MEMORANDUM Rochester Police Department

Date: January 11, 2012 To: City Council and Mayor Brede From: Sgt. James Evenson and the Community Action Team Subject: Findings for Application for On-Sale Intoxicating Liquor License for

Legends Bar at 11 4th St SE (Former Gilligan’s Cove) _______________________________________________________________________

_______ The Rochester Police Department Community Action Team has conducted a background check on the Legends Bar and its applicant, Travis James Fisher and co owner Jeff Fieseler Facts found as a result are: Mr. Fisher has no felony convictions, willful violations regarding alcoholic beverages nor has he had a liquor license revoked in Minnesota. During the last 10 years Mr. Fisher has had several traffic related offenses including DWI, Leaving the Scene of an accident and Driving after suspension. Contacts that the Rochester Police Department has had with Travis James Fisher: 2004 Mentioned as a suspect in a fight at a bar –Not charged 2005 Roommate was subject of a Marijuana trafficking case from DEA and Dane

County WI. A search warrant was conduct at their house; however the disposition of that case is unknown at this time.

2008 Suspect in an Alcohol Compliance check at Whiskey Bones. City Attorney denied prosecution as Mr. Fisher was a bartender and a doorman was supposed to check identifications. Rochester Police Department incident number 08-25414.

2009 Mr. Fisher completed probation for DWI’s and Leaving the Scene of an Accident/No Insurance.

2011 Mentioned in a Felony Assault. Mr. Fisher was involved in a confrontation in which felony assault charges are pending. According to reports it appears Mr. Fisher was an instigator in the incident which led to the suspect assaulting another person causing significant injury. No charges will be brought against Mr. Fisher. This case is currently pending charges so limited information is available.

In consultation with the City Attorney, I asked Mr. Fisher for three months of bank statements to help determine if he was the sole owner/applicant for the license or if he was acting in concert with others in the applicant. Mr. Fisher only provided totals for those months, not a detailed statement. Mr. Fisher provided a copy of the lease but had the dollar amount blacked out. On January 3, 2012, Mr. Fisher pulled his license application. The next day Mr. Fisher re-filed with a co-owner named Jeffrey Fieseler. We conducted a background investigation on Jeffrey Fieseler. Mr. Fieseler has no liquor related convictions. He was arrested for DWI but the case has not been adjudicated. Mr. Fieseler has had several civil judgments against him since 2006 for apparent non-payment or disputed charges. We found nothing in his criminal history that would prevent Mr. Fieseler from holding a liquor license. I spoke to both Mr. Fisher and Mr. Fieseler and advised them that with the new application, I still need evidence of financial responsibility. I requested the following from Mr. Fisher and Mr. Fieseler:

The last 3 years tax returns The last 3 months of bank statements A detailed business plan, including their expenses to date and

estimated operating costs I received Federal and State Tax returns from Mr. Fieseler and Mr. Fisher for the tax years of 2008, 2009, and 2010. These records show potential discrepancies between income information on the License application as well as information given to me in interviews. Mr. Fieseler and Mr. Fisher have yet to provide detailed bank statements as requested. Mr. Fieseler has informed me that he has secured a line of credit business loan in the amount of $20,000. He further states that he has not yet used any portion of this loan for business operations or start up expenses. The financial information and documents provided by Mr. Fisher and Mr. Fieseler were incomplete. Members of the Rochester Police Department are not qualified to make conclusions regarding business financial plans. No conclusion can be made regarding the financial viability of the applicants business plan/model.

Sgt. James Evenson