Title
Subject: (Direct Referral) Request of the Committee for the appearance of Maria Salas, d/b/a Las Palomas, 1600 Douglas Avenue, relating to several incidents occurring in November and December 2005.
Recommendation: That the matter be referred to a due process hearing for determination whether the license should be revoked or suspended and that outside counsel be retained to prosecute the matter and court reporting services be retained to record the hearing.
DUE PROCESS HEARING RECOMMENDATION (3-29-06):
IN THE MATTER OF: Hearing on the License of Maria Salas for “Class B" Intoxicating Liquors and Fermented Malt Beverages License for 1600 Douglas Avenue, Racine, Wisconsin.
FINDINGS OF FACT
1. That Maria Salas holds a “Class B" intoxicating liquors and fermented malt beverages license for Las Palomas at 1600 Douglas Avenue, Racine, Wisconsin, which authorized the sale of intoxicating liquors and fermented malt beverages for the current license year of 2005 to 2006.
2. Maria Salas has held such licenses for 1600 Douglas Avenue since February, 2005.
3. Notice of Hearing to Suspend or Revoke the “Class B" License was signed by the Chairman of the License and Welfare Committee on March 21, 2006, which notified Maria Salas that the City intended to consider suspension or revocation of the licenses.
4. On March 29, 2006 at a special meeting of the License and Welfare Committee, Maria Salas appeared in person, and the City appeared by special counsel Ken Rusch, and the Committee held a due process hearing at which both parties presented evidence, and examined and cross-examined witnesses under oath, with the proceedings being recorded by a court reporter and an interpreter interpreting the proceedings in Spanish for the Licensee.
5. During a closed session following hearing, the Committee members deliberated with regard to the allegations contained in the Notice of Hearing regarding the License for 1600 Douglas Avenue, and the Committee hereby makes the following findings, conclusions and recommendations:
a) There were repeated violations by underage persons being on the premises and being victims or perpetrators of assaults, and the Licensee was cited and paid a fine for an underage person on the premises.
b) There were repeated incidents of serious assaults and fights, with evidence of police officers being assaulted, with some resulting injuries.
c) There were repeated and continuing after hours violations.
d) There was improper disposition of alcohol beverage containers and debris, resulting in a public nuisance and unsanitary conditions.
CONCLUSIONS OF LAW
The above findings constitute violations of City of Racine Municipal Code and Wisconsin Statutes relating to premises that are licensed for the sale of alcohol beverages.
RECOMMENDATION
That the “Class B" intoxicating liquors and fermented malt beverages license for Las Palomas at 1600 Douglas Avenue, Racine, Wisconsin, be revoked.
Dated this 29th day of March, 2006.
License & Welfare Committee
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Alderman David L. Maack, Chairman
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Alderman Q.A. Shakoor, II
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Alderman Sandy Weidner
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Alderman Gregory T. Helding
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Alderman Tim Hermes