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Resolution No. 2023-52 Conditional Use Approval for Alcoholic Beverages at Treat Sprirts at Aventura Mall - October 3, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-52 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 THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE FH7 OF THE TREATS FOOD COURT IN THE AVENTURA MALL, LOCATED AT 19565 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 19565 Biscayne Boulevard, Space FH7, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the Applicant, Treats Spirits, LLC, through Application No. CUP2308- 0002 ("Applicant"), is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar area established in Space FH7 of the third level of the Aventura Mall located at 19565 Biscayne Boulevard, City of Aventura (the "lounge/bar"); 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 the cocktail lounge/bar established in Space FH7 of the Treats Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, legally described in "Exhibit A" to this resolution, is hereby granted subject to the following conditions: 1 . This approval shall be granted exclusively to Treats Spirits established within the Food Court of Aventura Mall and may not be transferred to any other location. 2. Customers will not be permitted to remove an individual serving of alcoholic beverage nor any open alcoholic beverage container from the premises. 3. The Applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. City of Aventura Resolution No. 2023-52 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. 5. The Applicant 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. 6. 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. 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. The foregoing Resolution was offered by Vice Mayor Bloom, who moved its adoption. The motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes Page 2 of 3 City of Aventura Resolution No. 2023-52 PASSED AND ADOPTED this 3rd day of October, 2023. • r? q � � � HOWARD S. WEINBERG, E MAYOR ATTEST: AAA��) ELLISA L. HORVAT , MC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: LJ L'A,., _p__- - CITY ATTORNEY Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.21FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5