Bella’s cited for operating without food license, continued to operate

Bella’s Fat Cat, 2737 S. Kinnickinnic Ave., lost its food license June 30 and was cited for operating without a license on July 14.

Many have noticed this summer that Bella’s has either been closed during their normal hours of operation with a sign posted on its door indicating a temporary closure or been open and operating at curtailed and uncertain hours. Residents have contacted the Compass asking about the restaurant’s irregular hours. On September 1, the Compass received a tip that a Bay View business owner had been informed by a reliable source that Bella’s food license had not been renewed.

Eileen Force, spokesperson for the Milwaukee Health Department, confirmed that Bella’s license was not renewed when it expired June 30, 2010 because of outstanding taxes owed to the Wisconsin Department of Revenue. She also confirmed that an order to suspend for operating without a license was issued on July 14, 2010.

The restaurant was observed with customers inside on Sept. 1 at 6:30pm.

When contacted for comment, 14th District Alderman Tony Zielinski, whose district includes Bella’s KK location, expressed surprise that the restaurant did not have a license.

“I was in there two weeks ago for a hamburger, but I didn’t know at the time that they were operating without a license!” Zielinski said.

Zielinski explained that the Department of Revenue contacts the city of Milwaukee’s Health Department to “request or demand that a restaurant’s food license not be renewed” when a restaurant’s owner’s taxes are in arrears.

Zielinski contacted the Health Department and confirmed that a one-time citation in the amount of $676 is issued if the owner is found operating the restaurant without the required food license. He inquired if they were aware that Bella’s was operating after the July 14 citation. He told the Compass a Health Department official informed him that they were not. “He said he can’t remember an incident, ever, where a restaurant owner continued to operate after losing its food license,” Zielinski said.

Linda Barth, executive assistant at the Wisconsin Department of Revenue, said the department issues seller permits that allow food businesses to operate in Wisconsin.

“If someone would get behind in paying taxes or is not working with, or entering into a payment plan, the department would not renew the seller permit,” Barth said. “Then we make municipalities aware that the business owner doesn’t a hold valid seller’s permit.”

Barth said municipalities cannot issue a food or liquor permit to an business that doesn’t hold a valid seller permit.

According to Wisconsin Circuit Court records, the Brookfield-based Park Bank filed to foreclose Bella’s mortgage on Feb. 17, 2010. Michael and Kim Schmidt, Bella’s Fat Cat Ltd, and Bella’s Fat Cat Holdings LLC are named as debtors to Park Bank in the amount of $71,685.53.

Michael and Kim Schmidt also owe $4,767.88 in unpaid taxes, interest, and fees, according to a separate delinquent tax suit filed by the Wisconsin Department of Revenue on April 12, 2010.

Michael Schmidt, Bella’s owner, confirmed that he’s struggling with taxes and his mortgage and said he’s appealing the suit brought against him by the Department of Revenue. “We were just basically trying to survive, by appealing the decision by the state, for our employees’ and our family’s sake,” Schmidt said.

Copyright 2012 by Bay View Compass. All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.