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REGULAR MEETING <br />OCTOBER 18, 1982 <br />PUBLIC HEAPING - RESTAURANT LICENSE REVOCATION (GENE'S RESTAURANT) <br />Mrs. Eugenia Schwartz, Assistant City Attorney, advised the Board <br />that it was being requested to conduct a public hearing at this <br />time to consider the revocation of the restaurant license issued <br />to Mr. Eugene L. Harmon, operator of Gene's Restaurant, 1212 North <br />Bendix Drive, because of his failure to comply with certain fire <br />code requirements. She stated that specifically, the fire code <br />required an automatic fire extinguishing system over all grills and <br />deep fry pits. She advised that the restaurant had been inspected <br />a number of times in the past by the Fire Department and, as of <br />an inspection on September 15, 1982, the hood and duct system <br />had not been installed. Mr. Gene Harmon, operator of the <br />restaurant, appeared before the Board and explained that he was <br />in the process of having the system installed. He advised that <br />he was leasing the building and the owner of the facility was <br />presently in the hospital. Mr. Hill asked how long Mr. Harmon <br />had known about the need to install the system. Mrs. Schwartz <br />referred to copies of correspondence in the Legal Department's <br />file which indicated that Mr. Harmon had been advised of the <br />problem December 31, 1981. A follow-up letter had been sent to <br />him on Janaury 5, 1982. In addition, a recommendation from the <br />State Fire Marshall's Office had been dated June 11, 1981., <br />Subsequent letters had been sent to Mr. Harmon on June 9, 1982 and <br />August 30, 1_982, concerning his non-compliance. Mr. Hill stated <br />that a substantial period of time has elapsed and Mr. Harmon had <br />shown no willingness to comply with fire code requirements. Mr.. <br />Harmon stated that he had recently been discharged from a hospital <br />after undergoing open-heart surgery, during which time his wife <br />had tried to operate the business. Mr. Hill stated that the Board <br />was aware that the restaurant owners would incure considerable <br />expense in complying with this particular requirement and that it <br />appeared all other restaurant owners had done so and were in <br />compliance. He wondered when Mr. Harmon expected the installation <br />of the system would be completed. Mr. Harmon again stated that <br />the owner of the building was presently hospitalized in Chicago, <br />and the installation of the system would involve a new lease. <br />He was hopeful the system could be installed by the first of the <br />year. Mrs. Schwartz advised the Board that all restaurants were <br />given an extension to the middle of this past summer to comply <br />since there was considerable expense.involved, and Mr. Harmon <br />had still not yet complied despite several notifications to him <br />to do so. She emphasized that there was a fire hazard involved. <br />Mr. Hill advised Mr. Harmon that the Board was aware that the <br />fire code requirement posed a financial burden on the restaurant <br />owners and for that reason the compliance date was delayed; however, <br />Mr. Harmon still had not complied. Mr. Harmon stated that his <br />restaurant was equipped with all other fire extinguishing equip- <br />ment as required and he had never had a fire in the restaurant. <br />Mr. Hill felt that a period of 30 days should be sufficient time <br />for Mr. Harmon to have the equipment installed or at least be in <br />a position to submit to the Board an executed contract for the <br />work. He felt that time period would be reasonable in view of <br />the extensive period of time involved since Mr. Harmon had been <br />notified of the requirement. He reminded !-It. Harmon that the <br />city also had some liability in the matter in the event a fire <br />occurred since it was aware of the problem and nothing had been <br />done to correct it. <br />Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and <br />carried, the public hearing on the revocation of Mr. Harmon's <br />restaurant license was continued to the November 15, 1982, meeting <br />of the Board in order to allow him an additional period of 30 days <br />to comply with the fire code. Per. Hill advised Mr. Harmon that, <br />if the problem was resolved prior to that time to the satisfaction <br />of the Fire Department, there would be no need to continue the <br />hearing; however, if Mr. Harmon was not in compliance by that date, <br />his attendance was required to show cause as to why he had not <br />complied and subsequent action on the revocation of his license <br />would then be taken. <br />1 <br />1 <br />1 <br />