I am going to call the April 13th meeting of the Ordnance and License Committee to order.

Alderman Wateska was not able to be here this evening, asked me to chair the meeting in his uh stead.

Um, all other members of the committee are present, so we do have a quorum.

And uh we will move on to item two, which is public comment.

Are there any members of the public that were here to make a comment other than on the items that you may have before the committee specifically?

Seeing none, we'll move on to item three, which is approval of minutes from our last meeting of March 23rd, 2026.

Are there any changes or corrections needed to those minutes?

Okay.

Is there any objection to approving those by unanimous consent?

Hearing and seeing no objection, those will be approved by unanimous consent.

I do see that that passed.

Okay.

Um we did have a request to uh move our agenda around a little bit, and the committee had no objection, so we're gonna jump down on our agenda to item five, which is discussion and recommendation items.

Um we have one item tonight, which is revisions to municipal code chapter 11 regarding adopting certain crimes into the municipal code, setting penalties for illegal dumping, adding vaping to the definition of smoking, and the unlawful use of 911 calls.

Brian, do you want to walk us through what we're looking at here?

Yes, thank you.

This is a number of revisions to our uh municipal code chapter 11 at the request of the police department, and the reason for that is that they've encountered these offenses but have not had a municipal ordinance upon which to issue citations.

So the uh the idea behind this is to create uh municipal code violations so that municipal citations can be issued for these offenses.

The first two sections have to do with adopting state statutes into our municipal code.

As you know, we already have uh a large number of state statutes that have been adopted into our code.

Again, for the purpose of being able to issue a municipal citation that will be heard in municipal court as opposed to a state citation, which goes over to the DA's office and circuit court, where it may or may not get uh the immediate attention that is available in our municipal court.

And as you will note in looking at uh if you're looking at the draft of the ordinance, uh a number of these have to do with prostitution, and that is becoming a focus for us because of the increase of uh prostitution activity uh within certain uh business establishments around town.

So, as part of our effort to combat that, we want to get these sections into our municipal code again to allow us to take it into our municipal court.

Um included in there is the state offense of battery and the state offense of unlawful assemblies and their suppression, um, not related to prostitution, but also not currently adopted into our municipal code.

Um if you are uh looking over the list of offenses, you might see 944 33, which is titled pandering.

Um that's probably more commonly known as pimping.

Umlawful assemblies and their suppression.

We have uh if you read 94706, the state statute, it begins by stating that police officers, sheriffs, and other officers of the peace have a duty to address unlawful assemblies and their suppression.

So this just allows our local police to be able to issue a municipal citation.

Once again, I I know I keep repeating myself, but that's really the point here.

All of these already are offenses.

We're not creating any new offenses here.

Section two expands the table of the forfeitures.

You'll recognize the numbers in the right-hand column correspond to what's already in our table of forfeitures.

It's a wide range.

Section three amends section 1101 sub-10A to increase the maximum penalty for the possession of a controlled substance.

And this is just a one-liner from the table.

Sets a forfeiture of anywhere from 50 to 1,500 dollars.

So it differs slightly from the amounts in the table above, which are mostly 50 to 250.

Section 4 creates a new municipal code section which addresses the practice of illegal dumping.

And we currently do not have an ordinance that specifically addresses that.

We've got a littering ordinance, and we've got a number of other ordinances having to do with nuisance and so on that kind of address it in an indirect way.

The littering ordinance is generally referring to smaller amounts, whereas this dumping ordinance is targeted at large amounts, which is happening more frequently around the town.

What we're finding is that the end of cul-de-sacks and dead ends and so on, people will dispose of stuff by just backing a truck up and dumping it.

So this would create a penalty for that in our municipal code with a forfeiture of between 500 to 1500 dollars for doing that.

The difficulty, well, I shouldn't say difficulty, but one of the technicalities that we dealt with in drafting this is to draw a distinction between littering and dumping.

So we finally settled on dumping is a dump of material greater than five pounds or a volume greater than one cubic foot.

This this kind of creates a distinction for a greater amount.

Section five is a follow-on from the creation of that dumping ordinance, and it amends uh section 1206, which is in the nuisance section of the code.

Uh, what we are trying to head off here is if a nuisance exists on somebody's property because somebody came up and illegally dumped on their property, we still want that nuisance abated.

And what this says is it adds uh a line at the end of the section that it's not a defense to enforcement of this nuisance section, that the nuisance exists as a result of the actions of someone other than the owner or occupant.

Somebody backs up and dumps a bunch of stuff onto your property, um, we expect that you will clean it up.

And if you don't, it could still fall under the definition of a nuisance.

So that's what that's about.

Section six just adds electronic vaping devices to our definitions section because sections, section eight creates section 11.096 of the municipal code, which is created to prohibit the purchase and possession of electronic vaping devices that are not otherwise regulated by Wisconsin statute section 25492.

So it's kind of filling in a gap in that section and saying that the electronic vapor vaping device, which is defined in section 1109 sub-1, um, no person under 21 years of age can purchase, attempt to purchase, or possess an electronic vaping device except as follows.

And then there are a couple of exceptions there.

This kind of tracks the state statute again, adopting it into our municipal code.

But uh vaping devices, of course, over the last I don't know what, 15-20 years have become much more of a problem, and particularly among younger people.

So to overuse an old expression, this puts another tool in the toolbox for our officers to enforce that.

And going back up now to section seven, this adds or creates a new subsection of 1109 sub-2B to prohibit smoking on the grounds of school district property, making that a municipal violation.

Then finally, we are in section 9 creating a new section of the municipal code to prohibit the misuse of the 911 emergency telephone number system.

We have people that call 911 for reasons other than true emergencies.

And we want to be able to dissuade people from doing that because obviously it ties up our dispatchers and the lines when there may be real emergencies going on and preventing people from getting through as quickly as the otherwise might.

So no person shall utilize the 911 emergency telephone number system by means of a call originating within or received within the city of Waukeshaw for any purpose other than to report an emergency or to report a claimed emergency while knowing the fact situation being reported does not exist.

But we decided against that because we don't want to create we don't want to discourage people from making 911 calls when they have to make the call.

And you're not always going to know, and we would always rather that people err on the side of caution and make the call, and we'll deal with the situation later.

So this still requires that you know that the fact situation being reported does not exist.

So that's really everything that's in there.

What we would like you to do is to make a recommendation to the common council to uh take it to a second reading and uh consider adopting all of these sections.

Um we would like that to happen as soon as possible.

I'm not suggesting that we need to waive the third reading, but we would appreciate this being moved up to a second reading tonight.

So please ask any questions that you have.

Go ahead.

Yeah, I just have a quick question regarding section five, um, that it's not a defense of enforcement.

Um I guess I'm also envisioning a situation where somebody drops a couch off on someone else's property, and now that we also have a fee uh that would be imposed, like if you wanted to have Johns come and pick that up.

Um, who like who would have that financial burden?

Um I you know, right.

So if somebody comes and drops a couch off, I don't want to have to pay for that couch to be picked up.

Um is there any recourse for somebody who has been essentially the victim of that dumping crime?

Well, the recourse would exist in uh making a claim for restitution if a person is charged under the the new dumping ordinance.

Um, as you'll see, the very last subsection of the new dumping ordinance is about restitution, and in addition to any other penalty imposed by this ordinance, the owner affected by illegal dumping may request, and the court may grant restitution in the amount of any actual costs incurred in the removal of illegally dumped material and restoration of the property.

So that's assuming that we have identified the dumper.

Unfortunately, there will be cases where the dumper will never be identified, and we would uh that cost would fall on the property owner to clean it up.

Uh, if you put yourself in the position of that property owner, somebody comes and dumps a sofa out on your curb, you're gonna want to get rid of it.

You don't want an old sofa sitting out there, and unfortunately, uh unless we have somebody that we can go after, that property owner is going to be responsible for cleaning that up.

Uh we don't really have a provision, an exception in the uh the garbage and recyclables collection uh to account for that cost, but you know, it's one of those annoyances of living with people that are willing to dump their stuff on uh other people's property.

Good reason to have a doorbell camera.

Yeah, right.

Um thank you that answers my question.

Brian, I've got uh a situation right now where uh we've we've got eight uh mattresses lying at the end of a cul-de-sac.

Uh not the back end of it, the front end of it.

That's right right along University Drive.

And uh I I the way I understood it was we were gonna send enforcement there and see if we could determine who might have uh left that because being at a cul-de-sac, you kind of keep an eye on everything, everybody does.

I have another uh uh constituent last year.

We we redid Silvernail Road, and uh with that ATT came in, and we Energies was was in because they wanted to uh uh have some of the power lines underground, and then ATT was putting in new uh fiber service, and my constituent called me, he's on the corner of Sussex and Silvernail and a massive amount, like from here to the wall over there, and probably about this deep, and uh brush that was uh removed so they could get in there and work on it.

Is uh we probably can't define that.

I wouldn't think in this ordinance uh to you know, because we quite frankly didn't know if it was the ATT or we energies, and of course they both denied it.

So yeah, yeah, yeah.

Well, that's always the trick is finding out who did it, and uh you know what you hope for is some kind of lead at the scene where there's uh you know uh a letter among the refuse with an address on it and a name and so on.

Uh or as you mentioned, ring cameras are becoming more and more useful in solving these kinds of things.

So yeah, that's always gonna be the problem is finding the perpetrator.

Our police are pretty good at that, though.

Other questions, comments, concerns.

I'll entertain a motion.

Alicia.

Yeah, um, I will make the motion to recommend um the revisions to municipal code chapter 11 uh to move on to council for approval.

I have a motion by Alder Halvin Sleyman, seconded by Alder Van Trieste.

Um any comments before we vote?

Or questions?

Okay.

Please vote when it's before you.

Halvin Slavon, aye.

Haven't slaven.

I'm an I as well.

There we go.

Thank you.

Okay.

That item did pass unanimously, and we'll go to uh counsel at our I assume at our next meeting, Brian.

Yes.

Okay.

And this might be an opportunity for me to throw in here the next meeting of this committee.

I would like you to consider the chapter nine revisions.

I had sent out a memo a couple, I don't know, two or three weeks ago.

Uh that's another one that's kind of been sitting on the back burner simmering.

So if you uh would uh take a look at those materials again and be prepared for it, I'll I'll be asking that it be on the next agenda for this committee.

Okay.

All right.

Um I'm gonna jump back up to item four, which is our license items tonight.

Um we have a few invitees and a few licenses to take care of.

Um first item under item four is invited bartender applications.

Uh the right sheet here.

We have two invited bartenders this evening.

Not sure if they are here, but we will see.

Um first one is Paul Sperk.

Is Paul Sperk here?

Not seeing anybody move up.

Um this was his first invited uh invite.

Did the council or the committee want to make a motion, or would we like to uh hold him over for our next meeting?

Hold him over.

Come over us.

Okay.

Um we will hold him over and re-invite him for a second appearance.

All right.

Our next invitee is Anthony George Zakowskis.

Again, I'm not seeing anybody come up to the podium.

Um representing that person.

This is his second invite.

Um, and again, I think uh given the record, the committee would like to see him, so we will hold that one over to our next meeting as well.

Um those were our two invited bartenders.

Moving on to invited other invited applications.

Uh we have one invited application this evening, and that is for Silver Hayes.

Um I apologize in advance if I mess up this name.

Uh Sir Bindkumar Patel.

If you could come up to the center, um state your name for the record.

Uh I'm the manager.

Okay.

Uh Silver A Smoke Shop, David Potel.

Okay.

Um, so you were invited in as a representative for a licensed renewal because uh your establishment failed um two compliance checks regarding the sale of tobacco to uh underage persons.

Yeah, uh we bought like eight months ago that business.

So it was a new ownership, and we vote for Illinois.

So I was not familiar with this products and everything.

So and we changed the register, which was with age verification and everything, so we don't want to take chance, but I will make sure next time everyone repeat it.

Okay.

Brian, did the city attorney's office have any comments on this renewal?

Okay.

All right.

We have a motion on the item.

Yeah, absolutely.

Okay, uh, Mr.

Patel, are you uh you are a new manager there?

Are you?

Yep, yeah, that's what I understood it.

Okay, thank you.

Okay.

Um yeah, I I will uh make the motion to approve the um license for silver haze cigarette and tobacco.

I'll second that.

Okay, we have a motion and a second.

Uh motion by Alder Halbenslavin, seconded by Alderman Lemke.

Um if there's no other questions or comments, please vote when it's before you or voice vote.

Alvin Slavon aye.

Lemkey.

Lemke aye.

And I clicked yes.

Thank you.

And that does pass unanimously, so that will move on to our uh to our agenda on our next council meeting, which is a week from tomorrow.

And uh the clerk's office will contact you uh assuming that it's uh approved.

Thank you.

I appreciate that.

What's a week from our next council meeting is a week from tomorrow.

I didn't hear you say a week from tomorrow.

I thought I said a week from tomorrow.

A week from tomorrow, just for clarify.

Okay, all right.

Next item is other bartender applications.

We had one other um bartender application that was not invited, and that is for Kaylin Marie Jean Young.

Um did have uh one item, a possession item that was uh called out, but back in 2019, so not uh meeting the requirements for being uh invited.

Um I will make a motion to approve the uh the item as presented for the for Kaylen Marie Jean Young.

Go ahead.

I'll second.

Okay, we have a motion and a second.

Were there any questions or comments about this?

Okay, please vote when it's before you or voice vote.

Holvin Slavin High.

Lemke I.

And I clicked yes.

And that item does pass unanimously as well.

And we had uh our next item is other applications.

So these are applications for licenses that were not requiring an invite.

Um we have three here.

Were there any questions or comments about any of these uninvited licenses?

Entertain a motion to approve.

Go ahead.

Yeah, I'll make the motion to approve the following licenses.

Foxview lanes extension of premises for May 2nd with May 3rd as the rain day, alarm system innovators for private alarm system, and eco ATM LLC for second hand article dealer.

Okay.

I have a motion by Alder Howanslavement, seconded by Alder Van Trieste.

Um key I.

Please vote when it's before you.

Halvin Slavon I.

Um, so our second item.

We have two two similar items.

The first one, discussion and possible recommendation on an AB 105 submitted for North Pillar Brewing Company to coincide with Friday Night Live, and that's for June 5th, 12th, 19th, July 10th, 24th, 31st, and August 7th, 14th, and 28.

Um Brian, did you want to make any comment about these?

Um I know we've done a few of these now under our belt.

So right.

Um Friday Night Live, of course, is the application has been made for it to be EDORA this year.

So of interest to me on both of these AB 105s is what the licensed premises is that's described in the application.

Uh I don't have the applications in front of me, but I would uh recommend that you look at what their licensed premises descriptions are because uh there has to be a premises described.

We can't make the premises for them the entire footprint of Friday Night Live.

Uh, and particularly with the farmers market application, because we cannot have people just wandering throughout the entire farmers market with open intoxicants.

Um they will need to have a definite licensed premises area, and they'll have to define that.

I think this is a kind of an interesting intersection of the um full service retail permit with Adora.

Probably hasn't happened too many times before.

So there is a section on the application um labeled as premises description, and I'll read for you what is in that section.

It says North Pillar Brewing will have a tent and table set up within the approved Dora area in front of idyllic bubble tea and their stage.

All beverages will be served in accordance with the laws set for the approved DORA for Friday Night Live.

North Pillar presence has been approved both by the WDBA and Idyllic Bubble T C attached.

Where is Idyllic bubble tea?

It's on grand, I think.

It's like just up from the five points.

Um it's within the footprint of Friday.

I can place it now Kitty corner from so this is going to be on the street.

Yep, correct.

Yeah.

This is going to be on the street, not on private property.

Correct.

That's what they are describing at least, yes.

I'd like to take a look at that a little closer and think about that.

Would we be able to, and I I know I'm not the chair and I won't be on this committee anymore, but I think it might be useful if we could have North Pillar here for the next meeting as well.

Because I think I have questions for them, and I imagine that the new makeup of this committee may also have some questions.

In addition to Brian's questions.

I'm I'm comfortable with that.

Um holding this over.

Um it seems like we have time before we need to official approval here.

On this one we do.

And since this is Dora's are new, FSR permits are new.

We don't want to get off on the wrong foot here and set the incorrect precedent.

Yeah, and I don't know.

I'm I'm not sure if there was any kind of mapping that was attached.

I don't see it on the attachment that's on the uh that's attached to the agenda here online.

So I don't know if that would help create some definition of that question.

Um yeah, I yeah.

Well I think uh the committee or the the council could impose a premises description.

Um the catch here is that it would be on the street.

So we'll we'll take a look at that and report back.

Okay.

Um the second one for the farmers market, their first one that they're asking for is May 2nd.

Um so I would imagine that that would be after the next committee meeting would re would be for the May 5th council meeting.

Um I think as long as that application has a defined premises in it, and they are uh adequately marking it and keeping people within the premises, then it's fine.

But what what we don't want, and I think it would be the natural assumption of attendees at the farm market, is to think that they can buy a beer there and then walk throughout the entire farm market with it.

It does say in the description um that it's for to go packs only.

Um so like it's it's not meant for them to be drinking on premises.

This is like a to go here, you can pick up your beer here instead of going directly to the perfect brewery.

So to me, this one seems a little more straightforward.

Perfect, good.

Yeah, I can I can read it to you if you have a it says North Pillar Brewing will have a rotating stall location in the north end of the Waukeshaw farmers market where we will set up a table intent and sell four packs of our beer to go, no on-premise beer sales, just to go packs only.

Full list of dates includes May 5th, 16th, 30, June 13, 27, July 18, August 1, 15, 29, September 12, 26, October 10, October 24.

Perfect.

Yeah, no problem.

Okay.

Okay, yeah, go ahead.

Yeah, um, I'll make the motion then to approve the AB 105 for North Pillar Brewing Company uh to serve four packs to go only on the dates indicated on their application.

Oh second.

Okay.

All right.

We have a motion by Alder Helmanslavin, seconded by Alder and Dean Lemke.

Any comments or questions before we vote?

Okay, please voice vote or vote on your machine.

All of enslavement aye.

Lemke I.

All right.

And that item did pass unanimously, and we'll move on to council with that recommendation.

All right.

Those are, I believe, all of our business items for the evening.

Uh, item six is communications.

Anything from the city attorney's office?

Nope.

Anything from the clerk's office?

Nope.

Okay.

Um item seven is adjournment.

Is there any uh objection to adjourning?

Here and see none.

We are adjourned by unanimous consent.

Thank you, everybody.