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Resolution No. 2023-20 Conditional Use Approval Alcoholic Beverages Aventura Food Hall - April 4, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-20 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 INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA FOOD HALL LOCATED AT 2777 NE 185 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 2777 NE 185 Street, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application No. CUP2303-0001 ("Application"), is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar area within restaurants (the "Restaurants") established at the proposed Aventura Food Hall located at 2777 NE 185th Street, City of Aventura; and WHEREAS, following proper notice, 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 herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Application for Conditional Use approval to allow the sale and service of alcoholic beverages at cocktail lounge/bar areas within restaurants established at the proposed Aventura Food Hall located at 2777 NE 1851h Street, City of Aventura, legally described in "Exhibit A"to this resolution, is hereby granted subject to the following conditions: 1 . This approval shall be granted exclusively to restaurants established within the proposed Aventura Food Hall at 2777 NE 185th Street, Aventura, and may not be transferred to any other location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food within each 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. 2023-20 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 serving of alcoholic beverage nor any open alcoholic beverage container from the premises. 4. This approval is contingent upon the establishment and continued operation on premises of at least one (1) anchor restaurant with more than 2,500 square feet of floor space and seating accommodations for service of 150 or more patrons at tables, including seats at an indoor bar or counter at which full course meals are available, if applicable. 5. Each individual restaurant shall obtain an alcoholic beverage license from the State of Florida and begin sales and services of alcoholic beverages within (12) months of the alcoholic beverage license zoning approval granted by the City administration for that restaurant or such approval shall be deemed null and void. 6. Each individual restaurant 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. 7. Each individual restaurant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure that no sales are made to underage customers or to customers who may have been over-served at other establishments. 8. If the City Manager determines a particular tenant has created and/or is creating a nuisance, the City Manager may request that the conditional use approval as it relates to the particular tenant be brought to the City Commission for review. Section 2. The City Manager 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. Page 2 of 4 City of Aventura Resolution No. 2023-20 The foregoing Resolution was offered by Commissioner Bloom, who moved its adoption. The motion was seconded by Vice Mayor Joel, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Absent Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes PASSED AND ADOPTED this 4th day of April, 2023. ,e HOWARD S. WEINBERG, E Q. MAYOR ATTEST: ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 4 City of Aventura Resolution No. 2023-20 EXHIBIT "A" Legal Description PARCEL B: Lot 2, Block 1, Aventura Walgreens Subdivision, according to plat thereof, as recorded in Plat Book 157, Page 43, of the Public Records of Miami-Dade County, Florida. Page 4 of 4