2010 11/22/2010 7/01/2010 6/30/2011 TAXI TIME TAXI PUBLIC TRANSPORT DRIVER ___ ___ ___ ____<br />
4311 SCHOFIELD AVE LOT20<br />
WAUSAU, WI 54476<br />
TOTAL LICENSES 21
14. Have you provided sufficient refuse<br />
collection bins and arranged for clean<br />
up <strong>of</strong> the premise after the event in<br />
accordance with <strong>Health</strong> Department<br />
and <strong>City</strong> requirements?<br />
A. How many <strong>of</strong> the following will you<br />
provide for the event:<br />
garbage containers? _____<br />
recycling containers for glass<br />
plastic and aluminum? _____<br />
recycling containers for<br />
cardboard and paper? _____<br />
B. Have you contracted with a company to<br />
provide garbage and recycling services<br />
for the event?<br />
C. Have arrangements been made to<br />
empty and or collect garbage and<br />
recycling containers within 24 hours<br />
after the event.<br />
SPECIAL EVENTS APPLICATION (draft)<br />
YES NO<br />
Describe specifically and<br />
f fully<br />
(How many, what, where, why)<br />
Are you expecting the<br />
<strong>City</strong> to provide this<br />
service?<br />
Please indicate who or<br />
what you expect.
CITY OF WAUSAU, 407 Grant Street, <strong>Wausau</strong>, WI 54403<br />
ORDINANCE OF PUBLIC HEALTH AND SAFETY COMMITTEE<br />
Amending Section 9.04.039 Synthetic Cannabinoid Prohibited<br />
Committee Action:<br />
Fiscal Impact:<br />
File Number:<br />
Approved Ordinance Number: 61-5451<br />
None<br />
10-1106 Date Introduced: January 11, 2011<br />
The Common Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Wausau</strong> do ordain as follows:<br />
Section 1. That Section 9.04.039 <strong>of</strong> the <strong>Wausau</strong> Municipal Code, Synthetic cannabinoid<br />
prohibited, is hereby amended to read as follows:<br />
Add ( )<br />
Delete ( )<br />
9.04.039 Synthetic cannabinoid prohibited. (a) Possession, use and sale are illegal. It shall be<br />
illegal for any person to use, possess, purchase, attempt to purchase, sell, publically display for sale or<br />
attempt to sell, give or barter any material, compound, mixture, or preparation, chemical derivative <strong>of</strong><br />
marijuana, or any other substance, having the same or similar effects <strong>of</strong> the controlled substance marijuana<br />
including but not limited to synthetic cannabinoids, JWH-018, JWH-073, JWH-200, JWH-081, JWH-250,<br />
HU-210; cannabicyclohexanol, CP 47, 497, TFMPP; or any similar structural analogs commonly found in,<br />
referred to, or marketed or sold under the names “K2”, “Spice”, ”Genie”, “Yucatan Fire”, “fake” or “new or<br />
legal marijuana”, or by any other name, label or description. one or more <strong>of</strong> the following chemicals whether<br />
under the common street or trade names <strong>of</strong> “Spice”, “K2”, “Genie”, “Yucatan Fire”, “fake” or “new”<br />
marijuana, or by any other name, label or description:<br />
(1) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c]chromen-1-o1<br />
some trade or other names: HU-210.<br />
(2) 1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018\spice.<br />
(3) 1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073.<br />
(4) 1-(3{trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP.<br />
(5) Or any similar structural analogs.<br />
(b) Medical or dental use allowed. Acts otherwise prohibited under subsection (a) shall not be<br />
unlawful if done by or under the direction or prescription <strong>of</strong> a licensed physician, dentist, or other medical<br />
health pr<strong>of</strong>essional authorized to direct or prescribe such acts, provided that such use is permitted under<br />
state and federal laws.
(c) Penalties. Any person violating this ordinance shall be subject to the following forfeitures:<br />
(1) Possession/use. A forfeiture <strong>of</strong> three hundred dollars to five hundred dollars,<br />
exclusive <strong>of</strong> costs, and upon failure to pay the same shall be confined in the county jail for<br />
not more than thirty days.<br />
(2) Sale. A forfeiture <strong>of</strong> two thousand dollars to three thousand dollars, exclusive <strong>of</strong><br />
costs, and upon failure to pay the same shall be confined in the county jail for not more than<br />
thirty days.<br />
Section 2. All ordinances or parts <strong>of</strong> ordinances in conflict herewith are hereby repealed.<br />
Section 3. This ordinance shall be in full force and effect from and after its date <strong>of</strong> publication.<br />
Adopted: Approved:<br />
Approved:<br />
Published:<br />
Attest: James E. Tipple, Mayor<br />
Attest:<br />
Toni Rayala, Clerk
Date 12-05-10<br />
Lieutenant Michael Juedes<br />
WAUSAU POLICE DEPARTMENT<br />
515 GRAND AVENUE, WAUSAU WI, 54403<br />
Office (715) 261-7811 FAX (715) 261-7888<br />
To Chief Hardel<br />
Subject TAVERN REPORT November 06, 2010 thru December 05, 2010<br />
ROUTINE TAVERN INSPECTIONS (No violations unless noted)<br />
101 Pub, 101 N 3 rd Ave<br />
Bob & Randy’s Bar, 1515 N 6 th St<br />
The Callon Street Pub, 209 Callon St<br />
Cheers Bar, 101 E Thomas St<br />
Cop Shoppe Pub, 701 Washington St<br />
Domino Bar, 740 Washington St<br />
Labor Temple, 318 S 3 rd Ave<br />
The Legacy, 1810 Merrill Ave<br />
Oz, 320 Washington St<br />
Players, 4411 Stewart Ave<br />
Roc’s Place, 810 S 3 rd Ave<br />
Tremor’s Sports Bar, 516 W Thomas St<br />
CONVENIENCE & GROCERY STORE INSPECTIONS (No violations unless noted)<br />
None This Month<br />
RESTAURANT INSPECTIONS (No violations unless noted)<br />
None This Month<br />
SPECIAL ESTABLISHMENT INSPECTIONS (No violations unless noted)<br />
1
None This Month<br />
NOTABLE INCIDENTS THAT OCCURRED AT TAVERNS THAT POLICE WERE<br />
DISPATCHED TO<br />
101 Pub, 101 N 3 rd Ave., Event # 10-130270, On 11-29-10 at 1:08 a.m., a female called and<br />
reported that someone stole her cell phone. Officers arrived and learned that a male took the<br />
phone from the victim during an argument. The phone was returned and the female chose not to<br />
press charges.<br />
Break Away, 1915 N 6th St., Case # 10-11968, On 11/08/10 at about 11:30 p.m. <strong>of</strong>ficers were<br />
dispatched to the 1900 block <strong>of</strong> N. 6th St. for a person reported to have broken a window. As a<br />
result <strong>of</strong> the investigation a 37 year old male was arrested for criminal damage to property and<br />
bail jumping.<br />
Break Away, 1915 N 6th St., Case # 10-12100, On 11/12/10 at 11:11 p.m., <strong>of</strong>ficer was assigned<br />
to a compliance check in the 1900 block <strong>of</strong> N. 6th Street. As a result, citations were issued for<br />
Person in Charge Allowing Prohibited Smoking and Allowing Alcohol Off Premise.<br />
Break Away, 1915 N 6th St., Case # 10-12400, On 11/20/10 at 11:27 p.m., <strong>of</strong>ficer was<br />
conducting follow up on an unrelated incident at a business in the 1900 block <strong>of</strong> N. 6th Street.<br />
Officer interviewed a staff member who witnessed the incident. Dispatch advised the male had<br />
two warrants for his arrest. The adult male was subsequently arrested and jailed on the warrants.<br />
Break Away, 1915 N 6th St., Event # 10-127519, On 11/21/10 at 1:33 a.m. an anonymous<br />
person reported that there were possible underage persons in the tavern. An <strong>of</strong>ficer had been at<br />
the tavern for 20 minutes prior to this on a follow up call and was speaking to the manager. No<br />
underage persons were seen in the tavern. Unfounded.<br />
Break Away, 1915 N 6th St., Case # 10-12573, On 11/26/10 at 11:12 p.m., <strong>of</strong>ficer was<br />
conducting follow up at Break Away. During the contact, <strong>of</strong>ficer found a person to be smoking<br />
in violation <strong>of</strong> state law (Eric Larson). As a result, a citation was issued for Person in Charge<br />
Allowing Smoking.<br />
Break Away, 1915 N 6th St., Event # 10-132494, On 12/04/10 at 11:48 p.m., a named person<br />
reported that a loud bass volume was disturbing. The <strong>of</strong>ficer that investigated noted that the<br />
windows <strong>of</strong> the smoking room were open and music was heard outside the tavern, however not<br />
“excessively loud” per the <strong>of</strong>ficer. He asked the manager to lower the volume. He said he<br />
would.<br />
Cabaret Bar, 204 E Rib Mountain Dr., Case # 10-11899, On 11/06/10 at 10:30 A.M. an <strong>of</strong>ficer<br />
was dispatched to the 1100 block <strong>of</strong> S 50th Ave for a Battery complaint. A 26 year old male<br />
advised that he was punched and kicked by numerous individuals while at the Cabaret Bar on<br />
11/05/10 at about 11:00 P.M. Investigation Continues.<br />
Campus Pub, 1110 W Campus Dr., Case # 10-12576, On 11-27-10 at approx 12:14 p.m.<br />
Officers were dispatched to The Campus Pub for a report <strong>of</strong> a male on probation drinking at the<br />
bar. A 27 yoa male was arrested for a Probation violation and transported to jail.<br />
2
Cruise In, 1724 Merrill Ave., Event #10-127495, On 11/20/10 at 10:55 p.m. a named<br />
complainant reported that loud music was coming from the tavern. Tavern was contacted by<br />
<strong>of</strong>ficer and advised <strong>of</strong> the complaint. Bartender advised she would lower the volume.<br />
Denmar, 601 W Thomas St., Event # 10-126742, On 11-18-10 at 11:48 p.m., an anonymous<br />
complaint was made that there was loud music coming from the tavern. Officer didn’t hear loud<br />
music when he arrived. Bartender spoke to <strong>of</strong>ficer and said that there was a current dispute with<br />
a neighbor over parking issues and they may have called it in.<br />
Malarkey’s Pub, 412 N 3 rd Ave., Event # 10-122340, 11-06-10, 11:46 p.m. An anonymous<br />
person reported that loud music was coming from the tavern. Officer was out by the Landmark<br />
bldg at the time the call came in. Didn’t hear loud music coming from Malarkey’s.<br />
Malarkey’s Pub, 412 N 3 rd Ave., Case # 10-12742, On 12/02/10 at 3:16 a.m., An <strong>of</strong>ficer<br />
observed people inside a Malarkey’s sitting at the bar drinking alcohol. As a result, Tyler Vogt<br />
(the bartender/owner) was a citation for Class B Tavern Open After Hours.<br />
North End Pub, 1002 N 3 rd Ave., Event # 10-124527, On 11-12-10 at 11:57 p.m., an anonymous<br />
person reported that people are smoking in the tavern in the smoking area with the door open.<br />
When the <strong>of</strong>ficer arrived, the smoking room was empty and the door closed. Bartender and<br />
patrons said that the only time that the door was open, was when someone was entering/exiting<br />
the room. Unfounded.<br />
Oz, 320 Washington St., Event # 10-123778, 11/11/10, 12:09 a.m. , An anonymous person<br />
reported that a male was harassing persons outside the tavern when patrons went out to smoke.<br />
Officer located the male in the area and advised him to stay away from the tavern.<br />
Paradox, 932 S 3 rd Ave., Case # 10-12350, On Friday 11-19-10 at approximately 11:38 p.m.,<br />
<strong>of</strong>ficers were dispatched to the Paradox Bar located at 932 S 3rd Ave in reference to a male party<br />
there that had warrants out for his arrest from the Merrill Police Department. A 20 year old male<br />
was located and arrested for two valid warrants from the Merrill Police Department, and a<br />
probation hold. The male was also issued citations for underage drinking and for using a false ID<br />
to enter a bar.<br />
Paradox, 932 S 3 rd Ave., Case # 10-12361, On Saturday, November 20, 2010, at approximately<br />
2:45 a.m., <strong>of</strong>ficers were dispatched to an address in the 500 block <strong>of</strong> Callon St., <strong>Wausau</strong>,<br />
regarding a domestic incident that had occurred at Paradox Bar, 932 S. 3rd Av., <strong>Wausau</strong>, earlier<br />
in the morning. Investigation revealed that a 34 yr old male got upset that his 31 yr old estranged<br />
wife showed up at his favorite bar and pushed her after sending her "threatening" text messages.<br />
Male was located later in the day, provided a slightly different story, and was arrested on<br />
Domestic related Disorderly Conduct charges.<br />
Paradox, 932 S 3 rd Ave., Case # 10-12396, On 11/20/10, at approx. 9:03 p.m., Officers<br />
responded to the Paradox Bar on the 900 block <strong>of</strong> S. 3rd Ave. for a report <strong>of</strong> a fight. A 37 year<br />
old male was arrested for Disorderly Conduct, and a 36 year-old male was arrested for<br />
Disorderly Conduct and Battery. A 21 year-old male is to be referred to the D.A.'s <strong>of</strong>fice for<br />
Disorderly Conduct.<br />
Paradox, 932 S 3 rd Ave., Case # 10-12520, On 11/24/10 at 9:13 p.m. <strong>of</strong>ficer issued a warning<br />
(145517W200) to owner, Scott Kurzynski for smoking in the tavern that was witnessed on 11-<br />
19-10.<br />
3
Roc’s Place, 810 S 3 rd Ave., Case # 10-12077, On 11-12-10 at approximately 2:47 p.m. <strong>of</strong>ficer<br />
responded to the <strong>Wausau</strong> Police Department to meet with a female in reference to an altercation<br />
which had occurred earlier in the morning at Roc’s Place. As a result <strong>of</strong> the investigation a 31<br />
year old female was arrested for disorderly conduct and battery. The female was also arrested on<br />
charges stemming from a different incident.<br />
Sam’s Place Bar, 2002 N 6 th St., Event# 10-124900, 11/14/10, 2:24 a.m., An anonymous<br />
person reported that they saw teenagers in the tavern. Officer noted that only 5 or 6 people were<br />
in the tavern parking lot and they were adults, tavern was empty. Unfounded<br />
Sam’s Place Bar, 2002 N 6 th St., Event# 10-132749, 12/05/10 at 9:35 p.m., I was reported that<br />
loud bass noise was coming from the tavern. Officer reported that no noise was coming from<br />
the tavern on arrival.<br />
Sidetracked, 818 S 3 rd Ave., Case # 10-12102, On 11/13/10 at 11:35 p.m., <strong>of</strong>ficers were sent to<br />
Sidetrack Bar in the 800 block <strong>of</strong> S. 3rd Ave. for a 9-1-1 hang up call. There were no reported<br />
problems at the bar. However, <strong>of</strong>ficer recognized a 29 year old male whom the <strong>of</strong>ficer knew is<br />
on probation and has as a condition <strong>of</strong> probation a no consumption <strong>of</strong> alcohol requirement.<br />
Subject was arrested on a probation violation and held at the Marathon County Jail.<br />
Tremors Sports Bar, 516 W Thomas St., Case # 10-12006, At approximately 1:47 a.m. on 11-<br />
10-10, <strong>of</strong>ficers responded to a report that a female was battered by (3) males at the tavern The<br />
case is continued at this time pending possible video <strong>of</strong> the suspects from a business in the area.<br />
ALCOHOL BEVERAGE DEMERIT POINTS ASSESSED<br />
(See attached report.)<br />
Respectfully submitted,<br />
Lt. Michael L. Juedes<br />
cc: Capt. Dachel, D.C. Hilts, 3rd shift file<br />
4