City of Columbus - File #: 0138X-2006

• File #: 0138X-2006
• Version: 2
• Type: Resolution
• Status: Passed
• File created: 7/28/2006
• In control: Safety Committee
• On agenda: 7/31/2006
• Final action: 8/2/2006
• Title: To withdraw the objection to renewal of the 2006-2007 renewal application filed by JGWT IGWT, LLC for its D5, D6 liquor permit, and to declare an emergency.
• Sponsors: Michael C. Mentel

Date	Ver.	Action By	Action	Result
8/2/2006	2	MAYOR	Signed
8/2/2006	2	ACTING CITY CLERK	Attest
7/31/2006	2	Columbus City Council	Adopted as Amended	Pass
7/31/2006	1	Columbus City Council	Amended as submitted to the Clerk	Pass
7/31/2006	2	COUNCIL PRESIDENT	Signed
7/28/2006	1	Council Drafter	Sent for Approval
7/28/2006	1	Council Drafter	Sent to Clerk's Office for Council
7/28/2006	1	CITY CLERK (approver)	Reviewed and Approved

Title

To withdraw the objection to renewal of the 2006-2007 renewal application filed by JGWT IGWT, LLC for its D5, D6 liquor permit, and to declare an emergency.

Body

WHEREAS, IGWT is a liquor establishment located at 4428 Walford St, Columbus, Ohio who holds a D5, D6 liquor permit, and

WHEREAS, Columbus City Council has objected of the 2006-2007 renewal of said liquor permit, and

WHEREAS, by an agreement made this 31st day of July, 2006 by and between IGWT, LLC, and 4428 Walford St, Columbus, Ohio (hereinafter referred to as "permit holder") and Columbus City Council (hereinafter referred to as "objector") Columbus City Council is willing to withdraw its objection to the 2006-2007 renewal of the D5, D6 liquor permit and IGWT, LLC, dba Rhythm and Blues Café is willing to close its business forever at 4428 Walford St, Columbus, Ohio, based on the conditions of the agreement set forth herein, and

WHEREAS, an emergency exists in the usual daily operation of City Council, in that it is immediately necessary to withdraw Council's objection to the renewal of this liquor permit to preserve the public peace, property, health or safety, now therefore;

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1.      Columbus City Council agrees to withdraw its objection to the 2006-2007 renewal application filed by JGWT IGWT, LLC for its D5, D6 liquor permit.

Section 2.      In consideration of Columbus city council's cooperation and agreement to withdraw its objection, IGWT, LLC agree to file an application to place its liquor permit with safekeeping with Ohio Division of Liquor control on or before July 1^st, 2006.

Section 3.      IGWT, LLC further agree not to use this liquor permit at 4428 Walford St, Columbus Ohio at any time in the future.

Section 4.      Columbus City Council further agrees that should IGWT, LLC and/or its successors, administrators, executors and assigns abide by and perform the terms of this Agreement on their part to be kept and performed that Columbus City Council will not object to the annual renewal of the subject liquor licenses provided IGWT, LLC and/or its successors, administrators, executors and/or assigns have performed its duties herein required. If, however, IGWT, LLC has at any time, not performed its duties herein provide for, then Columbus City Council shall be to object to any transfer and/or renewal of the subject of liquor permit and shall also be free to any pursue any and all other legal and/or equitable remedies available to them for any breach of this Agreement by IGWT, LLC and/or its successors, administrators, executors and assigns.

Section 5.      That for the reasons stated in the preamble hereto, which is hereby made a apart hereof, this resolution is hereby declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same.