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									                                                                       Consent Agenda Item #2 & 2a

                                    OFFICE OF THE MAYOR
                                         City of Des Plaines
                                            1420   MIliCI ~hcet
                                        [Je5 Plalne-s, Illmois 60016
                                        InI(!phollfl. 847 /J91·~301
                 Martin J. Moylan          fox' 847/391·5378




DATE:       September 15, 2009

TO:         Honorable Aldermen

FROM:       Martin J. Moylan
            Mayor

RE:         Osaka Sushi & Bento,      Inc.,  d/b/a Dotombori Japanese
            Restaurant, 1526 Miner St., Class H-I Restaurant, Beer and
            Wine Only Liquor Dealers License, New License.

********************************************************************

Attached please find an application for a Class H-1 Restaurant, Beer
and Wine Only,     Liquor License,   as well as the articles of
incorporation and the signature pages of the lease for the property.
The complete application, as well as the complete lease, is on file
in the Mayor's office.

Fees have been paid, required posting has been done, background check
has been completed and owners and manager are aware of the alcohol
awareness requirement.


This will come before you on the consent agenda at the City Council
meeting of September 21, 2009 .



.4~/./~
Martin J. Moylan
Mayor
Local Liquor License Control Commissioner

cc:     Jason Bajor, City   Manager~
Form for Corporations                                                                                                                                                                                                                                   3-2003




                                              CITY OF DES PLAINES
                                           APPLICATION FOR LICENSE
                                                    UNDER
                                    DES PLAINES LIQUOR CONTROL ORDINANCE

TO:   Liquor Control Commissioner:
      The undersigned hereby makes application for the issuance of a license to engage in the business of selling alcoholic liquors, as indicated
      hereafter.

1.
      Doing business as:               ...JDL<:...l....L~Dlo4y.!..!..ov\b~"ur~-<.'--_-"J.~llp'-lla<.J't[J.lllio.l!..I)~C _+lRlo.Jt:I;,.--i>iL+'.:.J4~'t.!::.:r~£.~:Y~w:",:*--=
                                                 .?                                                                   _                                                                                                                                   _


2.    Location of place of business for which license is sought:
      (A)                    f $'.:J.b      j\,".-y\i-1:                           s:..t                 t2~$             f'1,v"')e~. I                    L            60(...     · /6
                                                                 (Exael nddress by slreel nnd number)
      (B) Hours of operation:               [Iv 'I C"l-\         '\..        SI."'\::t              I (:c       .:,. -       2- .: C''-'   e     (VI.               S :oc           ~ j 0 ~ 00                                  p.         M
                  Phone:                      ('i /          A
3.    Date of incorporation                2/.2·i'                i     ."l.".:.   9                                ;Under laws of State of                                                            .:
                                                                                                                                                                                 . ::.]:.. :.:. .:II.. •.....:I'I..;.(,;o""·;..:·\"'S"--                  _
      (Attach a copy of the most recent State of Illinois Domestic Corporation Annual Report.)
           Name of Registered Agent:                                       Dt\.e         HI:' e y' :.-c
                              ~/'                    C)                       •            -10
          Address:            ;,J   ,,-1             t,.: V <: t        11 tr <"
                                                                        ~;               C ...                                                                                            Il .
          Phone Number:                                                       ·,_-_'-;.L3....LI-4tf~
                                               2,.2.. ~'--_b...:=:;;~::...S-.....                                                                                                                                                          _

4.    Classification of Licenses being applied for:

      _ _Class A            (Tavern Liquors Dealers License - scat 250 people or less)
      _ _Class A-I          (Tavern License - seat 251 to 500 people)
      _ _ClassA-2           (favern License - seat more than 500 people)
      _ _ClassAB            (Tavern and Bulk Sale on and off premises - scat 250 people or less)
      _ _Class AB-I         (favern and Bulk Sale - scat 250 to 500 people)
      _ _Class AB-2         (Tavern and Bulk Sale - seat over 500 people)
      _ _ClassB             (Bulk Sales Dealers License - No consumption on premises)
      _ _Class B-1          (Bulk Sales, Liquor not primary product)
      _ _ClassC             (Club Liquor License)
      _ _ClassE             (Restaurant and Dining Room License - scat over 50 people)
      _ _ClassF             (Restaurant, Beer Only)
      _ _ClassG             (Banquct Hall)
      $.-Class H-I          (Restaurant, Beer and Wine Only)
      _ _Class H-2          (Bulk Sale, Beer and Wine Only)
      _ _Class I            (Religious Society License)
      _ _Class 1            (Special 4 am Liquor License - Class A License Required)
      _ _ClassK             (Government Facility License)
      _ _ClassL             (Wine Only-On and Off Premises)


5.    State names of directors and officers. and indicate the percentage of stock owned in applicant corporation, if any.
      (Note: If more than three directors. allach separate sheet with required information for additional directors.)

(A)   President                .
                               I.A"'-L.l"'-~·_....    ;>-"s:~_'i.....,i.:...:~
                                                t·.J.J1(
                                                       ...                  (;'--                                                             Percentage of stock owned                                                                        S_·_tJ     %


      Have you ever plead guilty. been found guilty, received supervision. plead nolo contendere (no contesl) to any felony under any Federal, State,
      County or Municipal law ordinance?      _~N,-,t.                                     _
      If Yes, attach additional sheet identifying chllrge, date of finding, Court nllme and Branch and case docket number.
      Attach a copy of the current Alcohol Awareness Certification.
      Do you participate in the operation of the business?            Y:.....;,e..::>                                                                                        _
                                                                                           (ft<..:...~<-· =-".;..
      If "Yes", state in detail the nature of your participation. _ _==5'-'L(.=fpe""""=-J....                 ....                                                       _
      (Attach Confidential Information Forms)


(B)   Vice President                                                                                                  Percentage of stock owned                              %


      Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State,
      County or Municipal law ordinance?                                                                                                              _
      If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number.

      Attach a copy of the current Alcohol Awareness Certification.
      Will you participate in the operation of the business?                                                                                                                 _
      If "Yes", state in detail the nature of your participation.                                                                                                        _
      (Attach Confidential Information Forms)


(C)   Secretary                                               Htrn dr------------- Percentage of stock owned                                      ..,$l,....:.o=--           %


      Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State,
      County or Municipal law ordinance? _ _-+N'lJo"'-                                                                                              _
      If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number.


      Attach a copy of the current Alcohol Awareness Certification.
      Will YOb participate in the operation of the business?                               ...
                                                                                           'G.e"-"s:....-                                                                    _
      If "Yes", state in detail the nature of your participation. _ _--1M!:.!.!:CV\A::.KuCAi..:l-el:-ly:-                                                                    _
      (Attach Confidential Information Forms)                                                               U

6.    List below persons or corporations owning 5% or more of the stock of the applicant, other than those named in answer to question 5. State the
      percentage of stock so owned.


                                       fV1 a r'1'-----"$~':..~\IY\~'"--                                               Percentage of stock owned     -1-(-=0'--               %

      _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Percentage of stock owned                                                                                %

      _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Percentage of stock owned                                                                                %

      (Attach Confidential Information Forms)
7.    Does applicant own premises for which license is sought? - -_ _                                     .
                                                                                                    --1N..o "'-_:=-                                                      _
      Ifn~,w~nd~~~~~~~ase~~~-------9~/~a~,~/.;..2~~~~9'------
                                          ,   I
                                                                                                                                                                             _

8.    Is the location of the applicant's business for which license is sought within one hundred (100) feet of any church, school, hospital, home for
      aged or indigent persons or for veterans, their wives or children, or any naval or military station, as defined by ordinance of this City?    0                N
9.    Is any law enforcing official, Mayor, Alderman, Member of a City Commission or Board, or any President or member of a County Board directly
      or indirectly interested in the business for which license is sought? ---+N~o!-----------------------__
      If answer is "Yes", give particulars                                                                                                                                       _



10.   Is or will the business be conducted by a Manager or Agent?                                    N....lO"'-                                                              _
      If answer is "Yes", complete attached Manager's supplemental sheet for each manager.
11.   Has any officer or director of applicant corporation, or any stockholders, owning in this aggregate more than five percent (5%) of the stock of
      such corporations, ever plead guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or
      Municipal law or ordinance?          No
      If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number.


12.   Has any officer or director of said corporation, or any stockholders owning in the aggregate more than five percent (5%) of the stock of such
      corporation, ever plead guilty to or been found guilty of a violation of any Federal, State, County or Municipal, liquor laws or ordinance.
      If so, give name of person so convicted, court, date of offense and the offense. _ _.f.'N"'-'-o"-                                                      _




13.   Has any officer or director of said corporation, or any stockholders owning in the aggregate more than five percent (5%) of the stock of such
      corporation, ever plead guilty to or been found guilty under any Federal, State, County or Municipal law or ordinance of being the keeper of a
      house of ill fame; or of pandering or any other crime or misdemeanor opposed to decency or morality?           .
                                                                                                                  -h.\.    Q
                                                                                                                           . .....                       _

      If so, give name of person so convicted, stating date and the offense                                                                               _




14.   Has the applicant corporation or any Officer, Manager, or Director of said corporation, or any stockholders owning in the aggregate more than
      five percent (5%) of the stock of such corporation, made application for a similar license for this period for any premises other than those
                                  o~------------------------------
      describedabove? _ _--I'~u./....                                                                                                                    _
      If so, give name of applicant, location of premises, date and disposition of application                                                               _




15.   Has any license previously issued by Federal, State, or local authorities to the applicant corporation or to any officer, manager, or director of said
      corporation, or any stockholder or stock holders owning in the aggregate more than five percent (5%) of the stock of such corporation, been
      revoked?        No
      If so, give name of licensee and state reasons for and date of revocation                                                                              _




16.   List any person identified in this application who is currently certified by any alcohol awareness training program: Attach copies of all
      certificates.      Oe;t..-E. He f. '{Pc>,           S  k..),'f     tI tn1d-'.'---'-'I\1:...J...ICOt:=.:~'-'1=f--C , 01<L:-
                                                                                                                     .........                               _

      Complete the supplementary Manager's form for each person identified above who has not previously answered these questions.
      (Attach ConfidentiallnCormation Forms Cor Each)

17.
                                                                                                                           1-
      I (We) acknowledge that any change in address, ownership or management must be im7ediatelY reported to the c.isY 2d that the
      application must be updated and signed at that time. (Please initial)                    0 \
                                                                                                    7
                                                                                                                   S'
                                                                                                              \..IYl, t

                                                                      AFFIDAVIT
STATE OF ILUNOIS COUNTY OF COOK                       5.S.
      The undersigned swear (or affirm) that the corporation in whose name this application is made will not violate any of the ordinances of the City
      of Des Plaines or the laws of the State of I1Iinois or of the United States of America, in the conduct of the place of business described herein
      and that the statements contained in this application are true and correct to the best of our knowledge and belief. An Alcohol Awareness trained
      manager shall be on duty at all times when the business sells alcohol. I further understand and acknowledge that any false statements in this
      application may result in the denial of this application, or revocation of any liquor license issued pursuant to this application.


                                                                                                 ffi'l ~       Signature
                                                                                                                                       President

      Subscribed and sworn to before me this    J:J.il
                                                                                           ----"-7,e--~-------Secretary
      day of    A(J" Sf 2C'0,..,...O..,.;..1,..,..._,..,..._,..,..._~
                                             ·OFFICIAL SEAL"
                    Notary Public Sa I           JANET LEE
                                            NOTARY PUBLIC, STATE OF ILLINOIS
                                            MY COMMISS~N EXPIRES 3/31/2010
                                                        SUPPLEMENTARY MANAGERS FORM

Will the business be conducted or supervised by a Manager or Agent?                     ~.. ,-
                                                                                          o                                                                       _
If answer is "Yes," the following questions must be answered by such Agent or Manager:

       I.    Name                                                                                                                                             _


       2.    Have you ever plead guilty to or been found guilty of any felony under the Criminal Code of Illinois?                                        _



       3.    Have you ever plead guilty to or been found guilty of any felony under any Federal, State, County or Municipal law ordinance of being the
             keeper of house of ill fame; or of pandering, or of other crime or misdemeanor opposed to decency and morality?                           _
             If so, give dates and state the offense                                                                                                 _


       4.    Have you ever plead guilty to or been found guilty of a violation of any Federal, State, County or Municipal Liquor law or ordinance since

              If so, give dates and state the offense                                                                                                         _


      5.      Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any
              Federal, State, County or Municipal law ordinance?                                                                                                  _
              If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number.

      6.      Has any license previously issued to you by State, Federal or local authorities been revoked?                                                   _
              If so, state reasons therefore and date Of revocation                                                                                           _



      7.      Attach a copy of the current Alcohol Awareness Certification.

      8.      Attach Confidential Information Form



           I swear (or affirm) that I will not violate any of the ordinances of the City of Des Plaines or the laws of the State of l1Iinois or the laws of
      the United States of America, in the conduct of the place of business described herein, and that the statements made by me herein are true and
      correct to the best of my knowledge and belief.


      Subscribed and sworn to
      before me this
      day of
                                         _
                                         _
                                                                                           -------..,.c-------- Manager
                                                                                                    Signalure
      20          _




                   No.ury Public




            Notary Public Seal
FORM seA 2.10
ARTICLES OF INCORPORATION
Business Corporation Act
                                                                                                                   DocR: _~9t9156000 Fee: $38.00
                                                                                                                   lugellt.- ()~Ile- Moore
                                                                                                                   Goo" COllllly Re<;orde, of f)~t:-1I:;
Filing Fee:    $150                                                                                                OUle: 07/1 0/2009 11 :03 AM PU: 1 01 1
Franchise Tax: $ 25
Total:              $175

File   #:      66950913
Approved By:          CLD

                   FILED
             MAY282009
              Jesse White
            Secretary of State




1. Corporate Name: OSAKA SUSHI & BENTO. INC.




2. Initial Registered Agent:_D_A_E_H.;.E.;.E_Y_O O~",:":,:,,::::-
                                               __                                    -:-::,-:-::-~-:-                ,:,,,,","":~                          _
                                                            First Name                  Middle Initial               Last Name
       Initial Registered Office:_15_2-.:6i:7.M::;I::N:-E_R_S_T          ~~                      ~~~                                                           _
                                             Number                      Street                   Suite No.

                                        DES PLAINES                                IL         60016-4603                                COOK
                                                                  City                           ZIP Code                           County


3. Purposes for which the Corporation is Organized:
    The transaction of any or all lawful businesses for which corporations may be incorporated under the Illinois Business
  • Corporation Act.

4. Authorized Shares. Issued Shares and Consideration Received:
                                            Number of Shares                          Number of Shares                              Consideration to be
       Class                                  Authorized                            Proposed to be issued                           Received Therefor
       COMMON                                         1000                                     1000                           $     1000

                                                          NAME & ADDRESS OF INCORPORATOR
5. The undersigned incorporator hereby declares. under penalties of pe~ury. thai the statements made in the foregoing
       Articles of Incorporation are true.


             Dated MAY 28                                                  2009             363 RIVERSHIRE CT.
                                        Month & Day                         Year                                     Street
             DAE HEEYOO                                                   LINCOLNSHIRE                             IL                            60069
                                              Name                                            CltyfTown              State                      ZIP Code


THIS DOCUMENT MUST BE RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY IN WHICH THE REGISTERED
OFFICE OF THE CORPORATION IS LOCATED. AS PROVIDED BY SECTION 1.10 OF THE BUSINESS CORPORATION ACT OF
THIS STATE. FOR FURTHER INFORMATION CONTACT YOUR COUNTY RECORDER OF DEEDS OFFICE.
                                              This documenl was generated electronically at www.cyberdriveillinols.com
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             StIle 01 JIIiIoiI. ...,... JIOIIIIIIt. ....,pmiIion of 1bIa ~ IlWl be
             ~ itllUlh . . . . II fa 111 do1iVlt ad .ud. . . appJioUIe law"7 "'" if __
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             pmI" Ihall b& iI..... to , . . . . of . . ~ QI' lIMIt.,. wldIaut
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                  IN   wmasa wauor. 1M pIrtIoe haw _ . . til 0pwI.. to t.II ....
             I ..... ofdl&_. . ,.&ltuow~,
                                CITY OF DES PLAINES

                            ORDINANCE                M - 36 - 09

           AN ORDINANCE AMENDING TITLE 4, "BUSINESS
           REGULATIONS,"    CHAPTER     4,   "INTOXICATING
           LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER,"
           OF THE DES PLAINES CITY CODE TO ADD ONE CLASS
           H-l LIQUOR LICENSE FOR OSAKA SUSHI & BENTO,
           INC. D/B/A DOTOMBORI JAPANESE RESTAURANT
           LOCATED AT 1526 MINER STRRET, DES PLAINES,
           ILLINOIS.

       BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook

County, Illinois, in the exercise of its home rule powers, as follows:

       SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating

Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be

amended and read as follows:

4-4-5: LICENSE FEES AND NUMBER:

A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued:



              I
                    Class      I    Number
                                     Issued
                                                   Initial
                                                    Fee
                                                                I Pumu~ I
                                                                   Fee
              IClass A         I      30           $3,850.001    $1,925.001
              IClass A-I       I                    4,840.001     2,420.001
              IClass A-2       I       2            6,050.001     3,025.001
              IClass AB        1                    7,480.001     3,740.001
              IClass AB-l      I                    8,470.001     4,235.001
              IClass AB-2      I                    9,680.001     4,840.001
              Class B
              Class B-1
                                CIJI                3,630.001 ~

              IClass C         II     2       II    1,210.0011     605.001


                                DD~
              Class D per
              day
              IClass E         II     14      II    3,630.0011    1,815.001
              IClass F        II         II    2,860.0011    1,430.001
              IClass G
               Class H
               Class H-l
               Class H-2
                               wi u
                              II   3     II    3,630.0011

                                               3,630.00l
                                                             1,815.001




              IClass I        II   1     II      600.0011     300.001
              IClass J        II   4     II    3,630.0011    1,815.001
              IClass K        II   1     II            II     550.001
               Class K-
               subsidiary
               Annual
               Per event
              IClass L
                               DO
                              II         II
                                                              440.00
                                                               55.00
                                              $2,860.0011 $1,430.001

B. No change

C. No change

       SECTION 2: That Osaka Sushi & Bento, Inc. d/b/a Dotombori Japanese

Restaurant located at 1526 Miner Street is hereby granted a Class H-1 Liquor License

in the City of Des Plaines.

       SECTION 3: That this Ordinance shall be in full force and effect from and

after its passage, approval and publication in pamphlet form according to law.



           PASSED this _       day of                         , 2009.

           APPROVED this _ _ day of                            , 2009.

           VOTE: AYES                   NAYS                ABSENT




                                                                MAYOR




                                         2
ArrEST:



CITY CLERK

Published in pamphlet fonn this
_ _ day of                , 2009.




CITY CLERK

Approved as to fonn:


    it.~ ~                   =......._
                j/iitae=:..:;.z:'        _

David R. Wiltse, City Attorney

NOTE: New language is underlined
                                             LegaI\Ord\Special\Liq Lic\UPDATE New Liquor Applicanl




                                         3

								
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