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Texas Jay’s Owner Accuses Town of Dishonesty and Wrongdoing

PLEASANT PRAIRIE, Wisconsin — Village officials say a former strip club owner, who accuses the village board and administration of dishonesty and wrongdoing, don’t tell the whole story.

Village Administrator Michael Pollocoff and Trustee Michael Serpe said a prominent ad placed in the paper Wednesday states George Lyons’ case, but that the village acted properly under pertinent ordinances after he failed to reopen the Texas Jay’s club at another location within 90 days of his license renewal.

“He’s complaining that we didn’t grant his license, but he didn’t have a place to put his property,” Serpe said. “He may have purchased a building, but nothing has come to this board. I’d like to know where this license is going to go, not just (renew it) on an ‘if.’“

In need of property along the I-94 east frontage road for a reconstruction project planned to begin later this year, the Wisconsin Department of Transportation bought the land and building originally housing Texas Jay’s at 9001 120th Ave. after negotiated a purchase agreement with Lyons in 2007.

The village, which was not party to those talks, approved Lyons’ license renewal application in May for that address, making it effective from July 1, 2008, through June 30, 2009.

Lyons subsequently vacated the premises prior to securing another village-approved location for the business within 90 days of the renewal. At a special Dec. 19 meeting, the board voted to cancel the license after the administration cited violation of the time requirement under the liquor license ordinances. No other violations were alleged by the village.

Lyons and his attorney, Raymond Dall’Osto, believe the real reason for the village revoking the license was to keep Lyons from reopening the club, which featured female strippers, a permitted adult entertainment under Texas Jay’s cabaret license. Lyons, who has been in business in the village since the early 1970s, noted local police have never cited Texas Jay’s or any of his previously held adult establishments for illegal activity.

He said Thursday he ran the newspaper ad because he wanted the public to judge for themselves whether he was treated fairly.

“The state bought my property, and (Village Clerk) Jane Romanowski told me, ‘Wherever we got zoning, your license can go with that.’ I wanted people to see the actual letter sent to me by Pleasant Prairie, and I wanted to show they aren’t trustworthy. And they’re not. They never stated the restrictions and time limitations in the letter or verbally,” Lyons said.

“It’s not important for it to be a strip club, but it’s the only club of its kind in Kenosha, and it made money. It’s freedom of speech,” he added. “If you look at my record for ‘Club I-94’ (its name before becoming Texas Jay’s), you will not find one ticket for prostitution or illicit sex. I kept the parking lot monitored by camera, and I had cameras in the whole building interior. So, there was no touching or anything. Everything was according to the rules.”

Lyons, who also owns Tacos to Go in Kenosha and Bob’s on Sheridan in Somers, reprinted the license renewal letter in his ad, with accompanying text saying he was unaware of the 90-day license requirement and accusing the board and administration of illegally setting “a trap to revoke my license.” The ad goes on, “I will be fighting this matter in front of an honest court system.”

While the letter appears to support Lyons’ comments, Pollocoff took issue with his interpretation.

“Under the village ordinance, if you have a license, you have to use it. It doesn’t sit out there for an indeterminate period of time,” Pollocoff said. “It doesn’t have anything to do with discrimination. It’s his management of his license. A liquor license isn’t a right, it’s a privilege. The onus is on the holder to act within the ordinances and the laws of the state.”

He denied Lyons’ accusations that officials snubbed Lyons or ignored his requests to meet, as well as Lyons’ allegations that officials didn’t return his or his architect’s calls when Lyons approached the village regarding a property he purchased at 12677 Sheridan Road, intending to relocate Texas Jay’s there. Pollocoff said he met with Lyons and Dall’ Osto regarding the site.

“They came in with a sketch — not even a conceptual drawing of what they would like to do. I advised them they had to follow the ordinance guidelines that require them to show drawings of what they were proposing, things dealing with stormwater, setbacks, lighting, floor plans and other details,” he said. “I told them they had to prepare a plan for us to review. Until we have something that’s drawn and has a nexus with the real world that lets us know what we’re looking at, we have nothing to review. And we still haven’t received that.”

Pollocoff said the discussion involved potential site improvements not the license. However, he admitted not warning Lyons that time was of the essence, and Lyons faced possible revocation if he didn’t reopen within 90 days of the renewal.

“That’s not our responsibility,” Pollocoff said. “I have to assume he knows what he’s doing. To be honest with you, the liquor license ends up not being a concern of mine or anybody else’s. We issue them, and they have to manage them.”

The village currently has 12 open liquor licenses available, and Pollocoff said Lyons can apply for one. But village ordinances state that after revocation, an owner cannot reapply for a period of 12 months from the date of revocation, and Lyons worries the cabaret license granted for Texas Jay’s won’t be grandfathered into an approval at a subsequent site.

Dall’Osto said Lyons will pursue cases in state and federal courts against the village and the DOT based on various issues, including civil rights claims.

“We were brought in to preserve his ability to have the club,” Dall’ Osto said. “It’s not like he’s going out of business: He’s being forced to move. Why is he being treated differently and why is he being singled out? If this were a grocery store or a pharmacy or a gas station that sold liquor and had to move, would they be getting the same bum’s rush? I think the answer is rhetorical: No, it’s due to the type of establishment he ran there.

“Why not work with a man who has been a good businessman, a taxpayer and an honest citizen all these years? In two words: It stinks. That’s my opinion.”

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