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Resolution No. 2020-46 Granting Conditional Use Approval for Alcoholic Beverages to Jarana Restaurant - June 9, 2020RESOLUTION NO. 2020-46 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 -BAR AREA WITHIN JARANA RESTAURANT LOCATED AT 19505 BISCAYNE BOULEVARD, SUITE E150, IN THE ESPLANADE AT AVENTURA DEVELOPMENT, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Aventura Peruana LLC, through Application No. CUP2002-0001, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge -bar area within the Jarana restaurant (the "restaurant") in Suite E150 of the Esplanade at Aventura 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 a cocktail lounge -bar area with the Jarana restaurant located at 19505 Biscayne Boulevard, Suite E150, in the Esplanade at Aventura development, legally described in Exhibit "A" to this resolution, is hereby granted exclusively to the applicant subject to the following conditions- 1 . This approval shall be granted exclusively to Aventura Peruana LLC operating the Jarana restaurant at 19505 Biscayne Boulevard, Suite E150, in the Esplanade at Aventura development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. The cocktail lounge -bar shall operate as an accessory use to the restaurant. 3. Alcoholic beverages shall be served for on -premise consumption only. 4. The cocktail lounge -bar use will be automatically terminated upon termination of the restaurant use. 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. Meals shall be available at the cocktail lounge -bar area, but this does not preclude service of an alcoholic beverage only without food as long as the establishment City of Aventura Resolution No. 2020-46 complies with the food/beverage revenue percentages required by the State license. 7. 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. 8. 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. 9. 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. 10.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 or designee is authorized to issue 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 Shelley, 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 Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Howard Weinberg Yes Mayor Enid Weisman Yes Page 2 of 4 City of Aventura Resolution No. 2020-46 PASSED AND ADOPTED this 9t" day of June, 2020. 4�� CC711_�� ENID WEISMAN, MAYOR e ATTEST: ? � I f;:2� ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 �-� 14"t- CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 9t" day of June, 2020. City Clerk Page 3 of 4 City of Aventura Resolution No. 2020-46 M";tli A f"AAal Of LW LYING, A SEMN 11 M*MMF1 52 50^ AM45E 42 EAST, MLAI COMM F! 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