MONROE - Should state statute apply to liquor license violations, or should city code? And can the Monroe City Council overrule a License Committee decision?
The answers to the questions facing aldermen Tuesday determined whether Friendly Inn, Inc., would receive probation or a suspension of its liquor license in connection with a gun raffle and Super Bowl pool earlier this year.
Ultimately, the council voted 7-2 to approve probation for the establishment. Aldermen Charles Koch and Mark Coplien voted against the approval.
Monroe Police Chief Fred Kelley signed an objection to the License Committee's decision - with a 3-1 vote - to put Friendly Inn on probation until June 30, 2010. His objection was that the committee based its decision on city code rather than a state statute that allows for the suspension of a license.
But Todd Schluesche, attorney for Friendly Inn and its co-owner Richard Schindler, objected to the police chief's objection. He pointed to the same city code that requires the council to follow the License Committee's recomendation.
"The City of Monroe and the Common Council cannot, after the License Committee has made its recommendation, fail to follow" that decision, Schluesche wrote to the council.
Kelley's objection amounts to opening up the case again, he said.
"That is clearly a violation of due process, and amounts to a violation of your own law on license complaints," he said.
Even if the city had followed state law, Schluesche said, the statute says the municipality only "may" revoke, suspend, or refuse to renew a license - it is not required to.
Alderman Jan Lefevre said she could sense the frustration of council members who attended the License Committee hearing April 21.
"Homework should have been done before the committee met," she said. "You can't change the rules in the middle of the stream."
Voting for the recommended probation, "shows some accountability, some punishment; a vote against means things go on a usual," she said.
The original recommendation for probation was reached jointly and submitted to the committee by Attorney Dan Bartholf, representing Kelly, and attorney Scott Thompson, representing Schlindler.
On Jan. 12, an undercover agent went to the bar and paid a $100 entry fee for the gun raffle. Brian Withrow, supervisor with the Wisconsin Division of Gaming and Charitable Raffle, said the owners had not applied for a raffle license through the state.
In court documents filed March 17 in Green County Circuit Court, the state has asked for more than $3,000 collected by co-owner of the business Christopher R. Schindler during a gun raffle and also from a Super Bowl pool conducted in February.
According to the complaint, $3,313 was collected through the commission of crimes of gambling and an illegal lottery.
The answers to the questions facing aldermen Tuesday determined whether Friendly Inn, Inc., would receive probation or a suspension of its liquor license in connection with a gun raffle and Super Bowl pool earlier this year.
Ultimately, the council voted 7-2 to approve probation for the establishment. Aldermen Charles Koch and Mark Coplien voted against the approval.
Monroe Police Chief Fred Kelley signed an objection to the License Committee's decision - with a 3-1 vote - to put Friendly Inn on probation until June 30, 2010. His objection was that the committee based its decision on city code rather than a state statute that allows for the suspension of a license.
But Todd Schluesche, attorney for Friendly Inn and its co-owner Richard Schindler, objected to the police chief's objection. He pointed to the same city code that requires the council to follow the License Committee's recomendation.
"The City of Monroe and the Common Council cannot, after the License Committee has made its recommendation, fail to follow" that decision, Schluesche wrote to the council.
Kelley's objection amounts to opening up the case again, he said.
"That is clearly a violation of due process, and amounts to a violation of your own law on license complaints," he said.
Even if the city had followed state law, Schluesche said, the statute says the municipality only "may" revoke, suspend, or refuse to renew a license - it is not required to.
Alderman Jan Lefevre said she could sense the frustration of council members who attended the License Committee hearing April 21.
"Homework should have been done before the committee met," she said. "You can't change the rules in the middle of the stream."
Voting for the recommended probation, "shows some accountability, some punishment; a vote against means things go on a usual," she said.
The original recommendation for probation was reached jointly and submitted to the committee by Attorney Dan Bartholf, representing Kelly, and attorney Scott Thompson, representing Schlindler.
On Jan. 12, an undercover agent went to the bar and paid a $100 entry fee for the gun raffle. Brian Withrow, supervisor with the Wisconsin Division of Gaming and Charitable Raffle, said the owners had not applied for a raffle license through the state.
In court documents filed March 17 in Green County Circuit Court, the state has asked for more than $3,000 collected by co-owner of the business Christopher R. Schindler during a gun raffle and also from a Super Bowl pool conducted in February.
According to the complaint, $3,313 was collected through the commission of crimes of gambling and an illegal lottery.