Good evening, everyone.

Good afternoon, I guess it's not evening.

It is September 2nd, 2026 at 3:03 p.m.

I'll call to order this special meeting of the judiciary and administration committee.

We have all members of the committee in person present, except for Councilmember Weston and Councilmember Bedford, who are both excused.

This meeting is open for in-person attendance.

I'll make this reminder multiple times.

This is different than a regular uh judiciary administration committee where there is public comment.

There is no public comment, but the public is allowed to view the process.

So this special meeting of the Judiciary and Administration Committee has been convened as a result of the complainant filed against the complaint in the matter of the City of La Crosse versus Bennett O'Reilly's LLC doing business as Bennett O'Reilly's with intent, notice of intent for revocation or suspension of combination class B beer and liquor license for the premise address 213 3rd Street South on Legistar as 26-0879, as well as uh complainant in the matter of the City of La Crosse versus Moonshine on Vine LLC doing business as Dell's Bar with notice of intent for revocation or suspension of combination class B beer and liquor license for the premise addressed 229 3rd Street North on Legistar as 26-0880.

We will take up the matter of uh 26-0879 first, the complaint in the matter of City of La Cross versus Bennett O'Reilly's LLC.

So today the Judiciary Administration Committee will conduct a hearing on whether to revoke or suspend the license.

This is not a public hearing, but rather a contested hearing.

The Judiciary Administration Committee is convening as a quasi-judicial body, not a legislative body.

Accordingly, members of the public are able to observe what is occurring, but they will not be able to speak on the issue because this is not legislation.

The purpose of the contested hearing is to take evidence on whether the license should be revoked or suspended.

And at this time, both the complainant and the licensee can present evidence and witnesses, cross-examine witnesses, and be represented by counsel.

After the presentation of evidence, the Judiciary and Administration Committee will convene in closed session to consider the evidence and formulate a report and recommendation to the city council as to what action, if any, the city council should take with respect to the license.

And the report and recommendation will be in writing.

It is anticipated that the Judiciary and Administration Committee will finalize its report and recommendation at its special meeting on September 10th, 2026 at about 5.30 p.m.

Um that is TBD, but just note that we have planned to have that meeting next week prior to council.

And a copy of the report and recommendation will be provided to the complainant and the licensee.

Both parties will be able to object to the report and present arguments to the city council at its meeting on September 10th, 2026 at 6 p.m.

After consideration of the report recommendation and objections and arguments of the parties, the city council will make the final decision of what on what action, if any, and should be taken on the license.

And finally, City Council's decision is subject to judicial review.

Okay, now that we've got all that out of the way at this time, I ask the parties to identify themselves.

Who is present for the complainant?

For the complainant, Assistant City Attorney Gideon Wartheimer.

Thank you.

And who is present for the licensee?

Attorney Brent Smith, Your Honor.

Thank you.

I'm just to call the people, Your Honor, so I'm sorry.

Okay.

The one moment, please.

Okay.

The complainant may make their opening statement.

Sure.

Thank you.

So we are here today because Ben O'Reilly's had three convictions in the previous license year.

Now that third one did not go through until July when the uh new license year started, but all three incidents were from uh last year and pursuant to a resolution in 1987.

Uh that means that they should have a hearing in front of this body in terms of uh whether their license should be revoked or suspended.

Um the complainant here is not asking for a revocation.

Uh it will defer to the body on uh a suspension in previous uh uh incidents.

We have done stipulations for 10 days suspensions on a first offense such as this, but uh would defer to the body if they want to do um something else in this matter.

Uh we will be presenting testimony about four incidents but three incidents in terms of uh citations being read uh written against either uh the president, Mr.

uh householder, or uh employees of the bar.

Given that, I believe the evidence will show that they do have those three convictions and they have violated um Wisconsin statute along with our municipal code, and then would defer to the court.

Uh sorry, defer to this body in terms of penalty.

Thank you.

Thank you, Attorney Wertheimer.

Attorney Smith and um Bennett O'Reilly's would you like to make an opening statement now?

Sure.

I think uh the facts of the case that we're gonna you're gonna be hearing today are really not going to be much in dispute as to the allegations of what conduct was by Benard O'Reilly's.

You're not gonna be there's not gonna be a denial or anything like that.

That those are gonna be in evidence and basically undisputed.

What I think will be presenting by the evidence of uh Darrell Householder is that what he did in reaction to this, what items he has tried to do to prevent the underage drinking, which he takes as a very serious uh offense.

And I think uh you're gonna hear, and you've you if you've read his uh the document that he supplied to the council to the council to this committee, it's gonna be things like the equipment that he bought, the scanners, uh the cost we've got the receipts here, but he it was over three thousand dollars.

He changed as he went along.

Each time we got a little further in this procedure.