Resolution No. 2020-55 Granting Conditional Use Approval to Quore Gelato - July 7, 2020RESOLUTION NO. 2020-55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE AND SERVICE OF BEER, WINE, CHAMPAGNE
AND LIQUOR INFUSED GELATO AT QUORE GELATO IN AVENTURA
MALL KIOSK 2034, 19501 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 4, "Alcoholic Beverages", of the City's Code of
Ordinances, the applicant, Quore Gelato LLC, through Application No. CUP2005-0001,
is requesting Conditional Use approval to permit the sale and service of beer, wine,
champagne and liquor infused gelato at the Quore Gelato kiosk on the second level of
the Aventura Mall, as further described in Exhibit "A" (the "Property"); and
WHEREAS, the Property is zoned B2, Community Business District; 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 permit the sale and service of
beer, wine, champagne and liquor infused gelato at Quore Gelato in Aventura Mall
Kiosk 2034, 19501 Biscayne Boulevard, legally described as Tract R & Part of Tract Q,
Aventura 6t" Addition more particularly described in Exhibit "A" is hereby granted
subject to the following conditions:
i) Beer, wine, champagne and liquor infused gelato may be sold and served
to patrons seated at tables at the kiosk only in conjunction with the
service of food. Discontinuation of food service at the kiosk shall
terminate this approval to sell and serve alcoholic beverages.
ii) Customers will not be permitted to consume the glass of beer, wine or
champagne away from the kiosk.
iii) Customers may purchase sealed bottles for off -premises consumption
pursuant to the applicable State license.
iv) This approval is granted exclusively to Quore Gelato LLC, at Kiosk 2034
in the Aventura Mall and may not be transferred to another owner and/or
operator of the kiosk.
City of Aventura Resolution No. 2020-55
v) The applicant's hours of operation shall be co-incide with the hours of
operation of the Aventura Mall.
vi) The applicant shall obtain a 2COP alcoholic beverage license from the
State of Florida and begin sales and service of beer, wine, champagne
and liquor infused gelato 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.
vii) 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.
viii) 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 or to Mall patrons and/or that the applicant
has violated any condition of this approval. The applicant agrees to
immediately discontinue sales and service of alcoholic beverages upon
written notice to the applicant of such a determination.
ix) Any discontinuation of the sales and service of beer, wine and
champagne for a period of 180 consecutive days shall constitute
abandonment and shall rescind this approval.
Section 2. 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 3. 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 Marc Narotsky
Yes
Commissioner Robert Shelley
Yes
Vice Mayor Howard Weinberg
Yes
Mayor Enid Weisman
Yes
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City of Aventura Resolution No. 2020-55
PASSED AND ADOPTED this 7t" day of July, 2020.
l�xc�GG�E<dY�--
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 7t" day of July, 2020.
-- AA/v�
ELLISA L. HORVATH, MMC
CITY CLERK
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City of Aventura Resolution No. 2020-55
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
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