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RESOLUTION NO. 5327
<br />
<br />BY: Messrs. Salmon, Brockman, Brown, Chinnock,
<br /> Magnotto, McBride
<br />
<br />AN EMERGENCY RESOLUTION objecting to the granting Of C-1 and C-2 liquor
<br />permits to applicant, Mr. Carry OUt Inc. dba Mr. Carry Out, for an
<br />establishment located at 15328 Detroit Avenue, Lakewood, Ohio.
<br />
<br />WHEREAS, Mr. Carry Out Inc. dba Mr. Carry Out, has applied to the Department
<br />of Liquor Control, State of Ohio, for the issuance for new C-1 and C-2
<br />liquor permits for the premises known as 15328 Detroit Avenue, Lakewood,
<br />Ohio, and
<br />
<br />WHEREAS, an investigation discloses that the place for which the permit
<br />is sought is so located with respect to the neighborhood that substantial
<br />interference with public decency, sobriety, peace and/or good order would
<br />result from the issuance of the permits and operation thereunder by
<br />the applicant, and
<br />
<br />WHEREAS, the place for which the permit is sought is so situated~with
<br />respect to any school, church, library, and public play ground that
<br />the operation of the liquor establishment will substantially and adversely
<br />affect or interfere with normal, orderly conduct of the affairs of
<br />those facilities or institutions, and
<br />
<br />WHEREAS, that the number of those permits already existent in the
<br />locality is such that the granting of two new permits would be detrimental
<br />to and substantially interfere with the morals, safety or welfare of the
<br />public, and
<br />
<br />WHEREAS, this Council determines that the granting of these permits is
<br />contrary to the best interest of the entire community, and would place
<br />additional burdens upon the facilities of the Lakewood Police Department
<br />and '
<br />
<br />WHEREAS, this Resolution constitutes an emergency measure in that it
<br />provides for the immediate preservation of the public health, safety and
<br />welfare; now, therefore,
<br />
<br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br />Section 1. That this Council hereby strenuously objects to the granting,
<br />by the Department of Liquor Control of the State of Ohio, of the application
<br />of Mr. Carry Out Inc. dba Mr. Carry Out,for the issuance of new C-1 and C-2
<br />liquor permits for the premises known as 15328 Detroit Avenue, Lakewood, Ohio,
<br />all in accordance with the provisions of Section 4303.26 of the Revised
<br />Code of Ohio.
<br />
<br />Section 2. That the Cler~ of Council is hereby authorized and directed
<br />to transmit two certified copies of this Resolution, together with two
<br />copies of a letter of objection and two copies of a letter requesting that
<br />the hearing be held in Cleveland, Cuyahoga County, to the Department of
<br />Liquor Control, Statg of Ohio, Permit Division, no later than July 8, 1978.
<br />
<br />Section 3. That this Council designates the Law Department of the City
<br />of Lakewood to represent it and the City of Lakewood at any hearings before
<br />the Department of Liquor Control.
<br />
<br />Adopted:
<br />
<br />Approved:
<br />
<br />Section 4. That th~s Resolution ~s hereby declared to he an emergency
<br />measure for the reasons stated in the preamble hereof snd provided it receives
<br />the affirmative vote of two-thirds of all members elected to Council, it shall
<br />take effect and be in force immediately upon its adoption and approval by
<br />the Mayor.
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