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Council Considers Changes to TREX Liquor License Requirements

Existing regulations call for $750,000 investment, 4,000 square feet of space before city will approve liquor license transfer

 

Kent's regulations for allowing the transfer of liquor licenses via Ohio's "Trex" liquor license transfer process may be adjusted to allow some flexibility for approving proposed new bars and restaurants.

Kent City Council voted Wednesday to have city administrators take a second look at local guidelines set last fall establishing requirements for business owners looking to open a new bar in the city by transferring in an existing liquor license from another Ohio community via the trex transfer.

The existing guidelines set by council spell out requirements that must be met before council would sign off on a trex request. The existing guidelines are:

  • The entity wanting to bring the trex license transfer into the city must invest a minimum $750,000 in the physical structure (or) building that will hold the license
  • The building (or) structure that will hold the license must have a minimum of 4,000 square feet of dining space
  • Alcohol sales cannot account for more than 25 percent of total retail sales at the establishment
  • Council must review and approve or disapprove all trex transfers

"Are those too high?" Kent Economic Development Director Dan Smith said. "What if there’s a quality, small entity that wants to come into downtown? Should they be excluded?"

Two new bars and one restaurant that wants to serve alcohol all are trying to relocate or open anew in downtown Kent, and none of them meet all three of the primary local requirements for a trex transfer.

Developer Ron Burbick, who created Kent's Acorn Alley projects and is renovating Acorn Corner, said two of those businesses are moving into his developments.

The first is Belleria Pizza and Italian Restaurant, which is planning a move in three weeks to Acorn Alley. And the second is the Secret Cellar, a new wine and jazz bar looking to open in the basement of Acorn Corner in the next three months — provided the necessary permit and licensing approvals are obtained.

Burbick said both will fall short of the 4,000 square feet requirement, and the proposed wine bar may not meet the 75-25 percent requirement of food to alcohol sales whereas Belleria will meet the food-to-alcohol sales percentage requirement.

"My total investment in my development downtown is $22.5 million, so I think I might meet the criteria," he said. "Quite honestly for a jazz club and for an Italian restaurant like that … we didn’t want a big place."

The third is Twisted Root Cellars, a wine and craft beer bar Gary Gardner told council he is looking to open up in the former trophy shop in the Kent Stage building.

"We’ve been looking at this space now for six, seven months," Gardner said.

He said even if his business got city council's approval for the trex transfer there is still a host of requirements the business has to meet at the state level before state officials sign off on the transfer.

After more than an hour of talks most of council agreed the requirements may need tweaked, but they also greed the city needs baseline regulations for proposals.

"You cannot remove all subjectivity from the decision," Councilman Garret Ferrara said. "I think at some point in time we’re going to be stuck with a case to say, ‘Do we like this proposal or not?'"

Council voted unanimously to have city administrators review the issue and come back to council with recommendations for altering the existing trex guidelines.

Council also voted to suggest those recommendations include presentation of a business plan and lowering the investment amount to $250,000.

Kent City Manager Dave Ruller said in crafting and reviewing the new recommendations city leaders will need to be careful not to lower the bar too much.

"We don’t want to go so low that we’re risking or jeopardizing the quality of things that we are seeing in our downtown right now," Ruller said.

Related Topics: Requirements, Trex Liquor License, kent city council, and liquor license transfer

Chris (Kit) Myers

7:21 am on Thursday, March 7, 2013

I see by this morning's Record-Courier that drunken driving arrests in Kent have increased. I may be wrong but I think that drunken driving has something to do with the consumption of alcoholic beverages. But then, having more establishments that serve them helps to make Kent a "destination" and we must have that no matter the negative aspects of drunkenness in our city. It is called "progress."

Thank you.

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Mars

10:45 am on Thursday, March 7, 2013

More places that serve the alcoholic drinks and no easily accessible overnight parking means more belligerent drunks pouring out of yet more bars. People with a major lack of inhibitions and all common sense/intelligence out there risking our lives and theirs on the roads of Kent and onward. I guess the police get more revenue, but only at the expense of everyone's safety. :(
I do see an awful lot of yellow plates around here. Those worthless drunks shouldn't be allowed to drive. Soon they will kill someone, hopefully just themselves. By the way, you have to get in an awful lot of trouble to get the yellow plates.

moral concerned kent historian neighbor man

8:58 am on Thursday, March 7, 2013

now that it involves one of burbick's properties it's time to "take a second look" at the TREX transfer... such a surprise. oh, and the name "secret cellar" is a dumb one.

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Steve

4:11 pm on Friday, March 8, 2013

How do you equate "more belligerent drunks pouring out of yet more bars" with 1) a wine & jazz bar, 2) a wine and craft beer bar, and 3) an italian restaurant??? That is utter nonsense. Most establishments with liquor licenses downtown already cater mostly to the college crowd at night, yet when a prospective business wants to do something different, i.e. cater to an older, more responsible crowd, the same old whiners still complaint about it. Many adults can responsibly use alcohol to complement their evening downtown--whether they are watching a concert at the Kent Stage, listening to live Jazz music, or eating a pizza. Just because you don't, doesn't mean the rest of us are belligerent drunks.

Teresa K.

8:58 am on Thursday, March 7, 2013

Heres what I come away with from this article: "Two new bars and one restaurant that wants to serve alcohol all are trying to relocate or open anew in downtown Kent, and NONE of them meet all three of the primary local requirements for a trex transfer" They dont meet the requirements. NO BRAINER. You can dress up a bar all ya want, it's a bar where people go to get drunk.

And this: "MY total investment in MY development downtown is $22.5 million, so I think I might meet the criteria"... translation: " I put all this money into this place and I think you can bend your guidelines for me.." Who's running the show, Kent?

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moral concerned kent historian neighbor man

9:09 am on Thursday, March 7, 2013

that's right, teresa. it's where people go to get drunk - and too hook-up also! move to hartville if it's a no alcohol-hartville kitchen-chastity pledge ball kinda town you're after.

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Mars

10:47 am on Thursday, March 7, 2013

You mean hook-up as in get drunk and have sex with someone you don't really know? Go America! Fun!

Donald S

11:02 am on Thursday, March 7, 2013

Mars, why single America out in a comment like that. This is common everywhere

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Mars

11:07 am on Thursday, March 7, 2013

Casual sex may run rampant throughout the world, but I happen to live here in America. Maybe I'll start focusing on another country. Might make it easier.

Lightnapper

11:44 am on Thursday, March 7, 2013

Irresponsible people are responsible for DUI's. Alcohol's been around for thousands of years; although it plays an integral part in the process, overconsumption of alcohol is the 2nd most important role. Lack of self-control, psychological or biological, is the most important element. More people can and do control their personal behavior than do not. They dine out, listen to music, or sip a craft beer/glass of wine responsibly without exceeding DUI standards. Those that don't are a minority. Do we restrict Majority freedoms because of Minority excesses? Do we restrict responsible citizen's personal freedoms to “Nanny-sit” the entire citizenry? Are we ready to redefine American Democracy because of an irresponsible minority? I never drink & drive. It's too dangerous an activity to impair one’s response time, be it alcohol, cellphone, or eating. That's a personal choice. However, I also don't foist my morality upon others. For people who do irresponsibly and selfishly violate the “peoples’ mandated” laws, punish them. These businesses don't sound like typical "College Bars." As a youth, I visited most of them in Kent-- including the “Under-the-Bridge Bar” down by the river. Be glad a business besides "The University" wants to locate in Kent and go through the processes necessary to operate and to attempt to be fiscally successful; and, therefore, make Kent a more prosperous and inviting place to reside and to visit for people who can still manage to have fun.

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Mars

6:03 pm on Thursday, March 7, 2013

Every day, almost 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 48 minutes.1 The annual cost of alcohol-related crashes totals more than $51 billion.2

Also, my friend, alcoholism is a disease. They are sick. And they need help. To label them all as irresponsible is a bit much. Also, lack of self-control, psychological or biological, is one of the first things that jumps out the window when alcohol is present.

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Mars

6:40 pm on Thursday, March 7, 2013

Percent of adults 18 years of age and over who were current regular drinkers (at least 12 drinks in the past year): 51.5% (For 2011)

Number of alcoholic liver disease deaths: 15,990
Number of alcohol-induced deaths, excluding accidents and homicides: 25,692 (For 2012)

Alcohol is the number one drug problem in America.

There are more than 12 million alcoholics in the U.S.

Three-fourths of all adults drink alcohol, and 6% of them are alcoholics.

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Lightnapper

11:58 am on Friday, March 8, 2013

The stats are why I, & a MAJORITY of Americans, don't drink & drive; why we use alcohol responsibly. We CHOOSE to be responsible not irresponsible, honoring a "social contract." ALL people who drive intoxicated are engaging in irresponsible activity-- by Free Will. Nobody forces them to drive. They're making a bad choice-- no matter what the reason. And not all people who drink are alcoholics or drive. Of course alcoholism is a disease-- both psychological & biological. Who stated otherwise? But, just because a person is "sick & needs help" does not relieve them of personal responsibility. The law is clear; it is enforced by edict of the MAJORITY. Logic-- Are all alcoholics drinkers/former drinkers? Yes. Are all drinkers alcoholics? No. Are all alcoholics who drive drunk engaging in an irresponsible act? Yes. Is an irresponsible act irresponsibility? Yes. Is irresponsibility selfish? Yes. Are all drinkers who drive irresponsible? No. Are all drivers who drive drunk alcoholics? No. Are all drinkers who drive drunk irresponsible? Yes. Do all "alcoholics" engage in irresponsible driving behavior? No. Do all "drinking" alcoholics engage in irresponsible behavior? Yes. (They're impacting themselves & others negatively) Do all drinkers engage in irresponsible drinking related behavior? No. Do all drinkers pee themselves? No. Do all drinkers slobber? No. Do all drinkers vomit? No. Do all drinkers lose inhibitions? No. Do all drinkers lose psychological & biological self-control? No.

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Lightnapper

12:25 pm on Friday, March 8, 2013

An aside-- Prescription drug abuse is currently the #1 addiction in America. Nicotine addiction is right up there. 400,000 deaths per year in America.

"...estimated 1.3 billion people are smokers worldwide and every 6.5 seconds a current or former smoker dies, according to the World Health Organization (WHO). Also, 33 percent to 50 percent of all smokers are killed by their habit...reports say that around 5.4 million deaths a year are caused by tobacco. On this basis, smoking is set to kill 6.5 million people in 2015 and 8.3 million humans in 2030. Meanwhile, cancer is the second leading cause of death and was among the first diseases causally linked to smoking." (Source: Stop Cigarettes)

Addiction to food is also quite high in America-- increased obesity is an indicator of this trend.

Deaths in America-- final 2010 data:

•Heart disease: 597,689
•Cancer: 574,743
•Chronic lower respiratory diseases: 138,080
•Stroke (cerebrovascular diseases): 129,476
•Accidents (unintentional injuries): 120,859
•Alzheimer's disease: 83,494
•Diabetes: 69,071
•Nephritis, nephrotic syndrome, and nephrosis: 50,476
•Influenza and Pneumonia: 50,097
•Intentional self-harm (suicide): 38,364

http://www.cdc.gov/nchs/data/dvs/deaths_2010_release.pdf

In my humble estimation, people need to take full responsibility for their personal actions because a person's individual actions do eventually impact the entire society, and often in a negative manner. That's all I was saying.

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Mars

7:03 pm on Friday, March 8, 2013

Mental health is a big issue this country. We don't address it and take a "You take care of yourself" mentality even though many can not.

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Lightnapper

10:01 am on Saturday, March 9, 2013

You're right. Yet, I don't totally agree with the old "I'm a victim...whaaaaa! I can't control myself...forgive me!" routine for all cases of mental illness generated behavior-- repetitive alcoholic- driven drinking & driving being one. Besides, the test for Insanity in a court of law is very rigid. You can basically be a Serial Killer & still not meet the legal standard. The pertinent question—“Did the defendant understand the difference between right & wrong when he committed the crime?” What to do? I say we take all serial "driving" alcoholics & incarcerate them in mental institutions. They can’t take care of themselves & endanger the public; we must forcibly stop them. Drunk driving laws do not. Drinking establishments abound. We must act. It'll give Ward A a whole new meaning. Think of the raisin-orange peel Toilet Hooch! We'll recoup the lost business revenue, un-generated taxes, and employment loss from not granting 3 businesses a food/liquor license; and also reestablish Kent as a beachhead for cutting edge mental health reform. Reopen Fallsview & maybe the Lawson's plant too. I can get some good French Onion chip dip on my way to visit my alcoholic friends who were formally sipping wine, nibbling on cheese & crackers, & listening to Jazz. It's been nice chatting in circles with you. Good day, Mars, and have a responsible Sunday Sip-- It's not Iowa, yet-- or Toke-- oh ya’ll can't, it's not California—ok, perhaps have some real fun and take in a "Meeting."

Andy Koch

3:33 pm on Thursday, March 7, 2013

My vote goes for Lightnapper as for who has the most reasonable comment on this thread. Nice to see some logical thought process.

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Chris (Kit) Myers

5:57 pm on Thursday, March 7, 2013

Well, Lightnapper, fat lot of good it does me after some irresponsible drinker, a member of your irresponsible minority, smashes into me and kills me. You can't catch and punish them all before something bad happens, gentlemen, and that bad could happen to you or a member of your family, even if you lived in Hartville. Do you read the paper? You could be the next person scraped off the pavement.

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Mars

6:07 pm on Thursday, March 7, 2013

I couldn't agree more. I know and have known far too many people in my life who are unable to drink and keep themselves from getting behind the wheel.

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Lightnapper

12:47 pm on Friday, March 8, 2013

Why are you killing the messenger? I don't like DUI drivers any more than I like people who don't use sound logic. Never said I did. In fact, I oppose them, and I said as much. I just like American Democracy over fascism. Read much for comprehension? Newsflash-- all drinkers are not drunk drivers, or alcoholics. In fact, some drinkers don't even drive. And imagine this-- not all drinkers are fall-down drunks. Wow, who’d thunk! But hey, But, ok, have it your way-- round up all the drinkers in America-- social, responsible, and otherwise-- might as well gather up the pasta and pizza eaters as well-- and then just get rid of them. How you do it is up to you. Good luck with that! Or, you could just live in complete fear of everything. Just curious-- what are you proposing, Prohibition? I seem to recall that didn't work too well. I think Joe Kennedy had something to do with that-- business and the Mob trumping the Christian Temperance Movement, Carrie Nation, and her moralistic ilk. In the end, all I'm advocating for is personal responsibility, not a general extermination of the "minority drunk driving" population and a destruction of business. One side says my way or the highway; the other side says the same...what always happens?

Debbie

8:45 am on Friday, March 8, 2013

Why can't we have some retail shops instead of more restaurants and bars? Just saying, I like to shop and will mostly likely spend my money where the retail stores are.

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Mars

9:51 am on Friday, March 8, 2013

With Debbie's comment, I agree. Kent lost it's hardware store and the only place to get groceries is the co-op or the meager offerings at the Kent State International Market down acorn alley. The stores that are opening up don't offer me anything. I've lived in Kent for WAY too long for my own good, and now there is even less that appeals to me. Guess I'm just too poor to live in and enjoy this town. Here's to my higher taxes!!

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Steve

2:10 pm on Friday, March 8, 2013

I hate to break it to Mars, and others, but downtown grocery stores, drug stores, hardware stores, etc., are a thing of the past, with very few exceptions. I'm not saying that is a good thing, but it is reality.
Don't you think downtown's developers and landowners would've put a grocery store or hardware store in downtown already if it was economically viable for the developer, landowner, and business owner? We all miss Kline's Grocery, Thompson's Drug Store, Kent Hardware, etc., but the City didn't force those places out of business, and it's not the City's fault that no similar businesses are knocking on the door to come downtown. Blame Acme & Giant Eagle, CVS & Walgreens, Home Depot & Lowes. Or just blame the times.

The constant griping that these new stores "don't offer me anything" is so trite and ridiculous. They are 'specialty' stores, and they are not supposed to offer you what you can buy at Wal-Mart. The developers chose 'specialty' stores and restaurants because they spent a lot of time and money, and determined these types of establishments give them the best chance of return on their investment. Are they all going to survive? Of course not. But they have a better chance than a grocery store, drug store, or hardware store. Why? Because (unfortunately) people will still go to Wal-Mart, where they can buy their groceries, medicine, and tools in one stop. At least these new stores offer you something you can't typically buy at a big box. store.

JustSaying

10:04 am on Friday, March 8, 2013

You could always move and live somewhere you like better.

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Mars

7:07 pm on Friday, March 8, 2013

Oh, but my house value dropped yet again. Not to mention the rentals near me are empty and there are several foreclosed homes within a stones throw. I can't go. I sure would though.

Sa;;y

3:19 pm on Friday, March 8, 2013

Lightnapper: Alcohol impairs your judgement and physical abilities. There is no such thing as drinking responsibly. That saying always just makes me laugh.
For everyone else: Alcohol is a money maker for much more than the bars and restaurants. The police, court system and attorneys count on all the money generated from tickets for DUI'S. They don't want to do anything to decrease this because it would decrease their revenue.

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Lightnapper

10:04 am on Saturday, March 9, 2013

"There is no such thing as drinking responsibly." Oh, my bad. I just read it on the back of the beer can, and thought it was true. Are those Church bells I hear ringing.

Sa;;y

3:22 pm on Friday, March 8, 2013

P.S. I'm not against drinking. I just think it's ironic our city leaders keep wanting to add more and more bars and establishments that service alcohol and then criminalize people who drink and drive. Once your impaired, of course you don't know you can't drive, Duh! Let's come up with transportation to all these bars so people aren't drinking and driving on our roads.

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Chris (Kit) Myers

6:10 pm on Friday, March 8, 2013

Yes, Lightnapper, your last sentence about people needing to take full responsibility for their actions is correct because they do sometimes impact the entire society in a negative way. That's why we have speed limits. Is that fascism?

No, Lightnapper, I am not proposing prohibition. Believe me when I say that I have no problem with someone having a drink with dinner or meeting a friend for a beer. I do it.

My reading comprehension really isn't so bad for an old guy.

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Lightnapper

10:23 am on Saturday, March 9, 2013

Mr. Myers you seem like a stand-up guy. However, I don't normally respond to Circular Reasoning arguments. And, I stop at all Stop Signs. It's the law. I also do not drink and drive. It's not safe; and, in the end, it is up to the investigating officer to determine if a person is over the limit. Why take that interpretative chance, especially since "It's against the law?" And very democratic, since it was majority legislated. And, I was re-sarcasting you on your sarcastic "do you read the newspaper?" comment, Old Chap. Of course I do, even the electronic ones. It's in my job description-- Big Brother and all. Hey, it's Spring Forward Sunday...and I'm late....gotta get drunk before Church. Thinking about a quad-triple Irish Coffee with a splash of Brandy and a Bailey's floater. It makes the self-serving, self-righteousness I'm about to bear somehow easier to swallow. But I'll walk. Have a good one, sir.

Steve

8:20 pm on Friday, March 8, 2013

Pity Mars, the only person whose house has lost value and the only person who lives near foreclosed homes or empty rentals. House values have dropped, and foreclosures have increased, across the country. In many states much worse than Ohio, in many Ohio counties much worse than Portage, and in many Portage towns much worse than Kent.
You should be able to sell or short-sell your house and buy another comparable house elsewhere for a great deal, net-wise. Sell your house to someone who appreciates Kent and the effort the City is making, and move to another town that will better appreciate your whining.

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Mars

9:24 pm on Friday, March 8, 2013

That's what I was hoping for. Getting less for my house than I invested in it. That's why I succumbed to the American Dream.

dharma freebird

8:28 am on Saturday, March 9, 2013

Kudos to "Steve"!! I too am tired of the people who complain about downtown not offering them anything. Are you kidding me...how would you like to go back to the days where the only places to eat were Ray's and Pufferbelly? Back then you had to leave Kent to get anything different. Now, there are so many choices, places to hang out, watch sports or visit with people who might be here from out of town. Afraid of drinking and driving? Most of Kent is accessible by walking!!

The new specialty shops are just that...SPECIAL. If you want mass produced stuff then head to Wal*Mart or Kohl's. Having been in Kent since 1982 I can honestly say that it has never been a better time to live here.

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Mars

8:52 am on Saturday, March 9, 2013

Thankfully we have different tastes.

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JustSaying

9:15 am on Saturday, March 9, 2013

Steve and Dharma, I completely agree. I'm so tired of people who always view the glass as half empty. Grow-up, take a loss on your property (if need be), and move somewhere where you're happy (and not such a negative force in our community.) Or invest in this community and start the kind of business you want to see downtown - Plenty of others have. I'm not wealthy, but I ran my own business for over 20 years. As a third generation Kent-resident, I'm proud of Kent, Ohio, our history, and our progress.

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Mars

10:01 am on Saturday, March 9, 2013

Oh yes, only bright shiny happy people can inhabit Kent. No one with an opinion other than your own can speak. If you don't like something, shut up and leave. Yes, that's the town I know.

Mars

8:57 am on Saturday, March 9, 2013

My favorite is when people say Kent isn't affluent enough to have a Trader Joe's or good grocer of any kind. Yet we're good enough for expensive little specialty shops.

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Aaron D

5:57 am on Monday, March 11, 2013

Agreed! I think there was for a long time, truth to the affluence statement, but it has been nearly twenty in the past. Kent has changed since the West River neighborhood was a miniature ghetto of abandoned buildings.

Teresa K.

9:32 am on Saturday, March 9, 2013

what did you folks think about the possible changes to the trex license?

According to this article and the second Link you go to up there, the requirements were APPROVED LAST FALL.... and just 6 months later we have to possibly change
the requirements? what is that?

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Wilburforce

9:26 am on Sunday, March 10, 2013

I thought the American Dream was the ability to walk downtown have a few cocktails
Nice dinner and sex with an attractive stranger !

Kent's Trex requirements were obviously poorly conceived ......doesn't matter if they were written 6 months or 60 years ago.

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Resident of Kent

11:45 am on Sunday, March 10, 2013

Sounds like another action plan of "leap before you look" in downtown Kent Ohio.

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