6375-89 Objection to liquor permit for Emerald Necklace Marina

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RESOLUTION NO. 6375-89 BY: Brown, Chinnock, Gallagher, Gazzana, George, Graham, Wendlir AN EMERGENCY RESOLUTION objecting to the issuance of a new Cl and C2 liquor permit to applicant Cleveland Metropark System d/b/a Emerald Necklace Marina for an establishment located at 1500 Scenic Park Drive, Lakewood, Ohio. WHEREAS, the City has been advised that an application was filed with the Ohio Department of Liquor Control to issue a new Cl and C2 liquor permit to Cleveland Metropark Systems d/b/a Emerald Necklace Marina at 1500 Scenic Park Drive, Lakewood, Ohio, and WHEREAS, the place for which the permit is sought is so located with respect to public facilities that substantial interference with public decency, sobriety, peace and/ or good order would result from the issuance of the permit and the operation thereunder by the applicant, and WHEREAS, the place for which the permit is sought is so situated with respect to a public park that the operation of the liquor establishment will substantially and adversely affect or interfere with the normal, orderly conduct of the affairs of such facility, and WHEREAS, the place for which the permit is sought is so located with respect to public waterways that the operation of the liquor establishment will substantially and adversely affect an already dangerous problem of sobriety and good order on public waterWays and the operation of boats and other watercraft thereon such that said operation would constitute an increased danger to the public health, safety and welfare, and WHEREAS, this resolution constitutes an emergency measure providing the the immediate preservation of the public health, safety and welfare, and for the usual daily operation of a municipal department; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That this Council hereby strenuously objects to the issuance by the Department of Liquor Control of the State of Ohio of a Cl and C2 liquor permit to Cleveland Metropark System d/b/a Emerald Necklace Marina at 1500 Scenic Park Drive, ~Lakewood, Ohio, for the reasons set forth above all in accordance with the provisions of Sections 4303.26 and 4303.292 of the Ohio Revised Code. Section 2. That the Clerk of Council is hereby authorized and directed to forward a certified copy of this Resolution, together with a copy of a letter of objection and a copy of a letter requesting that the hearing be held in Cleveland, Cuyahoga County, to the Department of Liquor Control, State of Ohio, Permit Division, on or before June 1, 1989. Section 3. That this Council designates the Law Department of the City of Lakewood to represent it and the City of Lakewood at any hearings before the Department of Liquor Control and in any subsequent court proceedings necessary to enforce and effect the intent of this resolution. ~ Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.