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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-108Temp. Reso. No.12562 October 8, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- /�f A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO GRANT AWAIVER OF BUSINESS REVENUE LICENSING FEES IN THE AMOUNT OF $1,558.90, TO EXTEND THE HOURS OF OPERATION TO 11:00 P.M. ON THURSDAY, NOVEMBER 6, 2014 THROUGH SATURDAY, NOVEMBER 8, 2014; AND TO PERMIT THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISE ON FRIDAY, NOVEMBER 7, 2014 THROUGH SUNDAY, NOVEMBER 9, 2014 FOR THE SAINT MALAC HY CATHOLIC CHURCH ANNUAL CARNIVAL, LOCATED AT 6200 JOHN HORRACE TERRACE, BEGINNING ON THURSDAY, NOVEMBER 6, 2014 AND ENDING ON SUNDAY, NOVEMBER 9, 2014; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Saint Malachy Catholic Church ("the Church") is a non-profit organization, which annually conducts a carnival to benefit the Church, and other worthy causes; and WHEREAS, the Church wishes to conduct its annual carnival (the "Carnival") from Thursday, November 6, 2014 through Sunday, November 9, 2014; and WHEREAS, the City of Tamarac, Florida ("the City") Business Revenue Licensing fee for the Saint Malachy Catholic Church Annual Carnival is established at $1,558.90; and WHEREAS, the City has received a request from the Church requesting a waiver of Business Revenue Licensing fees in the amount of $1,558.90 to conduct the Carnival; and WHEREAS, in accordance with Section 9-90 of the Code of Ordinances, the hours of operation for outdoor amusement is restricted between the hours of 6:00 a.m. to 10:00 p.m. of each day; and Temp. Reso. No.12562 October 8, 2014 Page 2 WHEREAS, the City also received a request from the Church to extend the hours of operation on Thursday, November 6, 2014 through Saturday, November 8, 2014 to 11:00 p.m.; and WHEREAS, the Church is also requesting permission to sell and consume alcoholic beverages on premise only on Friday, November 7, 2014 through Sunday, November 9, 2014; and WHEREAS, the Director of Community Development, the Building Official, and the Fire and Police Chiefs have recommended approval of the Carnival petition; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the residents of the City of Tamarac, Florida to approve the St. Malachy Catholic Church Annual Carnival to allow for a waiver of Business Licensing fee, an extended hours permit, and the sale and consumption of alcohol beverages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The Business Revenue Licensing fee in the amount of $1,558.90 shall be waived for Saint Malachy Catholic Church for its Annual Carnival, beginning on Thursday, November 6, 2014 and ending on Sunday, November 9, 2014. Temp. Reso. No.12562 October 8, 2014 Page 3 SECTION 3: The hours of operation for the Carnival shall be extended to 11:00 p.m. on Thursday, November 6, 2014 through Saturday, November 9, 2014. SECTION 4: The Carnival shall be granted permission to sell and consume alcoholic beverages on premise on Friday, November 7, 2014 through Sunday, November 9, 2014. SECTION 5: The Carnival shall be subject to the following conditions: 1. All appropriate permits, inspections and licenses in the operation of the carnival are obtained, and that all applicable Business Revenue Licensing fees are waived, but the waiving of these fees shall not eliminate the requirement to have regulatory agency inspections. 2. The proper insurance coverage is provided to the City of Tamarac in connection with the operation of the Carnival. 3. The sale and consumption of alcoholic beverages are subject to regulations of the State of Florida Department of Regulations, Division of Alcoholic Beverages and Tobacco. 4. The sale and consumption of alcoholic beverages shall take place during the operation of the Saint Malachy Catholic Church Annual Carnival event beginning Friday, November 7, 2014 through Sunday, November 9, 2014. The sale and consumption of alcoholic beverages shall not be permitted between 2:00 a.m. and 8:00 a.m. on Friday and Saturday and between the hours of 2:01 a.m. and 12:00 noon on Sunday; as per Section 3-4 of the City of Tamarac Code of Ordinances. 5. The Saint Malachy Catholic Church Annual Carnival event hours of operation shall be Thursday, November 6, 2014 from 5:00 p.m. to 11:00 p.m.; Friday, November 7, 2014 from 5:00 p.m. to 11:00 p.m.; Saturday, November 8, 2014 from 12:00 noon to 11:00 p.m.; and Sunday, November 9, 2014 from Temp. Reso. No.12562 October 8, 2014 Page 4 12:00 p.m. to 10:00 p.m. No loud amusement rides, noise, music or voices, that disturb the peace and quiet of the residents or surrounding businesses, will be permitted between the hours of 10:00 p.m. and 8:00 a.m. per Sections 9-90 and 9-91 of the City of Tamarac Code of Ordinances. 6. Clean-up of the Saint Malachy Catholic Church property is to be provided by the Saint Malachy Catholic Church and Midwest Midways Inc., and shall be continuous during the operation of the carnival beginning Thursday, November 6, 2014, and ending Sunday, November 9, 2014. 7. The hours of operation for the carnival shall not be conducted between the hours of 11:00 p.m. and 8:00 a.m. during the set up, operation of the carnival and dismantling of equipment, whereby noise emitting therefrom shall disturb the peace and quiet of inhabitants or occupants of any occupied building or residential community. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. No.12562 October 8, 2014 Page 5 PASSED, ADOPTED AND APPROVED this AR'RY DRESSLER, MAYOR ATTEST: PATRICIA TEUF:E CITY CLERK CMC RECORD OF COMMISSION VOTE: MAYOR DRESSLER t4z-101-9 DIST 1: COMM. BUSHNELL�_ DIST 2: VICE MAYOR GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM lvl.,w4 UEL S. GO E CITY ATTORNEY , 2014.