LHPS 2026 08 24

[music] Oh, you want to do a show or something? >> I think so. >> Pretty good at it. >> Good afternoon, everybody. We call this meeting of licensing hearing and public safety to order. We'll start with a roll call. Alder Graine >> here. >> Alder Haidderman >> here. >> Alder Kelly >> here. Alder Pella >> here. >> Alder Boris is also here. Please join me with the pledge of allegiance. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Okay. >> All right. Um we'll move on to item four, approval of minutes. Looking for a motion. >> Motion approved. >> Second. >> Motion was made by Alder Heidman, seconded by Alder Kelly. Any discussion on those notes? All in favor state I. I. >> Any opposed? Nay. Chair votes I. That passes. Do we have anyone here for public comment for item number five? Any. >> Do you have anyone? We have anyone here for public comment. Are you here for public comment this evening? >> I was here for Item eight. >> Item eight. Okay. Um, then we'll have we'll get to that shortly. Anyone else? Doesn't look like we have anybody else for public comment. So, we'll move on to item number six, resolution number 982627 by older persons Boris and Heidi authorizing the creation of a temporary designated outdoor refreshment area during the 2026 Riverfest event. Would anybody like to speak to this item? Attorney Majur. >> Hi, thank you. Uh so the request is for a designated outdoor refreshment area surrounding the Riverfest uh grounds which is held off the uh Shboen River area uh between like Parker John's and um the Harbor in and Suites Hotel right over there. Okay. Do we have any questions for attorney Majaras or anyone else on this item? >> Move to approve. >> Second. >> Motion was made by Alder Heidman, seconded by Alder Graine. Any further discussion? All those in favor, please state I. >> I. >> Any opposed? Chair votes I. That passes. Item number seven, resolution number 872627 by older persons Boris and Heidman approving alcohol beverage tobacco licenses. Um, city clerk, would you like to comment on this one? >> Sure. >> These licenses haven't been reviewed by staff yet, so we're asking that it be held until the next LHPS meeting, please. Okay. Thank you. That will be held until our next meeting. We'll move on to item eight, quasi judicial hearing to determine whether beverage operators license number 5255 for David Pennybecker shall be renewed. >> Yes. Uh, just want to check the technology real quick and make sure that attorney Ian P is on remotely. Looks like we have a thumbs up from Scott. There he is. Okay, all good. Thank you. >> Okay, so um, who will be presenting first for this quasa judicial hearing? Will that be you, Attorney Majeras? >> Okay. Are you going to join us at the podium or from your seat back there? Thank you. >> And uh perhaps I'll go stand over there to begin. Um city well I'm going to call Lieutenant Rubnik to the stand to the podium to talk to you about uh the reasons the staff is recommending denial of this uh operator permit. I do have a few exhibits um that I'll hand out real quick. I did um Melissa emailed them to attorney pro. So I I hope he received >> Okay, >> I did. I received them. >> I This is Matt Murray. He's our new assistant city attorney. We're very excited to have him on board. >> And are these all the same items in the folders? I assume. Okay. Thank you. Attorney Majurus, do we need to mark these as exhibit ones, two, and three? Uh, once the typically we would ask that they be marked as exhibits once the testimony relating to those documents has been presented and that testimony will be brought forward by Lieutenant Rubnik. Thank you. >> Okay. So with that, I I would ask Lieutenant Rutnick to come up and and testify. >> Okay. Um, Attorney Majeras, correct me if I do this incorrectly, but can you please state your first and last name and your position? >> Uh, first name Rebecca, last name Rupnik, spelled R U P N I C K. I am patrol lieutenant with the city of Shboen uh police department. >> And do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. >> Okay. Lieutenant Robnik, how long have you held that position? >> Uh as lieutenant, um about 6 months. >> Okay. And how long have you been with the police department? >> Um be 23 years in December. >> Okay. And how um I I take it you have experience in training in alcohol licensing operator uh beverage operator licensing permits. >> Uh yes, I did receive some uh training from outgoing Lieutenant Matt Walsh prior to his retirement. >> Okay. And um are you a member of a staff committee that uh gets together and and decides whether or not to recommend approval or denial of these uh applications? >> Yes. >> Okay. And uh in this staff committee, what departments are represented? >> Uh the police department, the city attorney's office, and the city clerk's office. >> Okay. And you're the representative for the police department. >> That is correct. >> All right. And staff committee reviewed Mr. Penbecker uh's application. I pronounced that correctly. >> What's that? >> Penbecker. Is that how you pronounce it? >> Okay. And and staff committee reviewed Mr. Penbecker's application. >> Yes. And um this was an application was it to renew his operator's license? >> I believe so. Yes. >> Okay. And what uh what I I guess can you explain that process to us? What what goes into that uh review? >> Um during the renewal period as well as for um new applications. Uh the clerk's office once they receive the applications for renewal or a new application will send over um what we refer to as a police sheet uh to the police department. It's received by our records department. Uh our records department runs the person the applicant's name through our in-house records as well as checks for to see if the person has any wants or warrants or if they are on probation or parole. Uh they will then also attach any and all in-house records. Um so these would be records that are uh collected from all agencies in the Shabboan County. Um they put that together for a packet for me for my initial uh review. Um, some of the things that I look for, particularly with renewal applications, is I look for any new offenses or arrests that have occurred since the last renewal period. Um, so in this particular example, um, I observed that Mr. Penbecker had a new arrest for operating under the influence. That would have uh, according to the records happened in August of 2025. So that would have been after the 2025 renewal period but before this 2026 renewal period. >> And when you initially checked that, what um level of OWI did you observe? >> Uh when I observed the arrest in our in-house records, I checked uh CCAP and found according to court records at that time in June when I reviewed it that he had a pending fourth offense felony OWI. >> Okay. And so once you review the initial information that's provided to you, what happens then with the uh staff committee? >> So after I do my initial um review uh that first review with the police sheets, uh generally I'll make a note of what my recommendation is. So either okay or approve or discuss or deny. In this case, according to my note on this initial police sheet on June 6 of 2026, I recommended to deny based on the pending felony OWI. >> Okay. And that initial recommendation was brought to the staff committee. >> Correct. >> Okay. And and so what happens once you bring it to the staff committee? >> Um the clerk's office will receive the the full DOJ um criminal background uh criminal history. um and uh that may contain additional information that I wouldn't have access to in our in-house records. So, for example, arrests and convictions from outside of Shboen County. So, that's another contributing factor potentially. Um and then again, as a a staff committee, we make our final recommendation. And again, in this particular case, um the final recommendation was to deny. Okay. And was the basis for the denial simply this new charge or or what's the full basis? >> Um well it was in part because of the new charge, but obviously uh one of the things we look at is when there are new arrests. Um we look at is this something that's substantially related to the license itself. And historically um habitual arrests and convictions for alcoholrelated offenses particularly OWI are grounds for denial um of application. >> Okay. So you said uh initially it was on on it was charged out as a fourth offense felony OWI. Is that correct? >> That's correct. >> Okay. [clears throat] And do you recall um when Mr. Penbecker's prior convictions were >> uh a review of Wisconsin Department of Transportation records found that um his first conviction was back in 1993. Um another arrest in 2005, followed by another arrest in 2006, another arrest in 2011, and then this arrest in 2025. >> Okay. So that that would be five, right? >> Correct. according to uh Wisconsin Department of Transportation Records. >> Okay. And the the Department of Transportation Records, I guess I'm going to ask that this be marked as exhibit one. This would be the first document that was in that folder. Um this is a a copy of Mr. Penbecker's uh driving record. Correct. >> Yes. >> As it was run at 10:28 this morning. >> Correct. >> Okay. And so the the convictions that you're listing uh those are all listed on there. >> Yes. Okay. The 2011 arrest, that's not on here, right? >> Oh, sorry. I apologize. That one's not on the DOT official record. >> Okay. And can you tell us what that 2011 arrest, what was the arrest for? the initial arresters for uh let me I have to go back to the criminal complaint. I apologize. >> That's okay. And the criminal complaint that you're looking at, that's uh perhaps exhibit two that we can mark um that notes an offense or violation date of Friday, September 23rd of 2011. I'm sorry. What was >> the the the complaint that you're referencing is the one that notes that the violation date in the perhaps second full paragraph was Friday, September 23rd, 2011? >> Correct. And I apologize, I misspoke. The uh the 2011 offense was for operating with a prohibited alcohol concentration. >> Okay. And what level of offense was that? >> Uh fourth offense in 5 years. >> Okay. And was that a misdemeanor or a felony? Um, that one was listed as a a class H felony. >> Okay. And that one was not on his driving record as we just discussed. Why? Why is that? >> Uh, I would presume that was part of the court proceedings or possibly part of the settlement. >> Okay. Did you review the circuit court access website? >> Yes. >> Okay. Um, it's it's true that this charge was ultimately amended to a negligent operation of a motor vehicle, right? >> Yes. >> Okay. But the complaint here lists that Mr. Penbecker had a a legal limit and he was investigated for and charged with um operating with a prohibited alcohol concentration fourth within 5 years. >> Yes. >> And after your third offense, what is your legal limit to drive? >> Uh 02. >> Thank you. Okay. So, we started talking about the the offense that's pending right now. Um, you said that was a felony fourth offense. >> That's how it was initially filed, correct? >> Okay. And and how is it now? Uh as of earlier this month, um due to some court proceedings, um the the state and the circuit court made the decision uh that they were going to dismiss the fourth offense uh felony OWI and refile it as a third offense misdemeanor OWI. >> Okay. And that was based upon a uh what we call a collateral attack motion. Correct. >> Yes. >> Okay. And the collateral attack motion doesn't remove that prior from his record. It just means that it's not counted in the currently pending charges. Right. >> Correct. My understanding is it doesn't change how it is counted for DOT purposes. Um it's more of a legal matter for the circuit court. >> Okay. And um ex the last document we can mark as exhibit 3 is the uh the criminal complaint for the current charge which lists operating well under the influence third offense uh with an incident date of September 24th of 2025. That's that's the currently pending charge. >> Yes. >> Okay. So despite it having been collaterally attacked, it's still um the prior conviction that's not counted is still on Mr. Penibacher's driving record. Right. >> Yes. >> And the Department of Transportation will still treat that as a prior conviction even if the court's not treating it as a prior conviction. Is that right? >> That's my understanding. >> Okay. So if Mr. Penibacher is convicted of this new charge, his license would be revoked for life as it would be with a fourth offense, right? >> I believe so. Yes. >> Okay. >> What are the conditions of bond that Mr. Penibacher's on currently? >> So, Mr. Pibacher does have an open bail bond. Even though it's uh been converted to a misdemeanor, it's still an open bail bond uh with specific restrictions prohibiting him from consuming alcohol or being on the premises of a tavern or any business whose primary um purpose is the sale of alcohol. >> Okay. So basically he's not allowed to be in any bars or taverns. >> Correct. >> Okay. Is he currently being monitored by any type of uh pre-trial programming? >> Um I believe he is reporting to ATI which is yes a monitoring program as part of his bail conditions. >> Okay. And can you briefly tell us what that is? ATI >> uh well it depends what it is like I said it's a monitoring program. The level of monitoring can um vary uh very broadly. Um, it depends on the what the court sets it at. So, it could be anything from having to wear a GPS monitor to um having to report daily for alcohol monitoring or weekly or monthly. I do not know off the top of my head what uh Mr. Penbecker's level of monitoring is with ATI. >> Okay. And so you touched on it a little before, but why why is this an issue for a bartender to have, you know, a series of OWIs, pending OWI? Um, it may be self-explanatory, but can you explain? >> Sure. Um well obviously we entrust that our bartenders, our licensed bartenders, one of their responsibilities is not to overserve and ideally not to allow individuals who are obviously intoxicated to operate a motor vehicle. Whether that's making sure that they have a safe ride from an Uber or a friend or whatever the case may be. Um that's one of the things we are entrusting our bartenders to to do. Um and it is my belief and the belief of the committee that uh when you have someone who has numerous arrests and convictions for OWI, that person has demonstrated that they themselves um are not responsible as far as their own consumption of alcohol and then operation of a motor vehicle. Um and that is significantly related to their holding a license to uh serve alcohol. Okay. And and so what is again the recommendation of the staff committee? >> Our recommendation is denial. >> Okay. I have no further questions. I would I'm not sure if I'm supposed to admit the exhibits. Um but if I am, I would move for admission of the exhibits. And uh thank you. >> Okay. >> I marked bits in my folder. Is that appropriate? >> All right. So then I would just say we the city asks that all exhibits referenced be moved and introduced as exhibits uh and be documented in the in the official record for the uh quasi judicial hearing. >> Okay. Thank you. Um can the committee ask questions? >> I believe so. Yes. >> Does anyone have any questions >> for the lieutenant? [clears throat] >> Alder Pella. Well, actually, I don't know if it is for the lieutenant, but I would like just to have a refresher of what is that um what are the requirements when you apply for the license? Are there requirements specifically to um violation of these types? We do allow. So, I'm I'm asking if we allow for whomever has had violation of these type to apply. Do >> you want me to speak briefly? Sorry. >> So are people who with violation like the ones that uh obviously we can see here from um that do Mr. Penncker has are there restrictions for applicants with this type of violation or everybody can apply regardless of the violation that they have >> deferred into. >> Nothing prevents somebody from applying for a license. uh the uh past criminal record or arrest record uh would be reviewed during the analysis of that application. Uh but we do not have any forwardfacing document that warns applicants that certain things might be um might disqualify somebody from a license. Uh the state do have some materials available on their website and it is one of our offic's goals to develop some materials to support the licensing program but we don't have that yet. >> Thank you. >> Are there any other questions? >> Um Lieutenant, could you um could you comment on uh this now being a misdemeanor versus a felony? If this would have originally been a misdemeanor at the time that it was reviewed, would it have been treated with the same recommendation or would you have arrived at the same recommendation? So, the short answer is it depends. Uh when we're talking about third offense owi, one of the factors that will come into play is the period of time over which those arrests have come. So, um, for example, historically speaking, um, if somebody has, uh, just a first offense owi, which is not a criminal charge, it's a it's a traffic forfeite, albeit a serious one, but if someone only has uh, one um, o arrest and conviction for owi, uh, the committee has acknowledged that um, people make mistakes and and can, you know, learn and change from that. Uh so for example a first offense owi would not be like an automatic denial. Um when we start getting into third and subse you know third offense owi as a misdemeanor. So then we look at the time frame in which those um owis uh convictions took place. Um how many years between um but certainly when we start getting into the range of fourth offense or more that um demonstrates uh more of a a pattern of behavior that has not been corrected um by the by the applicant. >> Thank you. Um, one additional question as far as the um, bond conditions that you had mentioned, >> those will no longer be in place once a final determination of the misdemeanor has been made. Is that correct? >> That bond condition, uh, correct. That would no longer be a factor once the case uh, is ultimately resolved. whether that be um with a dismissal or settlement or conviction. However, um in the case of a conviction part of the sentence in these types of cases will likely carry similar prohibitions. >> Thank you. And just for clarification, the conditions that you mentioned include the monitoring as well as the prohibition uh prohibition from uh working in an environment where alcohol would be served. Is that correct? >> Correct. >> Thank you. Um no further questions from the committee or sorry Alder Plla >> just just a clarification on what I heard. So if for example the last violation would end up in a dismissal, would that in any way impact your recommendation again it while while uh the the court may come to certain um settlement agreements or or um decisions. Uh the way they count things are counted a little different than what the DOT um count is for prior OWI convictions. Um historically, at least in my role, I lean very heavily on what the Department of Transportation lists for the uh alcohol violation count. I think perhaps attorney Murray could speak a little more to that piece, too. Sure. There there's still an administrative suspension of Mr. Penibacher's license on his DOT record, right? >> I believe so. Yes. >> Okay. And the the to answer the question about what happens upon conviction, um there can be conditions of probation that would prevent uh basically similar to what's uh been imposed as a condition of bond, right? >> Yes. And then the law also allows the committee and council to um I guess base decisions on arrests in addition to convictions. Correct. >> Correct. We are permitted to take arrests into consideration as well as convictions. >> And the arrests were not for misdemeanor in this case. It was he's been arrested twice now for two felonies, right? >> Yes. >> Two felony OWIs. >> Yes. Well, the felony PAC and then felony OWI. Okay. >> And the difference between PAC and OWI, >> um, the PAC speaks directly to the alcohol concentration found in the blood. >> Okay. It's basically the same thing. If somebody's convicted of the OWI or the PAC, it's essentially the same thing. >> Correct. >> I have nothing else. >> Thank you. Do you have any other witnesses? >> Um, no, I do not. >> Okay. Um, so at this point in time, Mr. Penbecker can present his side of the case. Is that correct, Attorney Majaras? >> Yes. Once the city has rested, then he has an opportunity to present any statements or evidence or testimony that he would like. Okay. >> Related to the issue, >> we rest. >> Thank you, >> Mr. Penbecker. Um, this is your opportunity to present your side of um your case. If you could start by stating your first and last name. >> David M. Penbecker >> and Attorney Majeras an oath as well. >> I'm sorry. Do we need to do the oath as well? >> Yep. Ask him to state his name, spell his last for the record, and then swear the oath. >> Can you spell your last name? P [clears throat] E N E B E C K E R. >> And do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Proceed. >> Um, over the span of 33 years, I have accumulated these offenses. Um, all of them I was stopped by police officers for speeding. Not a single one of them was I ever intoxicated to the point where I was driving bad. Um, no incidences like that. Uh, once [snorts] again, all of them were for speeding. Doesn't take away from the fact that I did have an alcohol content. I think the highest one out of all of them was a 1.2. Um, this last one, the current one that I'm going through, I had a 0.09. So, I was just over legal limit. Um, I don't even know what to say other than over 33 years I have accumulated these and I take my job very seriously. Um, when I'm at the bar, I don't drink. I for the most part I just serve breakfast. Um, I just got a bartender's license just uh to have a little retirement money, extra work. Uh, I [snorts] that's pretty much my story. I this current one has not been resolved yet. So, >> okay. All right. Thank you for sharing that. Um, is there a cross-examination of any sort? >> I I have a couple of questions. >> Would you come to the lectern for us? >> So, um, your legal limit to drive is 0.02. Your legal limit to drive is 0.02, right? >> What's that? Your legal limit to drive is 0.02. >> Yes. >> Okay. [snorts] So, you're more than four times your legal limit even at a 009. >> If I was under 08, it would be driving out of restrictions, not an OWI. >> Well, it would be operating with a prohibited alcohol concentration. >> I can't hear you. I'm sorry. >> It would be with operating with a prohibited alcohol concentration. >> Yes. Yes, you are correct. >> Okay. Have you done any treatment, counseling, anything? >> Just uh state state required. >> Okay. Just just what being monitored through you haven't done any kind of alcohol assessment uh from this recent one. I know you probably had to do one from the 2007, but but no alcohol assessment or anything? >> Yes. >> You is Yes, you did. Or or no, you haven't. for this current one? >> Yeah. >> No, not yet. No. >> Okay. Have you done private counseling at all? >> No. >> Okay. >> Thank you. >> Thank you. Um, any questions for Mr. Penbeck or from the committee? Also, just to be quite honest, as my age has gone by, too, um I have an issue with my heart and it doesn't like alcohol. So, my alcohol consumption over the last several years has diminished uh very little. Um the reason for this last one, I had just so happened to be on a motorcycle ride with uh for the gift for life ride in Plymouth, riding all day. I dropped off my date and we had a couple quick beers and I was on my way home. Um, [clears throat] normally I really he the arresting officer pulled me over for speeding doing 66 and a 55. Um, he caught me at a window of a of very brief window uh where I was [snorts] and I had enough alcohol to fail. Um I really my alcohol consumption has diminished to nothing. Therefore treatment is really I feel I really don't need it. >> Okay. >> Did you have anybody else that you wanted to have speak on your behalf or testify today? >> Um I just have a character witness. Uh >> okay. And um attorney Majaras, is that Germaine? He can call a character witness. >> That's within the within the committee's discretion whether you'd like to entertain a character witness. If attorney P has any other advice on that, I would welcome it. >> Attorney P. Any Sorry. Go ahead. >> I don't think there's any reason he can't. >> Okay. >> So, he can he can present a character witness. >> Thank you. If you'd like to come to the other lectern and if you want to ask any questions of him, you're able to do that. Um, if you could just state your first and last name, spell your last name, please. >> My name is Ezekiel Gruno, G R U N O W. >> And do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Go ahead, Mr. Pennaker, and ask any questions that you have. um just uh how I have been as a person knowing me. >> Um I am the uh newer newest owner of Sly Midtown Saloon. Uh I've known Dave for a while. He's he worked for my grandparents, Dave and Janet Sly. Um I basically come here to vouch for him. You know, I I want to get him back on track here hopefully helping out again. you know, he always worked breakfast there for I think 3 years now. Um, I think a really important thing to note about Dave, uh, is since his last arrest, he has been on a a blower, which I don't know how often you blow it, every day, but, you know, it's presumably that's restricting him from drinking alcohol over the last however so months that he's had it. I think that's a very important thing to note that he has not been drinking, at least according to the uh, you know, his PO officer's blower. I don't exactly know what the the words would be for that exactly, but I think that's a very important thing to note that he has not been drinking over the last however long he's had it now. That's all I got. Sorry for now. >> Okay. Um, any questions for this witness committee? >> Alder Gerine, can you hit your button? >> Um, would you say that it's been for the last year then since this was filed? Was it in August of 2025? >> For uh for since he's had the blower. >> Yeah. >> Dave, how long have you had the blower for? If you might I I don't I don't I don't know the exact time. >> When When did you get um the uh the the blower? >> That have been September of last year. >> So, presumably for almost a year now, he has not been drinking. Uh he's he's been monitored entirely by a parole officer and I think that's you know important. >> Yep. Sorry. >> Okay. Thank you. Any other questions? >> No, I'm good. Thank you. >> Okay. Thank you. >> I test four times a day. >> Okay. All right. Um any cross-examination for this witness? >> Um I have nothing else to say. >> Oh, sorry. For the other attorney. [laughter] Um, >> no. >> Thank you. All right, Mr. Pennybecker, anything else that you would want to add at this point in time or do you rest your case? >> Um, yeah. I think I've explained my situation as good as I can and hope I can maintain my bartender's license. That's pretty much it. I >> Thank you. You can have Oh, >> may I say one more thing? >> Sure. >> Sorry. In addition to that, I know I don't want to take too many people's time. Two months ago, I mean, I I was I was talking to Dave and he he also had mentioned to me that since he's been on his blower and he can't drink, you know, he's waking up every day, he's feeling better, he's feeling healthier, and he was telling me he's like, you know, when I'm when I'm he was when I'm done with this, you know, I I don't plan on drinking like that anymore. He he he was very adamant about how he's feeling better and healthier about this whole thing and how he really actually for a while back I think it may have been 4 months ago he was telling me he's like this I think this blower is actually good for me if I if I can just stay on this for a little bit longer instead of like you know trying to find a different kind of deal around that might just be better for me in general. Uh so I mean he's on it and he's not drinking and I think he he's he feels better and I think he's I think this is something that's really actually helped him quite a bit and get him on the right track. I, you know, can I besides I I I'm just trying my best I can to vouch for Dave. I really do believe in him as a person. I think he's a good guy. Um he's made a few mistakes and I think he's on the right path to uh to get into where he needs to be. Thank you. >> Thank you. Okay. If you if you rest then, do you uh rest your side of the case? >> I'm sorry. I can't >> Are do you have anything else you wanted to add at this point in time? Okay. >> Okay. Thank you. Um, attorney Majeras. Uh, and sir, you can have a seat. You can have a seat. Sorry. >> Is closing arguments then or >> it's our final step here? Mr. Penbecker, you can or you can have a seat at this point in time. >> So, Mr. Penibacher seems like a very nice person. He's come here. He's not contesting anything that's been presented to you. And I I understand um the friendship and coming and supporting your friend. But one of the things that's considered is the length of time that happens and putting somebody back into that environment who respectfully I has an alcohol problem. as soon as that bracelet or the the blower comes off, it's a problem. And the problem is more so related to bartending and and being able to enforce the laws which are disregarded. Now, I understand it was a a moment, but that the 009 was the preliminary breath test. That's the little handheld thing at the scene. But the the blood test, the more accurate test that's done later was a 0.1 and that's done an hour or so later. In which case, whether or not your blood alcohol is going up or down, this is not even close to the 0.02 legal limit that he was required to be in. And and as we discussed earlier, the decision is yours. Not just convictions, but arrests can be considered. the fact that one felony OWI was previously dropped was a 006 but still an OWI. A second OWI felony now has been dropped to an OWI3. It's it's it's extremely concerning and that's that's why the staff is recommending that um the license be denied. Mr. Penbacker is welcome to reapply after some time after some counseling and treatment perhaps has been done. if there's a conviction that would be ordered. Um but at this time to to go back into that environment um right away I I this is the reason why staff is is asking that the council deny this. Um this isn't part of the statutes. Chapter 111.335 sub 2 subb discusses the fact that you know somebody even subject to a pending criminal charge whether it's a felony or misdemeanor can be considered and um it it should definitely be considered here. Thank you. >> Thank you. >> Mr. Penaker, you have an opportunity to make a final statement. If you want to say anything additional at this point in time, that's up to you. just that personally I don't think that my record really reflects my situation. Um yeah, they were arrests and but as far as bartending, [snorts] I don't drink on the job. Never have. can ask the previous owner of Sly's bartender, David Sly. I don't drink on the job. I take it very serious. It's >> [snorts] >> uh it's a responsibility. Um I'm that way with my every job I've ever had. Um I guess that's it. >> Okay. Thank you, sir. Appreciate that. So, at this time, we um will move on to item number nine, which is a motion to convene in close session under the exemption contained in Wisconsin statute S19.851A 851A for the purpose of deliberation concerning the non-renewal of beverage operators license number 522, excuse me, 5255 for David Penbecker. >> Looking for a motion. >> Motion to go to close session. >> We have a motion from Alder Heidman, a second from Alder Kelly. All those in favor say I. I. >> Chair votes I. We will now move into close session. Scott, can you let us know when we have attorney P back on? >> I'm here. >> Thank you. >> Okay. I'm looking for a motion to reconvene in open session. >> We'll move. >> Second. >> Motion was [clears throat] made by Alder Heidman, seconded by Alder Kelly. All those in favor state I. >> Chair votes I. We are reconvening in open session. Um item number 11, possible action regarding beverage operators license number 5255. David Penbecker. Um attorney P. >> Yep. So I'm going to read into the record a committee report uh which will ultimately be signed uh if if approved will be signed um and presented to the the council uh for action. Uh the there's the finding of the fact uh which says which states uh based on the testimony and exhibits uh pres presented by Lieutenant Rebecca Rupnik on behalf of the city of Shbboan uh and the testimony of David Pennybecker on August 28th uh 2026. The committee makes the following findings of fact con and conclusions of law. Uh the arrest and conviction record uh for the applicant show the applicant has a history of alcohol offenses, including arrests for prohibited DAC uh on August 23rd, 2025, and an arrest for operating while intoxicated on September 24th, 2025. Uh the applicant has a long-term history of alcohol offenses dating back to 1993. Uh and the applicant did not introduce any evidence of rehabilitation that would mitigate the recent offenses. Uh and then the conclusions of law recommendation would be based on the findings set forth herein uh the licensing hearings and public safety committee recommends non-renewal of operator's license number 5255 uh which is held by David Penbecker. Uh so the motion would be uh that we would be looking or I would be looking for would be to uh recommend non-renewal and adopt the uh findings of fact and conclusions of law and recommendation to council as presented. >> So we're looking for that motion >> motion was made by Alder Plla, seconded by Alder Gravine. Um, any comments on this motion? Alder Heidman. >> Yeah, thank you, Chair. Um, this motion to deny or non-renew does not prevent you from working as long as you have a licensed operator on the premise. Okay. So, uh, that I just wanted to make sure that you understood that it is was something that you you can't do. And, uh, again, it's it's it's unfortunate. I I hope the best for you and uh that's all. >> Sure. Sure. >> Thank you, Alder Heidman. Did anybody else want to provide any other comments at this point in time? >> Okay, then all those in favor state I >> I >> chair votes I. That motion passes. >> Thank you. And then I um uh I did send that to Attorney Majaras and to uh uh the clerk uh for signature. >> Thank you, Attorney P. So, our next scheduled meeting date is September 14th, 2026. We're looking for a motion to adjurnn. >> Make a motion to adjurnn. Second. >> Motion was made by Alder PLA, seconded by Alder Kelly. All those in favor say I. I. >> Chair votes I. We are adjourned. Yeah. [music] Heat. >> [music]