Resolution No. 2017-20 Conditional Use Approval for Alcoholic Beverages at Pubbelly Sushi (Aventura Mall) - April 4, 2017 RESOLUTION NO. 2017-20
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES
AT A COCKTAIL LOUNGE WITHIN THE PUBBELLY SUSHI
RESTAURANT TO BE ESTABLISHED IN TENANT SPACE #936 OF
THE AVENTURA MALL EXPANSION AT 19501 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community
Business District; and
WHEREAS, the applicant, PBS Aventura LLC, doing business as Pubbelly
Sushi, through Application No. 01-CU-17, is requesting Conditional Use approval to
permit the sale and service of alcoholic beverages at a cocktail lounge within the
Pubbelly Sushi restaurant to be established in Tenant Space #936 of the Aventura Mall
expansion; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to allow the sale and service of
alcoholic beverages at a cocktail lounge within the Pubbelly Sushi restaurant to be
established in Tenant Space #936 in the Aventura Mall at 19501 Biscayne Boulevard,
legally described as Tract R and part of Tract Q, Aventura Sixth Addition, according to
the plat thereof as recorded in Plat Book 120 at Page 20 of the Public Records of
City of Aventura Resolution No. 2017-20
Miami-Dade County, Florida, is hereby granted exclusively to the applicant subject to
the following conditions:
1. This approval shall be granted exclusively to PBS Aventura LLC, doing business as
Pubbelly Sushi, in Tenant Space #936 in the Aventura Mall expansion and may not
be transferred to another owner and/or operator of the restaurant.
2. Alcoholic beverages shall be sold and served only in conjunction with service of
food.
3. Customers will not be permitted to remove the individual glass of alcoholic beverage
or any open container from the restaurant, but may purchase sealed bottles for off-
premises consumption pursuant to the applicable State liquor license.
4. The applicant shall obtain an alcoholic beverage license from the State of Florida
and begin sales and service of alcoholic beverages within twelve (12) months of the
date of the Resolution or the approvals granted shall be deemed null and void
unless extended by a motion of the City Commission at the written request of the
applicant, provided that the applicant has filed the request for extension within the
twelve (12) month period prior to expiration.
5. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages for consumption on premises pursuant to
Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00
a.m. the following day.
6. The applicant shall conduct Responsible Vendor Training pursuant to Florida
Statutes to ensure no sales are made to underage customers or to customers who
may have been over-served at other establishments.
7. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales and service of
alcoholic beverages upon written notice to the applicant of such a determination.
8. Any discontinuation of the sales and service of alcoholic beverages for a period
of 180 consecutive days shall constitute abandonment and shall rescind this approval.
Section 2. The City Manager is authorized to cause the issuance of permits in
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City of Aventura Resolution No. 2017-20
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2017-20
PASSED AND ADOPTED this 4th day of April, 2017.
ENID WEISMAN, MAYOR
* 421_,*
ATTEST:
ELLISA L. HORVA C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
vd k ,) tb,4A.)
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 4 day of AFY11, 2017.
CI 'CLERK
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