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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-004Temp. Reso. No. 12294 January 9, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- ,; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING APPROVAL OF A SPECIAL EXTENDED HOURS PERMIT, REQUESTED BY GEORGE W. WERDEN, REPRESENTATIVE OF APPLEBEE'S NEIGHBORHOOD GRILL & BAR IN THE WASHINGTON MUTUAL PLAZA, LOCATED AT 6005 NORTH UNIVERSITY DRIVE, TO EXTEND THE HOURS OF THE ON -PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON SUNDAYS, BEGINNING AT 11:00 A.M. (CASE NO. 26-MI-12); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida, has found that neighboring cities have legislated extended hours for the on -premise sale and consumption of alcoholic beverages; and WHEREAS, Section 3-5 of the Code of Ordinances of the City of Tamarac, Florida (the "Code"), provides for the granting of a Special Extended Hours Permit for the on - premise sale and consumption of alcoholic beverages, and conditions for City Commission approval; and WHEREAS, on February 24, 2010, the City Commission of the City of Tamarac, Florida (the "City Commission") approved Resolution No. R-2010-21, granting a Special Extended Hours Permit to extend the on -premise sale and consumption of alcoholic beverages on Sundays, beginning at 11:00 a.m. for the Applebee's Neighborhood Grill & Bar in Washington Mutual Plaza, located at 6005 North University Drive ("Applebee's Temp. Reso. No. 12294 January 9, 2013 Page 2 Neighborhood Grill & Bar) for a three (3) year period; and WHEREAS, the Special Extended Hours Permit approved by Resolution No. R- 2010-21 is set to expire on February 24, 2013; and WHEREAS, George W. Werden, representative of Applebee's Neighborhood Grill & Bar (the "Applicant"), submitted an application on December 13, 2012 for a Special Extended Hours Permit pursuant to Section 3-5 of the Code to extend the on -premise sale and consumption of alcoholic beverages on Sundays, beginning at 11:00 a.m.; and WHEREAS, Staff has reviewed the application and finds that granting approval of this Special Extended Hours Permit is consistent with the Code and would not have an adverse impact to the surrounding area; and WHEREAS, the Director of Community Development recommends approval of the Special Extended Hours Permit for the on -premise sale and consumption of alcoholic beverages at 11:00 a.m. on Sundays at the Applebee's Neighborhood Grill & Bar; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to grant approval of the Special Extended Hours Permit, requested by Applicant, representing Applebee's Neighborhood Grill & Bar to extend the hours of the on -premise sale and consumption of alcoholic beverages beginning at 11:00a.m. on Sundays pursuant to Section 3-5 of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. No. 12294 January 9, 2013 Page 3 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. Section 2. Granting of approval for this Special Extended Hours Permit is contingent upon the City of Tamarac receiving a current State of Florida Department of Business Regulation Division of Alcoholic Beverages and Tobacco License. Section 3. The Special Extended Hours Permit for the on -premise sale and consumption of alcoholic beverages is approved for the following extended hours and conditions: 1. The hours of sale and consumption may be extended to 11:00 a.m. 2. The Special Extended Hours Permit is valid for a three (3) year period and must be considered for renewal by the City Commission thereafter. 3. The Special Extended Hours Permit is not transferable to any other party without approval of the City Commission of the City of Tamarac, Florida. 4. Section 4. All resolutions or part of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. 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 Temp. Reso. No. 12294 January 9, 2013 Page 4 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this �� day of QX-*4" 12013. BETH TALABISCO, MAY ATTEST: Ltz PATRICIA TEUFE CMC INTERIM CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHN L DIST 2: COMM. ATKINS-GR DIST 3: COMM. GLASSER DIST 4: V/M DRESSLER I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY