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As you may already know, the city of Monona's License Review Committee will hold a hearing on a complaint regarding the alcohol licenses for the Bourbon Street Grill. The LRC and city council will be acting as quasi-judicial bodies, which means, among other things, that our findings and decisions must be based only on the evidence placed in the record. We will be the neutral authority. Unlike almost everything else we do as city council members, we cannot talk to people about the merits of the complaint or do our own research.
As to the procedure, the LRC will hold its hearing on January 6 and take sworn testimony that will be subject to examination and cross-examination. The LRC will make findings and a recommendation to the city council. The city council then may hear arguments and will review the LRC findings and recommendations. Results could range from finding the complaint unfounded and taking no action to finding the complaint founded and revoking their licenses to sell alcohol. A temporary suspension of 10 to 90 days could also be ordered (Section 125.12 Wis. Statutes). It is also possible the city attorney and the Bourbon Street Grill could reach an agreement that would be subject to review and approval by the LRC and council.
I have included the full complaint below, but I need to make a couple of points first. The complaint contains the allegations of a Monona police officer. The allegations have not been tested in a legal proceeding. They are one side of the story.
Ms. Joan Andrusz
City Clerk
City of Monona
5211 Schluter Road
Monona, WI 53716
RE: Complaint of Liquor License Violations
Dear Ms. Andrusz:
Pursuant to section 125.12(2) of the Wisconsin Statutes, I am writing to complain that I believe the Bourbon Street Grill has committed the following violations of Monona ordinances and state statutes such as to require suspension or revocation of their license:
On November 29, 2008, Monona police officers responded to the vicinity of the Bourbon Street Grill as a result of a 911 call. Upon arriving on the scene, officers arrested two patrons of the Bourbon Street Grill for disorderly conduct for fighting, which originated at the Bourbon Street Grill. The incident occurred during a large crowd at the Bourbon Street Grill and resulted in significant injury to a security guard. Assistance was requested from Madison, Dane County and McFarland Police Departments. The incident is more particularly described in the attached incident report #2008-7948. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
On June 29, 2008, Monona police officers responded to the Bourbon Street Grill and arrested three individuals for disorderly conduct for a fight which began while the officers were on the scene. The incident is more particularly described in the attached incident report #2008-4315. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
On June 21, 2008, Monona police officers responded to the Bourbon Street Grill where an individual was arrested for disorderly conduct. The incident is more particularly described in the attached incident report #2008-4105. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
On June 15, 2008, Monona police officers responded to the Bourbon Street Grill regarding several noise complaints at the Bourbon Street Grill. Upon arrival officers observed approximately 150 people outside the Bourbon Street Grill yelling and screaming. The incident is more particularly described in the attached incident report #2008-3927. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
On May 18, 2008, Monona police officers responded to the Bourbon Street Grill regarding several complaints of noise at that location. The incident is more particularly described in the attached incident report #2008-3177. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
On May 4, 2008, Monona police officers responded to the Bourbon Street Grill regarding several complaints of noise at that location. Officers observed a fight between two individuals in the street in the vicinity of the Bourbon Street Grill. A large crowd of individuals from the Bourbon Street Grill were observing the fight. Two individuals were cited for disorderly conduct. The incident is more particularly described in the attached incident report #2008-2866. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
Also on May 4, 2008, a Monona police officer responded to the Bourbon Street Grill regarding another complaint of noise at that location. The complainant reported a large group was outside the Bourbon Street Grill and there were many vehicles in the parking lot with loud stereos playing. The complainant further reported this has been going on every weekend. The officer observed approximately 100 people in the parking lot such that he was unable to drive up to the establishment. There were not sufficient officers available to control the crowd or reduce the noise. The incident is more particularly described in the attached incident report #2008-2833. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
On April 13, 2008, a Monona police officer was monitoring the area of the Bourbon Street Grill due to past disturbances and observed a large, relatively uncontrolled crowd exiting the Bourbon Street Grill. He noted the crowd was loud and had difficulty exiting the area due to the limited access to the establishment. He heard deep bass music coming from several vehicles. The officer spoke with the manager who appeared to be unhappy that the business was being monitored. It was also discovered that a stripper had been at the private party at that establishment. The incident is more particularly described in the attached incident report #2008-2393. The Bourbon Street Grill allowed such behavior to occur in violation of secs. 7-2-14(c) & (k) of the Monona Code of Ordinances and secs. 125.12(2)(ag)1 & 2 of the Wisconsin Statutes.
On March 30, 2008, Monona police officers responded to a call of a fight in progress in front of the Bourbon Street Grill. Upon arrival he found approximately 100 people in the area and called for assistance. The officer noted that the crowd was not under control, but that there was no fight. The incident is more particularly described in the attached incident report #2008-2078. The Bourbon Street Grill allowed such behavior to occur in violation of sec. 7-2-14(c) of the Monona Code of Ordinances and sec. 125.12(2)(ag)2 of the Wisconsin Statutes.
In addition to the above incidents, there have also been 11 additional complaints made to the Monona Police Department concerning noise being generated from patrons of the Bourbon Street Grill.
I swear under oath that I am an adult resident of Monona, Wisconsin and the statements I have made herein are true and correct to the best of my knowledge, information and belief based on my personal knowledge and review of reports of Monona police officers filed pursuant to their official duties.
Very truly yours,
Brian Voltz Date
The above-named Brian Voltz, personally came before me this ____ day of ________________________, to me known to be the person who executed this document and prior to signing this document in my presence swore on oath that the information contained in this document is true and correct to the best of their knowledge.
_________________________________ (Signature)
_________________________________ (Printed/typed name)
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission is permanent or expires on ____________________
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