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#5 Consideration, deliberation and action upon a recommendaiton of the ALAC to suspend live entertainment for 120 days at The Back Bar DUM POLICE DEPARTMENT MEMORAN April 4, 2012 TO: City Council FROM: Dan Davis, Deputy Chief of Police SUBJECT: Consideration, deliberation, and action upon a recommendation of the Alcohol License Advisory Committee to suspend live entertainment for 120 days at The Back Bar LLC (e/b/a The Back Bar) Class B alcohol licensed premises: 1901 Beloit Avenue At their April 3, 2012 meeting, the ALAC Committee had an appearance with Mr. Robert Kerman d/b/a the Back Bar regarding regarding two recent incidents that occurred at his establishment. On February 12, 2012, officers from the Janesville Police Department were assigned to Mercy Hospital to investigate a report of a sexual assault. The victim reported being sexually assaulted inside of the Back Bar after the bar has closed. There was clear evidence that sexual activity had taken place however, the investigation ultimately showed that one element of the offense, non- consent, could not be proven so no charges resulted. The investigation did show that the incident occurred as reported, in the bar after hours. On March 24, 2012, officers from the Janesville Police Department were assigned to a shots fired call at the Back Bar at 1:22 a.m. The bar had hosted a big name hip-hop act. A fight broke out inside the bar that was quickly moved outside. At one point one of the combatants went to their vehicle grabbed a gun and fired one round. No one was injured, there was no property damage and no shell casings were recovered. In an attempt to discuss these incidents over the phone with Mr. Kerman and again during the ALAC meeting, Mr. Kerman minimized the severity of these incidents and his level of responsibility in controlling incidents in and around his bar. A check of the schedule of future live acts planned at the Back Bar for 2012 include several hip- hop acts, a burlesque show put on by a XXX adult film actress and a reggae event on April 20, 2012 that promotes marijuana usage. ALAC Recommendation: At the April 3, 2012, ALAC meeting the Committee voted unanimously to forward a recommendation of a 120 day moratorium on live entertainment at the Back Bar located at 1901 Beloit, Ave., Janesville, WI. The following information is the basis for the recommendation. Suggested Motion: I move to suspend live entertainment for Back Bar, located at 1901 Beloit Ave., Janesville, WI for 120 days. Attachment: April ALAC meeting minutes cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 City of Janesville Alcohol License Advisory Committee Meeting Minutes April 3, 2012 No. 586 The regular meeting of the Alcohol License Advisory Committee (ALAC) was called to order at 8:00 a.m. th Tuesday, April 3, 2012, in the City Municipal Building, 4 Floor, Room 416, by Committee Chair Schreier. Present: Committee Members Bordwell, McDonald, Schreier, and Smillie. Absent: Committee Member Kulinski. Administration: Deputy Chief Davis. A. Approval of Minutes. The March 6, 2012 minutes were unanimously approved. B. Request and Comments from the Public regarding items on the agenda not requiring a Public Hearing. No one appeared. C. Application for Operator’s License by Stacey L. Fanning. Ms. Stacey Fanning appeared on behalf of this license application. Deputy Chief Davis stated the application was denied due to a felony theft charge and she is currently on probation. Ms. Fanning stated that her probation officer is in support of her receiving her license. Ms. Fanning stated that the charges were not alcohol or drug related. After discussion, Committee Member Smillie moved to approve the application, seconded by Committee Member McDonald and passed unanimously. D. Appearance of Robert Kerman d/b/a The Back Bar . Mr. Kerman appeared on behalf of said license. Deputy Chief Davis stated that Mr. Kerman was requested to appear due to two recent incidents that occurred at his establishment. The first, an after- hours incident and then a shot fired incident. Mr. Kerman indicated that he does not know what started the fight however there were two 6”10” gentlemen that started fighting inside the bar and were escorted out of the establishment. Then he heard someone yell “shot fired”. Apparently the one patron walked out to his car parked on Kellogg Avenue and pulled out a weapon, said something, and shot one time. Mr. Kerman stated that for seven years he has not had one incident at his establishment and feels this is an isolated case. Committee Chair Schreier asked about the atmosphere that evening and Mr. Kerman said it was excellent, sales were up, patrons were happy, and he made a lot of money. Committee Member Smillie asked what the act was that night and Mr. Kerman stated it was Young Drill. Mr. Kerman stated that the police were not notified in advance of this event because the promoter of the event, Apollo had five Stateline Security Officers on location. Mr. Kerman said that they had their own security inside as well. Mr. Kerman stated that usually once a month he has a rock act and a hip hop act. Mr. Kerman stated that his establishment has had very few fights or problems over the years. Deputy Chief Davis stated that from a law enforcement perspective there are concerns and take issue with Mr. Kerman’s positions on many points that he made. Mr. Kerman was not open for discussion regarding solving issues. Deputy Chief Davis stated that his position is that if Mr. Kerman is bringing in acts that require armed security that is a red flag for the police. In addition, Mr. Kerman commented that had the police department been there to supply security for him this incident wouldn’t have happened indicates to Deputy Chief Davis that Mr. Kerman is unwilling to accept responsibility for his establishment and expects the police department to provide security for his establishment because he is unable to control it. While we are all about community safety we are providing service for 62,000 people and for us to provide private security for Mr. Kerman while he brings in acts that he is not able to control is not reasonable. Deputy Chief Davis stated that our recommendation to the committee is that The Back Bar be suspended from having live entertainment for a period of time. Mr. Kerman stated that he takes full responsibility for what happens inside his bar however he feels he doesn’t have any control over what happens outside. Mr. Kerman stated that they are a 21 Up Club with live music and to restrict them from having live bands is ridiculous, since he’s had one incident in eight years. Deputy Chief Davis stated that the concern of the police department is not the way Mr. Kerman handled the incident. He stated he has concerns about his ability to control the music venues that he brings in. Committee Chair Schreier stated that his first thoughts are that yes this is the first incident of this kind at this establishment however the lack of knowledge in the workings internally is troubling. Committee Chair Schreier feels that an Internal review of policies and procedures during a suspension period would be good. Normally an establishment will start out with smaller incidents and escalate to larger incidents where this went from no incidents to shots fired so it is something that requires decisive action because there are some things going on that took it from point A to point D really quick. If we do not take action the ability to bring it back to point A may be lost. Committee Member Bordwell has concerns about the type of acts that Mr. Kerman is bringing in and the lack of communication between him and the police department. There is a disconnection right now. Committee Member Bordwell suggests that Mr. Kerman be more particular in the selecting acts and possibly deny some that may require security. Deputy Chief Davis stated that the second incident involved having patrons in the bar after hours. Mr. Kerman stated that this occurred one evening when a patron came in with two females. They were very drunk, sloppy, half naked, and indicated that the females were strippers. Mr. Kerman stated he couldn’t get rid of them. He didn’t want to call the police on them. He stated he didn’t serve them any liquor, or take any money from them. One of the girls went home and her boyfriend saw marks on her and they went to the emergency room. Mr. Kerman stated that these two girls were playing with each other. Two months later he got a ticket in the mail for customers after hours. Mr. Kerman stated that he let them stay while they sobered up and got their stuff together. Mr. Kerman stated that he was unclear what the rules are on after hours. Deputy Chief Davis said there was sexual activity that took place after hours in the bar and it was a live sex show for the male patron and Mr. Kerman. The male patron called Mr. Kerman and told him he was on his way to the bar with two strippers. They got on the couch and this female tells us that there was an abundance of alcohol and powdered cocaine provided for them and they put on this sex show and the male patron had photographs of it on his phone and reported to us that Mr. Kerman was right there with him watching it. Deputy Chief Davis stated that it was 6:00 a.m. when the female reported to police that she got home. Deputy Chief Davis stated, so to again minimize the situation and minimize accountability is troubling to us. Committee Member Smillie stated that more direct outreach and communication with the police department is in order and feels a suspension may be in order. This is a struggle as there are components that we have seen with other bar owners that are lacking here, lack the confidence. Committee Member McDonald asked Mr. Kerman if there was an after-hours sex show. Mr. Kerman stated no it was two girls making out with each other. Committee Member McDonald stated that Mr. Kerman indicated that they came in they fell asleep on the couch. He asked Mr. Kerman if he lied to the committee and if they fall asleep on the couch. Mr. Kerman stated that he saw the two girls making out and told them to get out. I should have been more demanding about getting them out. Committee Member McDonald stated so they didn’t come in and fall asleep on the couch. Mr. Kerman stated that one girl was absolutely sleeping. Committee Member McDonald stated “So now one of them was sleeping not both, I can’t believe anything you are saying I suggest you get everything straight before you go in front of City Council”. Council Member McDonald made a motion to forward a recommendation to suspend live entertainment for 120 days for said license establishment. Committee Chair Schreier seconded the motion and it passed unanimously. E. Request and Comments from the Public on Matters affected by Committee Action. No one appeared. Matters not on the Agenda. Deputy Chief Davis presented the Janesville Police Department March alcohol incident report. The Committee reviewed the license quota report and temporary licenses issued. Deputy Chief Davis stated that there was a significant incident in the parking ramp across from Quotes a couple of folks were confronted by another individual over a drug deal from 2007. One of the guys was punched and broke his jaw in three places and required surgery. This would not be fair to attribute this incident to Quotes although they were patrons of Quotes. We are still waiting for DCI and their analysis with the Quotes incident and had conversation with Denise Carpenter. Committee Member Schreier moved to adjourn at 9:30 a.m. and passed unanimously. The next meeting th will be at 8:00 a.m. on Tuesday, May 1, 2012, in the City Municipal Building, 4 Floor Council Chambers. Minutes submitted by: Julie Shadel