HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-115Temp. Reso. No.12253
October 10, 2012
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012- //c6o_
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 $1,558.90, TO EXTEND THE HOURS OF OPERATION
TO 11:00 P.M. ON THURSDAY, NOVEMBER 1, 2012
THROUGH SATURDAY, NOVEMBER 3, 2012; AND TO
PERMIT THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES ON PREMISE ON FRIDAY, NOVEMBER 2,
2012 THROUGH SUNDAY, NOVEMBER 4,2012 FOR THE
SAINT MALACHY CATHOLIC CHURCH ANNUAL CARNIVAL,
LOCATED AT 6200 JOHN HORRACE TERRACE,
BEGINNING ON THURSDAY, NOVEMBER 1, 2012 AND
ENDING ON SUNDAY, NOVEMBER 4, 2012; 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 from Thursday,
November 1, 2012 through Sunday, November 4, 2012 (the "Carnival"); 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 had received a request from the Church requesting a waiver of
Business Revenue Licensing fees in the amount of $1,558.90 to conduct its annual
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
Temp. Reso. No.12253
October 10, 2012
Page 2
p.m. of each day; and
WHEREAS, the City had also received a request from the Church to extend the
hours of operation on Thursday, November 1, 2012 through Saturday, November 3, 2012
to 11:00 p.m.; and
WHEREAS, the Church had also requested permission to sell and consume
alcoholic beverages on premise on Friday, November 2, 2012 through Sunday, November
41 2012; and
WHEREAS, the Director of Community Development, the Building Official, and the
Fire and Police Chiefs have recommended approval of the Carnival; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems the
Carnival to be in the best interests of the residents of the City.
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 1, 2012 and ending on Sunday, November 4, 2012.
SECTION 3: The hours of operation for the Carnival shall be extended to 11:00 p.m.
on Thursday, November 1, 2012 through Saturday, November 3, 2012.
Temp. Reso. No.12253
October 10, 2012
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SECTION 4: The Carnival shall be granted permission to sell and consume alcoholic
beverages on premise on Friday, November 2, 2012 through Sunday, November 4, 2012.
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 2, 2012 through Sunday, November 4, 2012.
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 1, 2012 from 5:00 p.m. to 11:00 p.m.; Friday,
November 2nd from 5:00 p.m. to 11:00 p.m.; Saturday, November 3rd from
12:00 noon to 11:00 p.m.; and Sunday, November 4th from 12:00 p.m. to
Temp. Reso. No.12253
October 10, 2012
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10:00 p.m. No to-ud 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 1,
2012,
and
ending Sunday, November
4, 2012.
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.
PASSED, ADOPTED AND APPROVED this
ATTEST:
`CITY CLERK
RM. CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
eAMUEL S. GOREN
ITY ATTORNEY
Temp. Reso. No.12253
October 10, 2012
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02 day of S&"koo
BETH TALABISCO,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO t4td,-,p
DIST 1: COMM. BUSHNEL
DIST 2: COMM GOMEZ t4f&--o
DIST 3: VM GLASSER
DIST 4: COMM. DRESSL�
, 2012.
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