MINUTES, LICENSE COMMITTEE
FRIDAY, AUGUST 11, 2006, 8:00 A.M.
1. This meeting was called to order at 8:03 a.m. Present were: Ald. Foeckler, Ald. Grabowski, Ald. Michalski, City Attorney Lawrence Haskin, Interim Health Officer Sue Wojcinski, Plumbing Inspector/Sanitarian John DeVita, Police Chief Thomas Bauer, Scott Vesely, State Environmental Sanitarian, and Deputy Clerk Pam Bauer.
2. Scott Vesely and Ramon Sancha were both present for the discussion on the renewal Class B Combination license application submitted by Hay Caramba, Inc., Ramon Sancha, Agent, for Ay Caramba, 924 E. Rawson Ave. (held 6/20/06, 7/5/06, 7/18/06 and 7/31/06). Temperature violations continue as of Vesely’s latest inspection on 8/10/06. The temperature inside the cooler should be at a maximum of 41, and the temperature in one of the coolers was running in the mid 40s. The temperature is a critical concern to Vesely. Sancha stated that he comes in in the morning and checks the thermometer and it reads exactly 40 degrees. At noon, it reads the same. He stated that at the time of the meeting, it was at 40 degrees. When the temperature remained up, he kept turning the thermostat down until it reached 40 degrees. Sancha stated that on 8/10/06, the thermometer read 40; when Vesely read it, it was 47. He is at the restaurant three times a day; he opens and closes. Sancha stated that he not only checks the temperatures, he checks to make sure the employees are wearing gloves, etc. Everything that should be done is being done.
When City Attorney Haskin asked what the explanation would be for a difference in reading, Vesely stated he uses an infrared, instant-read thermometer and the thermometer in the cooler is a glass tube-type. There is a difference in accuracy and a difference in readings with the glass tube-type. Temperature is a critical part to serving food safely. Sancha could purchase a dial thermometer for approximately $15. Vesely recommended that he put it in a glass of water overnight to stabilize it. The thermometer should be inserted inside the food to check proper temperature, and it should be done every day. Sancha stated he would purchase an infrared thermometer. Vesely told Sancha that food has been thrown out before because the temperature was in the 50s. Sancha indicated that his technician checked the cooler last week and added Freon. The two other coolers were running at 38 to 39 degrees and are fine. Vesely agreed that there was only a problem with the one cooler.
Ald. Foeckler was not satisfied that the state and Sancha have spent three to four months on lowering the temperature in the coolers. Sancha stated he is reading the book, he is taking the class, and his nephew took the class. He is at the restaurant; they are doing their job. Ald. Grabowski and Ald. Michalski agreed with Ald. Foeckler. None of the committee members had a comfortable feeling. Vesely’s main concern is whether they know how to work in a restaurant. Their walk-in freezer at one time was at 39 and food was defrosting.
Sue Wojcinski stated that soap and towels are there. The sink is there. She had talked to a person who took the class. Directions for hand washing were posted in Spanish above the sink. Sue asked the employee to correctly wash their hands and the first step, wetting the hands, was missed; the rest of the procedure was followed correctly. Another employee read the instructions to the employee since this employee could not read Spanish. The employee then realized he had missed the first step. She also stated that the managers also need to know if someone is sick, what symptoms require the employee being sent home immediately. She also suggested keeping a piece of paper next to the coolers to record the date, time and temperature readings.
Another issue was the dishwasher which did not have enough chlorine. Vesely stated that the plumbing has been fixed, the faucet handle installed and the temperature on the hand wash sink was corrected. Sancha stated they raised the chlorine three days ago because it needed a little more. His technician came in and tested the dishwasher and it was fine. He was given test strips and used them the way Vesely showed him. He matched the colors. According to Vesely, there are two ways to sanitize – hot water or chemical. Their dishwasher is set up to run chlorine.
Larry Haskin explained to Sancha that he must meet all the rules, not just some, that in food service, health and sanitation requirements must be met 100 percent. He then explained the non-renewal process to those present. Based on the fact there are continuous violations, the committee could authorize staff (Clerk, Health Officer or Sanitarian) to hire outside counsel to bring a complaint for non-renewal of the license. The complaint would be brought before the Council. Sancha would then have an opportunity to appear before the Council with an attorney. A hearing would be held before the Council and a decision made as to whether or not to renew.
Ald. Foeckler, seconded by Ald. Grabowski, moved to start action to not renew the Class B Combination license for Hay Caramba, Inc., Ramon Sancha, Agent, doing business as Ay Caramba, 924 E. Rawson Ave. All voted aye; motion carried.
3. Domingo Reyes and his interpreter Shirley Sosa were present for the discussion on the original application for a Class B Beer license submitted by Cigar’s Center LLC, Domingo Reyes, Agent, 7844 S. Howell Ave. (held 7/18/06), as was Police Chief Thomas Bauer. Chief Bauer explained that Reyes had been charged with misdemeanor cocaine possession in March 2005 and was scheduled for sentencing on 8/2/06. Reyes confirmed that he was sentenced on 8/2/06 to 20 days in the House of Correction and no probation. Bauer’s concerns were that the applicant did possess cocaine and that this charge was not reflected on his application. Questions 2 and 3 on the Auxiliary Questionnaire ask, “have you ever been convicted of any offenses (other than traffic unrelated to alcohol beverages) for violation of any federal laws, any Wisconsin laws, any laws of any other states or ordinances of any municipality”; and “are charges for any offenses presently pending against you (other than traffic unrelated to alcohol beverages) for violation of any federal laws, any Wisconsin laws, any laws of any other states or ordinances of any municipality”, to which the applicant answered “no” to both questions. Through his interpreter, Reyes stated the only thing he could say is since he was not sentenced, even the lawyer didn’t advise him to list it. He said his attorney asked him if there were any felony charges and there were none. He has one attorney for his court case and one attorney who completed the licensing application paperwork.
City Attorney Haskin stated that if there is false information on the application, it is a basis for denial. Chief Bauer asked Reyes if his attorney asked him the question regarding convictions and felt that he must have. Reyes stated he focused on any past criminal charges. Again, City Attorney Haskin reiterated the question regarding “charges for any offenses presently pending”. Either the applicant was misled by not being asked the question by his attorney, or the applicant misled his attorney by answering falsely. Sosa volunteered that she has seen various paperwork processed for Reyes’ business that the attorney completes and tells Reyes it is for a certain purpose and to “just sign”.
Chief Bauer stated the applicant is still operating a cigar store in the City even without a liquor license. Based on the applicant’s conviction, it is reasonable to be concerned about the business possibly being a front for drugs, and the police department will watch the business. Reyes was told that he needed to disclose his conviction record. Ald. Grabowski, seconded by Ald. Foeckler, moved to deny the application for a Class B Beer license submitted by Cigar’s Center, LLC, Domingo Reyes, Agent, for Cigars Center, 7844 S. Howell Ave., for falsification of application. All voted aye; motion carried.
4. Ald. Grabowski, seconded by Ald. Foeckler, moved to grant the request for change of agent on the Class A Combination license issued to Pick ‘n Save #6348, 6462 S. 27th St., from Brian Bender to Keith Thomas Jenrich, 3831 S. Alabama Ave., Milwaukee, subject to receipt of responsible beverage certificate. All voted aye; motion carried.
5. The committee was informed that Woodman’s early application for a liquor license would assure them prior to construction that a liquor license would be granted for their new store. Ald. Grabowski, seconded by Ald. Michalski, moved to grant an original application for a Class A Combination license to Woodman’s Food Market, Inc., Clinton W. Woodman, Agent, 7929/8201 S. Howell Ave., with issuance subject to receipt of an occupancy permit. All voted aye; motion carried.
6. Ald. Grabowski, seconded by Ald. Foeckler, moved to grant an Operator’s license to the following:
Jason M. Brooks, 5109 Hunt Club Rd., Racine (Applebee’s)
Xochitl Ruth Sandoval, 630 Calvin Ln., Racine (Applebee’s)
All voted aye; motion carried.
7. Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a transient merchant license to T.A.P. Enterprises, Inc., for a tool and general merchandise sale on Friday, 8/18/06 at the National Guard Armory, 8520 S. Howell Ave., and salespersons John Maslonka, Elkhorn, NE; and Craig Gilson, Montgomery, TX. All voted aye; motion carried.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 9:05 a.m. All voted aye; motion carried.