2008-24
RESOLUTION NO. 2008-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE
AT THE CAVIAR & MORE! KIOSK IN THE AVENTURA MALL AT
19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING
FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned B2, Community Business;
and
WHEREAS, the applicant, Caviar & More Miami, Inc., through Application No.
02-CU-08, is requesting Conditional Use approval to permit the service and sale of wine
and champagne at the Caviar & More! Kiosk in the Aventura Mall; 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 permit the sale and service of wine and
champagne at the Caviar & More! Kiosk in the Aventura Mall at 19501 Biscayne
Boulevard and legally described as Part of Tract Q, Aventura 6th Addition more
particularly described in Exhibit "A" is hereby granted subject to the following conditions:
1. Prior to issuance of a certificate of occupancy or completion for the unit, the
applicant shall record a covenant, in form satisfactory to the City Manager and the
City Attorney, containing the following restrictions:
i) Wine and champagne only shall be sold and served at the kiosk only in
conjunction with the service of food.
ii) Wine and champagne shall be served only to patrons seated at the kiosk.
A maximum of six (6) seats will be provided at the kiosk and this number
of seats shall not be expanded.
Resolution No. 2008-24
Page 2
iii) Folding screens will be placed on both sides of the seating area to provide
privacy for customers of the kiosk and to screen the view for pedestrians
in the mall.
iv) Customers will not be permitted to consume more than one (1) four (4)
ounce glass of wine or champagne at the kiosk, but may purchase sealed
bottles for off-premises consumption pursuant to applicable State
licenses.
v) Customers will not be permitted to remove the glass of wine or
champagne from the kiosk.
vi) This approval is granted exclusively to Caviar & More Miami, Inc. and may
not be transferred to another owner and/or operator of the kiosk.
vii) The applicant's hours of operation shall coincide with the hours of
operation of the Aventura Mall.
viii) The applicant shall obtain an alcoholic beverage license from the State of
Florida and begin sales and service of wine and champagne 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.
ix) 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
x) 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 or to Mall patrons and/or that the applicant
has violated any condition of this approval. The applicant agrees to
immediately discontinue sales and service of alcoholic beverages upon
written notice to the applicant of such a determination.
xi) Any discontinuation of the sales and service of wine and champagne for a
period of 180 consecutive days shall constitute abandonment and shall
rescind this approval.
Section 2. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Weinberg, who moved
its adoption. The motion was seconded by Commissioner Joel, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
absent from the room
Resolution No. 2008- /.. 'f
Page 3
PASSED AND ADOPTED this 6th day of May, 2008.
APPROVED AS TO LE~CY:
~~
CITY ATTORNEY
in the Office of the City Clerk this 1 day of May, 2008.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q LYG ELY OF A LINE
DESC BEG NW COR SEC 3 N 87 DEG E875. 83FT NELY ALG C/L OF
AVENTURA BLVD AD 469.52FT S 21 DEG E73FT TO SELY R/W/L & POB
S 25 DEG E94.96FT S 25 DEG W58.66 FT S 70 DEG W122FT SWLY-SLY-
SELY AD 411.13FT S 2 DEG E31.63FT S 42 DEG W56.57FT W184FT
S90FT E148FT SE56. 57FT S283. 37FT SW56. 57FT E148FT S90FT E148FT
SE56.57FT S200FT SELY AD 374.79FT SWLY73.41FT TO END OF LINE
DESC & ALL OF TR R LESS MACYS LEASE SITE & LESS LORD & TAYLOR
LEASE SITE & LESS J C PENNY LEASE SITE & LESS BLOOMINGDALE
LEASE SITE & PARKING GARAGE & LESS BURDINES LEASE SITE &
PARKING GARAGE & LESS PORT LYG IN BISCAYNE BLVD OR 14572-870
0690