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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-148Temp Reso 11483 September 24, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- 1' k 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 6, 2008, AND TO 11:00 P.M. ON FRIDAY, NOVEMBER 7, 2008, AND SATURDAY, NOVEMBER 8, 2008, AND APPROVE THE SALE OF ALCOHOLIC BEVERAGES FOR THE SAINT MALACHY CATHOLIC CHURCH CARNIVAL, LOCATED AT THE NORTHEAST CORNER OF NW 615T STREET AND UNIVERSITY DRIVE, DURING THE OPERATION OF THE SAINT MALACHY CATHOLIC CHURCH ANNUAL CARNIVAL BEGINNING THURSDAY, NOVEMBER 6, 2008 AND ENDING SUNDAY, NOVEMBER 9, 2008 (CASE NO. 16-MI-08); 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 2008 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 6, 2008 and ending Sunday, November 9, 2008 (attached hereto as Exhibit "1 "); and WHEREAS, the Director of Community Development, the Fire Chief and the Building Official recommend approval; and Temp Reso 11483 September 24, 2008 Page 2 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 6, 2008, and to 11:00 p.m. on Friday, November 7, 2008, and Saturday, November 8, 2008, and approve the sale of alcoholic beverages for the Saint Malachy Catholic Church, located at the northeast corner of NW 615t Street and University Drive, during the operation of the Saint Malachy Catholic Church Annual Carnival beginning Thursday, November 6, 2008 and ending Sunday, November 9, 2008. 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 6, 2008 and ending Sunday, November 9, 2008 subject to the following conditions: Temp Reso 11483 September 24, 2008 Page 3 1. That all appropriate permits, inspections and licenses i� 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 6, 2008 through Sunday, November 9, 2008. 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 6 from 5:00 p.m. to 11:00 p.m.; Friday, November 7th from 5:00 p.m. to 11 p.m.; Saturday, November 8th from 12:00 noon to 11:00 p.m.; and Sunday, November gth from 1:30 p.m. to 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. Temp Reso 11483 September 24, 2008 Page 4 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 6, 2008 and ending Sunday, November 9, 2008, 7. That the hours of operation for the carnival shall not be conducted between the hours of 10:00 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. 1 r- C PASSED, ADOPTED AND APPROVED this ATTEST:. r MARION SWENSON, CMC CITY CLERK 1 HEREBY CERTIFY that I have approved this RESOLUTION as to form. kMUEL S. GOREN CITY ATTORNEY Temp Reso 11483 September 24, 2008 Page 5 ��� day of , 2008. RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO-- DIST 1: COMM PORTNER � DIST 2: COMM ATKINS-GRAD DIST 3: VIM SULTANOF DIST 4: COMM. DRESSLER ST. ,V�,LACRY CATHOLIC CHUT,1C'6 TA6 1,R,A0. FLORIOAa 33321 PHONE 72r-- ??37 September 10, 2008 Mr. Jeffrey Miller, City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, F133321-2401 Dear Mr. Miller; We will be having our annual carnival at St. Malachy Catholic Church in November. The dates and times will be: Thursday, November 6 Friday, November 7 Saturday, November 8 Sunday, November 9 5:00 p.m. — 11:00 p.m. 5:00 P.M. — 11:00 P.M. noon - 11:00 P.M. 1:30 p.m. — 10:00 p.m. As usual, this will take place on our parish grounds at 6200 N. University Dr. in Tamarac. Midwest Midways will be providing the rides. We would like to request permission to sell/serve alcoholic beverages at this event. In addition, we are requesting a waiver of license and/or permit fees as we have in the past, If you reed any more information, please contact me at 954-722-2348. 'Thank you. very much for your consideration in this matter. Sincerely, .74q Mary Ann yynch 2007 Carnival Committee cc: Judy Yacobellis, Occupational License Division