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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