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Kenosha committee defers two operator‑license hearings after city fails to effect service
Summary
The License and Permit Committee deferred two operator‑license hearings (Joseph Rausch and Alexander Diaz) to Feb. 24 after city attorneys said they could not achieve personal service and will pursue publication in the Kenosha News; committee members pressed for a process to avoid repeated deferrals.
The Kenosha License and Permit Committee on Feb. 2 deferred two hearings seeking action on operator licenses after city attorneys said they had been unable to effect personal or substitute service on the licensees.
Deputy city attorney Brian Tarbosian told the committee the prosecution has been unable to serve the individuals and is unlikely to obtain personal service. City attorney Mr. Nudo said service by publication is a viable option but flagged a timing conflict: under chapter 801 publication requires three consecutive insertions, while the municipal liquor code calls for a hearing 3–10 days after service. "Service occurs after the 1st insertion," Mr. Nudo said, "but chapter 801 requires 3 insertions to have service fully complete," creating a scheduling mismatch the city seeks to manage with staggered notice.
The city plans to submit notices to the Kenosha News and aim for insertions the weeks of Feb. 9, Feb. 16 and Feb. 23 so the committee could take action at its March 2 meeting if the publication schedule aligns. Committee members pressed on cost and enforcement: Alderson Harper asked who pays for the publications and was told the city bears the cost; members also warned that repeated noncompliance could allow an operator to "go dark" and keep a license if the city never completes service.
Acting on those constraints, the committee voted to defer the hearing for Joseph Rausch to Feb. 24 and later similarly deferred the verification matter for Alexander Diaz to the same date, giving city staff time to complete publication and return with proof or, if applicable, an appearance by the licensees. The committee did not direct the prosecuting attorney to a specific course — city counsel reiterated that prosecutorial discretion governs whether and how a case proceeds.
The committee's next regular meeting is scheduled for Feb. 24, at which staff said it will report back on publication dates and any service developments.
