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HomeMy WebLinkAboutMemo of Understanding for Business and Health License.pdfMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON •• AND SWASTIK ENTERPRISES, INC. Gw cif Evanistom This MEMORANDUM OF UNDERSTANDING ("MOU"), dated Sep�4e,. k1-2012, is entered into between the City of Evanston ("the City"), and Swastik Enterprises, Inc. (the "Applicant"), to describe the responsibility of the Applicant regarding its City -issued business and health licenses. The City and Applicant are, collectively, the "Parties". 1:7xiI1111".1 1[.00 1. Applications from Swastik Enterprises, Inc. are pending for Food Establishment License 12 FOOD-0037 for 1700 Dodge Avenue, Evanston, IL, d/b/a "RS Mini - Mart," and General Business License 12-BLC-0032 for 1901 Church Street, Evanston, IL, d/b/a "A to Z Wireless" (collectively, "the licensed premises"). 2. All business licenses in the City of Evanston are held "subject to the provisions of this Code, other ordinances of the City, the regulations of the City Council and the statutes of the State" (Evanston City Code § 3-1-2). Violating "any of such provisions" subjects the license holder to "license revocation proceedings" (Id.). Any license issued pursuant to the provisions of the Evanston City Code "may be revoked for cause" upon notice and a public hearing (Evanston City Code § 3-1- 6). Any business license may be revoked by the City Manager or his or her designee following this hearing. Any business license may be suspended at any time for cause. 3. Additionally, § 8-8-9 of the Evanston City Code provides that a license may be revoked for serious violations that pose a substantial hazard to the public health. Moreover, pursuant to § 8-8-4(E), the Director of Public Health may deny a food establishment license if the establishment is in violation of "other applicable codes that negatively affect the health and welfare of Evanston residents." 4. The Illinois Constitution vests the City of Evanston with the powers of a home - rule unit of government, "to exercise and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; to license" (ILL. CONST. 1970 Art. VII, § 6(a)). 5. As a unit of local government, the City of Evanston further possesses all standard police powers, "the attribute of sovereignty in every government by which it may protect lives, health, morals and general welfare" (Sherman - Reynolds, Inc. v. Mahin, 47 111.2d 323, 326 (1970)). The terms of this MOU shall be in force and effect for the first nine (9) months of the licenses named above. During such time, the Applicant shall comply with all terms of said licenses and all requirements of this MOU Should Applicant comply with all such terms for the aforesaid nine (9) months, this MOU shall expire automatically and said licenses shall continue as standard licenses, subject to normal enforcement methods. This MOU may be amended as provided for by paragraph 6 herein below. APPLICANT AGREES AS FOLLOWS: Upon request by the City at any time, Applicant shall furnish information regarding operations at either licensed premises. 2. Applicant shall make reasonable efforts to employ Evanston residents who reside in the adjacent neighborhood where the licensed premises are located. 3. Applicant shall take all reasonable steps to ensure that there is no loitering in front of the licensed premises or in the immediate environs, and that there is absolutely no disorderly conduct by patrons, at any time. Applicant understands that it will be held strictly liable for any such complaints registered by neighbors. 4. Applicant shall keep storefront windows at the licensed premises transparent with only minimal signage allowed. 5. The Applicant shall not sell any tobacco or any related tobacco paraphernalia (e.g., wrapping papers) at the licensed premises. 6. Applicant shall cooperate with the 51h Ward Alderman in addressing any problems that may arise from operation of the licensed premises. Applicant shall cooperate with the City Police Department at all times regarding operations at the licensed premises, and will comply with all directives issued to it by the City. This MOU may only be amended in writing and signed by all Parties which may be accomplished by electronic written means of communication. The delivery of notice by certified mail - return receipt requested, hand delivery, facsimile, e-mail, or over -night courier, shall all be deemed sufficient methods of notice. 8. If Applicant refuses to execute this MOU, or otherwise fails comply with the obligations hereunder, then the City reserves the right to refuse, suspend and/or revoke Applicant's food license, or any other permits related to operations at the licensed premises, at any time. 9. The duties and obligations of this MOU shall not be transferred from this Applicant to any successor applicant or assign without at least ten (10) business days' notice to the City. The City reserves the right to refuse to approve the assignment of this MOU from the Applicant to any subsequent applicant. INTEGRATION: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter in this Agreement, and it supersedes all prior and contemporaneous agreements and understandings, whether oral or written, of the Parties. ENFORCEMENT OF THIS AGREEMENT: Applicant recognizes that this instrument contains certain duties, promises and obligations. The City shall have the sole and exclusive jurisdiction, power and authority to resolve all issues and disputes arising from this MOU. MISCELLANEOUS: 1. This Agreement shall be interpreted, construed and governed in accordance with the Evanston City Code and the laws of the State of Illinois. 2. This Agreement has been carefully and fully read by Applicant, who understands its contents and is satisfied with the Agreement herein mentioned and the same shall be binding upon and inure to the benefit of Applicant's agents, officers, directors, shareholders, and employees respectively. 3. The terms and conditions of this Agreement are contractual and not merely recital. 4. This Agreement will be deemed effective as of the date of the last signature below. 5. The Parties agree that this Agreement is acceptable to each of them, and that this writing will not be construed against any party, and that any claim under the doctrine of contra proferentum is expressly waived. IN WITNESS WHEREOF, the Parties agree to the above terms and have executed this Memorandum of Understanding as follows: Applicant City of Evanston "\ ly Bobfdewicz City Manager Approved as to form: W. Grant Farrar Corporation Counsel 3