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Resolution No. 2022-19 Conditional Use Approval Alcoholic Beverages Mister O1 Pizza (2980 NE 207 St. Suite 109) - February 1, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN MISTER 01 PIZZA RESTAURANT LOCATED AT 2980 NE 207 STREET, SUITE 109, IN THE 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, Aventura 305, LLC, doing business as Mister 01 Pizza Restaurant, through Application No. CUP2112-0001 , is requesting Conditional Use approval to permit the sale of alcoholic beverages for on premise consumption at an indoor bar/lounge area within the Mister 01 Pizza Restaurant located at 2980 NE 207 Street, Suite 109, in the Aventura ParkSquare 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 Mister 01 Pizza Restaurant in Suite 109, 2980 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: 1 . This approval shall be granted exclusively to Mister 01 Pizza Restaurant in Suite 109, 2980 NE 207 Street, in the Aventura ParkSquare 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 City of Aventura Resolution No. 202249 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 for bars and cocktail lounges to sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; specifically, 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. 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. Page 2 of 3 City of Aventura Resolution No. 202249 The foregoing Resolution was offered by Commissioner Narotsky, who moved its adoption. The motion was seconded by Commissioner Shelley, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Absent Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes PASSED AND ADOPTED this 1st day of February, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVA MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: A CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 2nd day of February, 2022. CITY CLERK Page 3 of 3