HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-108Temp. Reso. No.12400
September 25, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013- / y
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO GRANT A WAIVER
OF BUSINESS REVENUE LICENSING FEES IN THE
AMOUNT OF $17558.907 TO EXTEND THE HOURS OF
OPERATION TO 11:00 P.M. ON THURSDAY,
NOVEMBER 7, 2013 THROUGH SATURDAY,
NOVEMBER 9, 2013; AND TO PERMIT THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON
PREMISE ON FRIDAY, NOVEMBER 7, 2013 THROUGH
SUNDAY, NOVEMBER 10, 2013 FOR THE SAINT
MALACHY CATHOLIC CHURCH ANNUAL CARNIVAL,
LOCATED AT 6200 JOHN HORRACE TERRACE,
BEGINNING ON THURSDAY, NOVEMBER 7, 2013 AND
ENDING ON SUNDAY, NOVEMBER 10, 2013;
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 7, 2013 through Sunday, November 10, 2013; 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.12400
September 25, 2013
Page 2
WHEREAS, the City had also received a request from the Church to extend the
hours of operation on Thursday, November 7, 2013 through Saturday, November 9, 2013
to 11:00 p.m.; and
WHEREAS, the Church had also requested permission to sell and consume
alcoholic beverages on premise only on Friday, November 8, 2013 through Sunday,
November 10, 2013; and
WHEREAS, the Interim 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 L 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 7, 2013 and ending on Sunday, November 10, 2013.
Temp. Reso. No.12400
September 25, 2013
Page 3
SECTION 3: The hours of operation for the Carnival shall be extended to 11:00 p.m.
on Thursday, November 7, 2013 through Saturday, November 9, 2013.
SECTION 4: The Carnival shall be granted permission to sell and consume alcoholic
beverages on premise on Friday, November 8, 2013 through Sunday, November 10, 2013.
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 8, 2013 through Sunday, November 10, 2013.
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 7th, 2013 from 5:00 p.m. to 11:00 p.m.; Friday,
November 8th from 5:00 p.m. to 11:00 p.m.; Saturday, November 9th from
12:00 noon to 11:00 p.m.; and Sunday, November 10th from 12:00 p.m. to
Temp. Reso. No.12400
September 25, 2013
Page 4
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 7, 2013,
and
ending Sunday, November
10, 2013.
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 T 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.12400
September 25, 2013
Page 5
PASSED, ADOPTED AND APPROVED -this 9"9 day of z�
MAYOR
ATTEST:
PATRICIA TEUFEL
CITY CLERK '
MC
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
- dj-
DIST 1: COMM. BUSHNELL C
DIST 2: COMM. GOMEZ tf,,Z'�
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER 1�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
, 2013.