Resolution No. 2024-18 Conditional Use Approval for Alcoholic Beverages at Gaby by Call Me Gaby (Aventura Mall) - March 5, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-18
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 A COCKTAIL LOUNGE AREA WITHIN GABY BY CALL ME GABY
RESTAURANT LOCATED AT 19565 BISCAYNE BOULEVARD, UNIT
938, IN THE AVENTURA MALL; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property at 19565 Biscayne Boulevard, Space 938, legally
described in Exhibit "A", is zoned B2, Community Business District; and
WHEREAS, the applicant, Gaby Aventura, LLC, through Application No.
CUP2402-0001 ("Applicant"), is requesting Conditional Use approval to permit the sale
and service of alcoholic beverages at a cocktail lounge/bar area within Gaby by Call Me
Gaby restaurant established at space 938 on the first 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 Lounge/Bar established in space 938 of the Gaby
by Call Me Gaby restaurant 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 the Gaby by Call Me Gaby restaurant
established at the Aventura Mall and may not be transferred to any other location.
2. Customers will not be permitted to remove any 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.
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
City of Aventura Resolution No. 2024-18
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 Commissioner Friedland, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Resolution No. 2024-18
PASSED AND ADOPTED this 5th day of March, 2024.
H WARD S. WEINBERG4E .
MAYOR
ATTEST:
ELLISA L. HORVAT MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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City of Aventura Resolution No. 2024-18
EXHIBIT "A"
Legal Description
AVENTURA 6TH ADDN PB 120-20
PART OF TR Q DESC COMM NE COR OF TR
R TH S 87 DEG W 266FT S 02 DEG E
237.88FT S 87 DEG W 242.67FT FOR
POB TH S 34 DEG W 17.11 FT S 60 DEG
E 17.98FT S 29 DEG W 104.84FT N
60 DEG W 16.98FT S 29 DEG W 7.96FT
SWLY AD 39.98FT S 74 DEG W 56.48FT
SWLY AD 23.84FT S 46 DEG W 63.37FT
S 15 DEG E 15.98FT N 74 DEG E
24.51 FT S 15 DEG E 43.75FT S 74 DEG
W 25.07FT N 14 DEG W 6FT S 74 DEG W
30.87FT S 14 DEG E 6FT S 74 DEG W
151FTN 15 DEG W 5.86FT S 74 DEG W
17.47FT N 15 DEG W 40.20FT NWLY AD
33.5FT N 63 DEG W 45.29FT S 29 DEG
W 89.23FT N 60 DEG W 192.78FT N 29
DEG E 98.20FT NLY AD 183.01 FT NWLY
AD 11 .21 FT N 15 DEG W 171.93FT NELY
AD 11 .56FT N 10 DEG E 12.11 FT NLY
AD 5.26FT N 16 DEG W 95.32FT NWLY
AD 13.38FT N 15 DEG W 258.33FT SELY
AD 424.73FT S 42 DEG E 518.18FT
SELY AD 126.34FT TO POB AKA MACYS
EXPANSION LEASE SITE
LOT SIZE 9.514 AC M/L
FAU 28 2203 038 0030 0070 & 0100
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