8537-11 Object to Liquor transfer to Evans Investment Group

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RESOLUTION NO. 8537-i1 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (3) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to object to the transfer of a C1 and C2 (carry-out beer and wine) liquor permits from D Madison Avenue Lakewood Gas LLC to Evans Investment Group I Inc., 14235 Madison Avenue, Lakewood, Ohio. WHEREAS, this matter was before the Public Safety Committee and Council on Novem- ber 7, 2011, and no objection to the transfer of permits was entered at that time; and WHEREAS, new information has been obtained which substantiates an objection to this transfer pursuant to Ohio Revised Code §4303.292; and WHEREAS, this Council determines that this matter was referred to the Lakewood Police Department for a full investigation and recommendation; and WHEREAS, this Council has received and reviewed said recommendation; and WHEREAS, this Council by a vote of at least five (5) of its members 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 immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that this matter is cur- rently pending before the State of Ohio Department of Commerce, Division of Liquor Control, and without a stated objection, the permit may be transferred; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Council hereby objects to the transfer of a Cl and C2 (carry-out beer and wine) liquor permit from D Madison Avenue Lakewood Gas LLC to Evans Investment Group I Inc., 14235 Madison Avenue, Lakewood, Ohio pursuant to the provisions of Ohio Revised Code §4303.292. Section 2. The Clerk of Council is hereby authorized and directed to forward a certified copy of this resolution together with a letter requesting that any hearing in this matter be held in Cleveland, Cuyahoga County, Ohio, to the State of Ohio, Department of Commerce, Division of Liquor Control, Permit Division, forthwith.