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RESOLUTION NO. 6627-91
<br />
<br />BY: Boscia, Gazzana, George:
<br /> Graham, Roth, Smith
<br />
<br /> AN EMERGENCY RESOLUTION objecting to the renewal of D1, D2,
<br />D3 and D3A liquor permits to applicants Maxes, Inc. d/b/a Maxes for
<br />an establishment located at' 13405 Madison Avenue, Lakewood, Ohio.
<br />
<br /> WHEREAS, Maxes, Inc. d/b/a Maxes have applied to the De-
<br />partment of L~quor Control, State of Ohio for the renewal of D1, D2,
<br />D3 and D3A liquor permits for the premises located at 13405 Madison
<br />Avenue, Lakewood, Ohio, and
<br />
<br /> WHEREAS, investigation conducted discloses that the pro-
<br />posed president and sole shareholder, Ruth C. Bowen, is in reality
<br />not now, nor will she be, the actual manager of the business being
<br />conducted at the permit premises. There is every indication that her
<br />son, Max G. Bowen, Jr., has been and will continue to manage the
<br />permit premises, 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 demonstrates 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 renewal of said
<br />permits would be contrary to the best interests of the entire commu-
<br />nity and would place additional burdens upon the facilities of the
<br />Lakewood Police Department, and
<br />
<br /> WHEREAS, this resolution constitutes an emergency measure
<br />in that it provides for the immediate preservation of the public
<br />health, 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 renewal of D1, D2, D3 D3A liquor permits by the Department of
<br />Liquor Control of the State of Ohio for premises known as Maxes, Inc.
<br />d/b/a Maxes, 13405 Madison Avenue, 1st Floor & Basement, Lakewood,
<br />Ohio, for the reasons set forth above all in accordance with the
<br />provisions of Section 4303.292 of the Revised 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 request-
<br />ing that the hearing be held in Cleveland, Cuyahoga County, Ohio, to
<br />the Department of Liquor Control, State of Ohio, Permit Division, no
<br />later than September 13, 1991.
<br />
<br /> Section 3. That this Council designates the Law Director
<br />of the City of Lakewood or his designee to represent it and the City
<br />of 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
<br />this resolution were adopted in an open meeting of this Council, and
<br />that all such deliberations of this Council and of any of its commit-
<br />tees that resulted in such formal action, were in meetings, open to
<br />the public.
<br />
<br /> Section 5. That this resolution is hereby declared to be
<br />an emergency measure for the reasons stated in the preamble hereof
<br />and provided it receives the affirmative vote of two-thirds of all
<br />
<br />
<br />
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