8533-11 Withdraw objection to China Garden liquor permit

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RESOLUTION NO. BY: Anderson, Bullock, Juris, Madigan, 8533-112 Nowlin, Powers, Smith. A RESOLUTION to take effect immediately provided it receives the affirmative vote of a least five (5) members elected to Council, or otherwise to take effect and go into force after the eazliest period allowed by law, withdrawing the objection to the transfer of ownership of a C1 liquor permit from FLA Forever Inc. dba China Garden to Heng and Zhu Inc. dba China Garden located at 14867 Detroit Avenue in the City of Lakewood. WHEREAS, pursuant to the motion made at the May 17, 2010 Council meeting, this Council objected by oral resolution to the transfer of ownership of a Cl liquor permit from FLA Forever Inc. dba China Garden to Heng and Zhu Inc. dba China Garden located at 14867 Detroit Avenue in the City of Lakewood based upon the results of the investigation conducted by the Lakewood Police Department; and WHEREAS, after hearing, the Ohio Division of Liquor Control upheld the City's objection to the transfer of ownership because the circumstances giving rise to the objection were, at the time of the hearing, still extant; and WHEREAS, a considerable period of time has elapsed since the original objection, and upon further investigation of the circumstances that gave rise to the objection; a finding that the offending employee and conduct are now far removed from the transferee's business; and the transferee's agreement with the City that those circumstances will not reemerge; Council is satisfied that the appropriate steps have been taken by the transferee to ensure compliance with the applicable laws; and WHEREAS, under these circumstances and in consideration thereof, this Council deems it appropriate to withdraw the objection to the liquor permit application; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this resolution is an emergency measure, and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the usual daily operation of municipal departments in that the applicant should not be delayed from moving forward with the application for new permits; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Council hereby withdraws its previously entered objection to the transfer of ownership of a Cl liquor permit from FLA Forever Inc. dba China Garden to Heng and Zhu Inc. dba China Garden located at 14867 Detroit Avenue in the City of Lakewood, because the