HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-141Temp Reso # 11699
October 5, 2009
1
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- I'll
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO GRANT A WAIVER OF FEES IN
THE AMOUNT OF $1,558.90 AND EXTEND THE
HOURS OF OPERATION TO 11:00 P.M. ON
THURSDAY, NOVEMBER 5, 2009, AND TO 11:00
P.M. ON FRIDAY, NOVEMBER 6, 2009, AND
SATURDAY, NOVEMBER 7, 2009, AND
APPROVE THE SALE OF ALCOHOLIC
BEVERAGES FOR THE SAINT MALACHY
CATHOLIC CHURCH CARNIVAL, LOCATED AT
THE NORTHEAST CORNER OF NW 61 sT
STREET AND UNIVERSITY DRIVE, DURING
THE OPERATION OF THE SAINT MALACHY
CATHOLIC CHURCH ANNUAL CARNIVAL
BEGINNING THURSDAY, NOVEMBER 5, 2009
AND ENDING SUNDAY, NOVEMBER 8, 2009
CASE NO. 25-MI-09; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Saint Malachy Catholic Church is a non-profit organization which
annually conducts a carnival to benefit the Saint Malachy Catholic Church, Saint Malachy
Catholic School and other worthy causes; and
WHEREAS, the City of Tamarac has received a request from Mary Ann Lynch of the
2009 Carnival Committee for the Saint Malachy Catholic Church, requesting a waiver of
fees and permission to sell/serve alcoholic beverages during the operation of the Saint
Malachy Catholic Church Annual Carnival beginning Thursday, November 5, 2009 and
ending Sunday, November 8, 2009; and
WHEREAS, the Director of Community Development, the Fire Chief and the Building
Temp Reso # 11699
October 5, 2009
Page 2
Official recommend approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to grant a waiver of fees in the amount of $1,558.90 and extend
the hours of operation to 11:00 p.m. on Thursday, November 5, 2009, and to 11:00 p.m. on
Friday, November 6, 2009, and Saturday, November 7, 2009, and approve the sale of
alcoholic beverages for the Saint Malachy Catholic Church, located at the northeast corner
of NW 61 st Street and University Drive, during the operation of the Saint Malachy Catholic
Church Annual Carnival beginning Thursday, November 5, 2009 and ending Sunday,
November 8, 2009.
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.
SECTION 2: That the appropriate City Officials of the City Commission of the
City of Tamarac grant a waiver of fees in the amount of $1,558.90 to the Saint Malachy
Catholic Church located at the northeast corner of NW 61 st Street and University Drive to
conduct their annual carnival and approve the sale of alcoholic beverages during the
operation of the Saint Malachy Catholic Church Annual Carnival beginning Thursday,
November 5, 2009 and ending Sunday, November 8, 2009 subject to the following
conditions:
Temp Reso # 11699
October 5, 2009
1
Page 3
1. That all appropriate permits, inspections and licenses in the operation of the
carnival be obtained, and that all applicable license fees be waived, but the
waiving of these fees shall not eliminate the requirement to have regulatory
agency inspections.
2. That proper insurance coverage be provided to the City of Tamarac in
connection with the operation of the Carnival.
3. That the selling of alcoholic beverages is subject to regulations of the State
of Florida Department of Regulations, Division of Alcoholic Beverages and
Tobacco.
4. That the sale of alcoholic beverages shall take place during the operation of
the Saint Malachy Catholic Church Annual Carnival event beginning
Thursday, November 5, 2009 through Sunday, November 8, 2009. The sale
and consumption of alcoholic beverages is not permitted between the hours
of 2:01 a.m. and 12 noon on Sunday; and between the hours of 2:00 a.m.
and 8:00 a.m. on Thursday, Friday and Saturday as per Section 3-2 and 3-4
of the City of Tamarac Code of Ordinances.
5. That the Saint Malachy Catholic Church Annual Carnival event hours of
operation shall be from Thursday, November 5t" from 5:00 p.m. to 11:00
p.m.; Friday, November 6t" from 5:00 p.m. to 11 p.m.; Saturday, November
7t" from 12:00 noon to 11:00 p.m.; and Sunday, November 8t" from 1:30
p.m. to 10:00 p.m. No loud amusement rides, noise, music or voices, that
Temp Reso # 11699
October 5, 2009
Page 4
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. That clean-up of the Saint Malachy Catholic Church property is to be
provided by the Saint Malachy Catholic Church and Midwest Midways and
shall be continuous during the operation of the carnival beginning Thursday,
November 5t" ,2009, and ending Sunday, November 8th,2009.
7. That 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 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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 5: This Resolution shall become effective immediately upon its
passage and adoption.
Temp Reso # 11699
October 5, 2009
1
1
1
PASSED, ADOPTED AND APPROVED this
ATTEST:
ry, MARION SWEN ON, rMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
�MUEL S. GOREN
CITY ATTORNEY
Page 5
Pday of,'�-' , 2009.
BETH FLANSB UM -TA ABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL L�__
DIST 2: VM ATKINS-GRAD -
DIST 3: COMM GLASSER t
DIST 4: COMM. DRESSLER