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<br />RESOLUTION NO. <br /> <br />8099-06 <br /> <br />BY: Antonio, Butler, Demro, Dever, <br />FitzGerald, Madigan, Seelie. <br /> <br />A RESOLUTION to take effect immediately provided it receives the affirmative <br />vote of at least five (5) members elected to Council, otherwise, it shall take effect and <br />be in force after the earliest period allowed by law, to object to the Application for <br />Change of Corporate Stock Ownership of Cybar Onezero dba Capsule Bar, currently <br />holding D2, D2X, D3 and D3A liquor permits, to Eric P. Nugent for an establishment <br />located at 13376-80 Madison Avenue, City of Lakewood, Ohio 44107. <br /> <br />WHEREAS, the City has been advised that an application has been filed with the <br />Ohio Department of Liquor Control for a change of corporate stock ownership by Erick <br />P. Nugent for Cybar Onezero dba Capsule Bar, currently holding D2, D2X, D3 and D3A <br />liquor permits, for ,'10 establishment iocated at 13368 Madison Avenue, Lakewood, Ohio; <br />and <br /> <br />WHEREAS, this Coundl determines that this matter was referred to the <br />Lakewood Police Department for a full investigation and recommendation; and <br /> <br />WHEREAS, this Council has received and reviewed said recommendation; and <br /> <br />WHEREAS, this Council by a vote of at least five (5) members elected thereto <br />determines that this resolution is an emergency measure, and that this resoiution shall <br />take effect at the earliest date possible as set forth in ARTICLE III, SEmONS 10 and <br />13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is <br />necessary for the usual daily operation of municipal departments in that the City will <br />lose its ability to object to the stock transfer if the objection is not made in a timely <br />manner. Now therefore, <br /> <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF <br />OHIO: <br /> <br />Section 1. That the Council hereby objects to the Application for Change of <br />Corporate Stock Ownership of Cybar Onezero dba Capsule Bar, currently holding D2, <br />D2X, D3 and D3A liquor permits, to Eric P. Nugent for an establishment located at <br />13376-80 Madison Avenue, City of Lakewood, Ohio 44107 for reasons in accordance <br />with the provisions of §4303.292 of the Revised Code of Ohio. <br /> <br />Section 2. That the Clerk of Council is hereby authorized and directed to <br />forward a certified copy of this Resolution together with a letter requesting that any <br />hearing in this matter be held in Cleveland, Cuyahoga County, Ohio, to the Department <br />of Liquor Control, State of Ohio, Permit Division, forthwith. <br /> <br />Section 3. That this Coundi desiQnates the Law Department of the City of <br />Lakewood to represent it and the City of lakewood at any hearings before the <br />Department of Liquor Control. <br /> <br />Section 4. It is found and determined that all formal actions Of this Council <br />concerning and reiating to the passage of this resolution were adopted in an open <br />meeting of this Council, and that all such deliberations of this Council and of any of its <br />committees that resulted in such formal action were in meetings open to the public in <br />compliance with all legal requirements. <br /> <br />Section 5. This resolution is hereby declared to be an emergency measure for <br />the providing for the usual daily operations of the City for the reasons set forth and <br />defined In the preamble to this resolution, and provided it receives the affirmative vote <br />of at least five (5) of its members elected to Council, this resolution shall take effect and <br />