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Resolution No. 2021-32 Conditional Use Approval for Arcade Zone USA LLC - June 1, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ARCADE IN THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD, TENANT SPACE 431; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS an indoor commercial recreation use may, pursuant to Section 31- 144(c)(2)(g) of the City's Land Development Regulations, be established on property zoned B2 (Community Business) District if approved by the City Commission as a conditional use; and WHEREAS, Section 31-73(c) of the Regulations sets forth standards by which conditional use applications are reviewed; and WHEREAS, Arcade Zone USA, LLC, has through Application No. CUP2105-0001 , requested Conditional Use approval to permit the operation of an indoor commercial recreation use, specifically an arcade, in tenant space 431 in the Aventura Mall at 19501 Biscayne Blvd.; 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 intent of the conditional use being considered for approval is specific to Arcade Zone USA, LLC and the identified location, and not applicable broadly or to any other commercial recreation use; 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 CUP 2105-0001 for Conditional Use to operate an Arcade in the Aventura Mall Tenant Space 431 located at 19501 Biscayne Boulevard, is hereby granted subject to the following conditions: City of Aventura Resolution No. 2021-32 1) Hours of operation allowed shall be Monday through Friday from 11 AM to 9 PM, Saturday from 10 AM to 9 PM, and Sunday from 12 Noon to 8 PM. Any change expanding the operating hours allowed will require a revision to the conditional use approval. 2) At the City Manager's discretion, the City may require this Conditional Use Permit return to the City Commission for additional review should there be three (3) or more verified calls for police service at this location during any ninety (90) day or less period of time. 3) Applicant shall not conduct e-sports or other video game tournaments without Special Events Permit approved by the City. 4) Children under the age of 12 shall be required to be accompanied by an adult on the premises. Game cards shall not be sold to children under the age of 12. 5) The approval is granted exclusively to Arcade Zone USA, LLC and may not be transferred to any other operator or entity. 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 Evans, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Absent Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes Page 2 of 3 City of Aventura Resolution No. 2021-32 PASSED AND ADOPTED this 1st day of June, 2021 . E't ENID WEISMAN, MAYOR dam. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 2nd day of June, 2021 . � A� CITY CLERK Page 3 of 3