“Transitioning to a liquor only license doesn’t bode well for future success. It’s always hard to disagree with a recommendation, even if it’s informal in nature, from the police chief. But I also hate to ever have to rule against private business.””

Alderperson Nick Carow

Club Bold/Misfits
106 N. Main St.
River Falls, WI 54022
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RIVER FALLS – The River Falls City Council voted Feb. 28 to deny a combination Class B liquor and beer license for a new bar/night club at 106 N. Main St.

River Falls Management LLC (Bold Burger) planned to surrender its license, contingent upon approval, to JBNS Investments, LLC, doing business as Misfits, a bar/dance nightclub. Joshua Boiteau, who is currently managing Bold Burger for River Falls Management LLC, intended to rebrand the business as Misfits and discontinue food service.

Alderperson Scott Morrissette made the motion to deny the license based on two reasons: Adverse impact on peace, quiet and cleanliness of the neighborhood and proximity to other licensed establishments.

“I think we’ve got enough liquor only establishments in that area,” Morrissette said. “His target audience is college age kids. I’ve had some conversations with staff. It’s been my understanding there’s been some challenges with a building permit that should have been pulled for some sewer work.”

The business completed sewer work prior to obtaining a building permit, Morrissette said, though the issue was corrected. City staff made no recommendation as to the approval of the license.

“There was no recommendation from staff, so they’re not in favor of it,” said Morrissette.

Police Chief Gordon Young said the police department has concerns about the application.

“A lot of it has to do with our staffing,” Young said.

One of the responsibilities police have is to ensure proper staffing so they can make it to and settle all calls for service.

“With dancing and alcohol, my 30 years of experience has shown me that it would possibly and likely generate many calls for service on a given night or even on a weekend,” Young said.

He explained that in the past, the department has stationed officers on the streets outside those type of establishments, especially half an hour before closing when brawls and fights tend to break out. Fights take a lot of manpower and the likelihood of calling in mutual aid.

“What about the other 16,000 citizens? This will work a few times, but if we have a business that’s running continually, then slowly the counties will not send officers or deputies, because they have workloads themselves they have to work with,” Young said.

This would more than likely result in Young asking the council to fund additional staff. He added that Boiteau did not submit a security plan.

City Clerk Amy White provided feedback as well.

“It’s been very challenging to work with the establishment and that particular manager,” White said. “To try to get them to have licensed operators on staff.”

Alderperson Sean Downing pointed out that the city only has so many licenses to issue.

“To actually have a negative impact on our city would be a mistake. I’m against the idea of having a nightclub hurt the rest of the downtown at night, needing more security than we can provide,” Downing said.

Boiteau said he’s been helping out at Bold Burger/Club Bold the past 30 days. He touted his seven years of experience running a nightclub in Eau Claire.

“I kind of got thrown into a fire, so to speak, and I’ve been trying my best to clear up with Dave the building inspector the plumbing issue I didn’t know about,” Boiteau said. “Within two days of knowing I had it solved, same with getting licensed operators. I’m trying hard to work with the city given the resources I’ve had.”

He offered to work with Young on a security plan and assured the council he would be training bouncers.

"The whole goal is to create a safe place that college kids can go and dance and have fun and not be over served or out running around going from bar to bar and just be safe in the place, yet have the atmosphere that everyone kind of wants at that time of night,” he said.

Alderperson Nick Carow said he’s in favor of college kids having fun, being that he was one once himself, but he’s concerned about the issues that have gone on at Bold.

“Transitioning to a liquor only license doesn’t bode well for future success,” Carow said “It’s always hard to disagree with a recommendation, even if it’s informal in nature, from the police chief. But I also hate to ever have to rule against private business.”

Simpson said if the council has concerns but still issues the license, state law makes it “very difficult” to pull the license back.

White said city staff did not call City of Eau Claire staff or police for a reference for Boiteau. Carow asked if changing Misfits’ hours of operation or asking for a security plan would change anyone’s mind. Morrissette said no, calling that a slippery slope.

“I equate this to once the toothpaste is out of the tube you can’t put it back,” he said.

The council voted 6-0 to deny the license. Alderperson Alyssa Mueller and Mayor Dan Toland were absent.

Public comment

Before public comment began, Morrissette told people they would have two minutes to speak.

 “The other thing about public comments I just want to make people aware of, this is a time for the public to give us feedback,” he said. “A lot times I hear from people, ‘Well, I went and did public comment but I didn’t see any reaction from the council or have any questions or anything like that.’ Because it’s not agendized, it’s really not a time for us to engage with that; it’s for us to take that information in and listen to the public.”

Dana Linscott, an advocate for area homeless people, spoke again of a homeless, disabled man he said has been targeted by the city’s administration. He said recently, the man’s belongings were seized by the city while he was not at his tent.

“Normally, a municipality would initiate some type of an investigation when allegations like the ones I made the last few times I was here,” Linscott said. “It doesn’t appear the council has any intention of doing that.”

He said no council members have reached out to him, and accused administration of being engaged in a cover-up.