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RESOLUTION NO.
<br />
<br />6579-91
<br />
<br />BY: Gallagher, Gazzana, George,
<br />Graham, Roth, Smith
<br />
<br /> AN EMERGENCY RESOLUTION objecting to the transfer of stock
<br />from Max G. Bowen, Sr., (deceased) to Ruth C. Bowen for premises known
<br />as Maxes, Inc., d/b/a Maxes, 13405 Madison Avenue, 1st floor & Base-
<br />ment, Lakewood, Ohio.
<br />
<br /> WHEREAS, the City has been advised that an appliation has
<br />been filed with the Ohi° Department of Liquor Control to transfer
<br />stock from Max G. Bowen, Sr., (deceased) to Ruth C. Bowen for premises
<br />known as Maxes, Inc., d/b/a Maxes, 13405 Madison Avenue, Lakewood,
<br />Ohio, and
<br />
<br /> WHEREAS, investigation conducted discloses that the proposed
<br />president and sole shareholder, Ruth C. Bowen, is in reality not now,
<br />nor will she be, the actual manager of the business being conducted at
<br />the permit premises. There is every indication that her son, Max G.
<br />Bowen, Jr., has been and will continue to manage the permit premises,
<br />and
<br />
<br /> WHEREAS, Max G. Bowen, Jr., has been convicted of Gambling
<br />charges in the Lakewood Municipal Court and such conviction directly
<br />relates to his fitness to operate and/or manage a liquor establish-
<br />ment, and
<br />
<br /> WHEREAS, investigation disloses that Max G. Bowen Jr., is
<br />active in the management of Maxes, Inc. d/b/a Maxes, and that said
<br />liquor permit business is operated in a manner that demonstrated a
<br />disregard for the laws, regulations and/or local ordinances of the
<br />State of Ohio and the City of Lakewood, and
<br />
<br /> WHEREAS, this Council determines that the transfer of stock
<br />of said permit premises would be contrary to the best interests of the
<br />entire community and would place additional burdens upon the facili-
<br />ties of the Lakewood Police Department, and
<br />
<br /> WHEREAS, this resolution constitutes an emergency measure in
<br />that it provides for the immediate preservation of the public health,
<br />safety and welfare; now, therefore,
<br />
<br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That this Council hereby strenuously objects to
<br />the transfer of stock by the Department of Liquor Control of the State
<br />of Ohio from Max G. Bowen, Sr., (deceased) to Ruth C. Bowen, at the
<br />premises known as Maxes, Inc. d/b/a Maxes, 13405 Madison Avenue, 1st
<br />Floor & Basement, Lakewood, Ohio, for the reasons set forth above all
<br />in accordance with the provisions of Section 4303.292 of the Revised
<br />Code of Ohio.
<br />
<br /> Section 2. That the Clerk of Council is hereby authorized
<br />and directed to transmit a certified copy of this Resolution together
<br />with a copy of a letter of objection and a copy of a letter requesting
<br />that the hearing be held in Cleveland, Cuyahoga County, Ohio, to the
<br />Department of Liquor Control, State of Ohio, Permit Division, no later
<br />than April 18, 1991.
<br />
<br /> Section 3. That this Council designates the Law Director of
<br />the City of Lakewood or his designee to represent it and the City of
<br />Lakewood at any hearings before the Department of Liquor Control.
<br />
<br /> Section 4. It is found and determined that all formal
<br />actions of this Council concerning and relating to the passage of this
<br />resolution were adopted in an open meeting of this Council, and that
<br />all such deliberations of this Council and of any of its committees
<br />that resulted in such formal action, were in meetings open to the
<br />public.
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