Resolution No. 2018-78 Conditional Use Approval for Alcoholic Beverages at Cocktail Lounge within 800° Woodfired Kitchen Restaurant - September 4, 2018 RESOLUTION NO. 2018-78
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 800° WOODFIRED KITCHEN
RESTAURANT LOCATED IN SUITE C-3, 2956 AVENTURA
BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community
Business District; and
WHEREAS, the applicant, Forty Three Enterprise LLC, doing business as 800°
Woodfired Kitchen, through Application No. 07-CU-18, is requesting Conditional Use
approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar
within the 800° Woodfired Kitchen restaurant in Suite C-3 of the Regency Center plaza
at 2956 Aventura Boulevard; 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/bar within the 800° Woodfired Kitchen
restaurant in Suite C-3, 2956 Aventura Boulevard, legally described as a portion of
Tract G, "Aventura Second Addition" according to the plat thereof recorded in Plat Book
99, Page 21 of the Public Records of Miami-Dade County, Florida, is hereby granted
exclusively to the applicant subject to the following conditions:
1. This approval shall be granted exclusively to Forty Three Enterprise LLC,
doing business as 800° Woodfired Kitchen, or any wholly owned subsidiary,
in Suite C-3, 2956 Aventura Boulevard, City of Aventura, and may not be
City of Aventura Resolution No. 2018-78
transferred to another owner and/or operator of the restaurant or to another
location.
2. Customers will not be permitted to remove an individual glass of alcoholic
beverage or any open container from the restaurant.
3. 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.
4. 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.
5. 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.
6. No amplified sound shall be allowed in the outdoor patio area to ensure that
neighbors are not disturbed by noise.
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
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
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City of Aventura Resolution No. 2018-78
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 Dr. Marks, who moved its
adoption. The motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 4th day of September, 2018.
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City of Aventura Resolution No. 2018-78
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ENID WEISMAN, AYOR
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ATTEST:
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ELLISA L. HORVATH,4
CITY CLERK
APPROVED AS TO LEGAL SUFFICNCY:
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CITY ATTORNEY
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