Resolution No. 2019-47 Granting Conditional Use Approval to Casa D'Angelo Aventura for Sale and Service of Alcoholic Beverages - September 10, 2019 RESOLUTION NO. 2019-47
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 AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN CASA
D'ANGELO AVENTURA, LOCATED IN SUITE 103, 2910 NE 207
STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned TC3, Town Center
Neighborhood District; and
WHEREAS, the applicant, AE Aventura LLC, doing business as Casa D'Angelo
Aventura, through Application No. 03-CU-19, is requesting Conditional Use approval to
permit the sale and service of alcoholic beverages at an indoor bar/lounge area within
the Casa D'Angelo Aventura restaurant in Suite 103, 2910 NE 207 Street, in the
Aventura Park Square mixed-use development; 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 an indoor bar/lounge area within Casa D'Angelo Aventura
restaurant in Suite 103, 2910 NE 207 Street, legally described as Parts of Blocks 17
and 18, alleys and vacated roads within the plat of Hallandale Park No. 8, recorded in
Plat Book 20, Page 49 and Part of Tract 1 of the plat of Lauranna recorded in Plat Book
76, Page 31 of the Public Records of Miami-Dade County, Florida, is hereby granted
exclusively to the applicant subject to the following conditions:
City of Aventura Resolution No. 2019-47
1. This approval shall be granted exclusively to AE Aventura LLC, doing business
as Casa D'Angelo Aventura restaurant in Suite 103, 2910 NE 207 Street, in the
Aventura Park Square development and may not be transferred to another owner
and/or operator of the restaurant or to another location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of
food within the restaurant. This does not preclude service of an alcoholic beverage
only without food as long as the establishment complies with the food/beverage
revenue percentages required by the State liquor license. The kitchen shall be open
and food shall be available for service at all times when alcoholic beverages are
being sold and served.
3. Customers will not be permitted to remove an individual glass of alcoholic
beverage or any open container from the restaurant.
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.
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City of Aventura Resolution No. 2019-47
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.
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 Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2019-47
PASSED AND ADOPTED this 10th day of September, 2019.
ENID WEISMAN, MAYOR
`CJ's 7 h'i,o 1,0,
ATTEST:
ELLISA L. HORVAT MC
CITY CLERK
APPROVED AS TO LEGAL UFFICIENCY:
Pkit
CITY ATTORN
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