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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-174Temp Reso #11309 October 8, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- 17V 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 $1,485.25 AND EXTEND THE HOURS OF OPERATION TO 11:00 P.M. ON THURSDAY, NOVEMBER 8, 2007, AND TO 11:00 P.M. ON FRIDAY, NOVEMBER 9, 2007, AND SATURDAY, NOVEMBER 10, 2007, AND APPROVE THE SALE OF ALCOHOLIC BEVERAGES FOR THE SAINT MALACHY CATHOLIC CHURCH CARNIVAL, LOCATED AT THE NORTHEAST CORNER OF NW 61ST STREET AND UNIVERSITY DRIVE, DURING THE OPERATION OF THE SAINT MALACHY CATHOLIC CHURCH ANNUAL CARNIVAL BEGINNING THURSDAY, NOVEMBER 8, 2007 AND ENDING SUNDAY, NOVEMBER 11, 2007 (CASE NO. 18-MI-07); 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 2007 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 8, 2007 and ending Sunday, November 11, 2007 (attached hereto as Exhibit "'I"); and WHEREAS, the Director of Community Development, the Fire Chief and the Building Official recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the Temp Reso #11309 October 8, 2007 Page 2 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 $1,486.25 and extend the hours of operation to 11:00 p.m. on Thursday, November 8, 2007, and to 11:00 p.m. on Friday, November 9, 2007, and Saturday, November 10, 2007, and approve the sale of alcoholic beverages for the Saint Malachy Catholic Church, located at the northeast corner of NW 61't Street and University Drive, during the operation of the Saint Malachy Catholic Church Annual Carnival beginning Thursday, November 8, 2007 and ending Sunday, November 11, 2007. 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 $1,485.25 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 8, 2007 and ending Sunday, November 11, 2007 subject to the following conditions: 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. I Temp Reso #11309 October 8, 2007 Page 3 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 8, 2007 through Sunday, November 11, 2007. 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 8 from 5:00 p.m. to 11:00 p.m.; Friday, INovember 9t�' from 5:00 p.m. to 11 p.m.; Saturday, November 1 oth from 12:00 noon to 11:00 p.m.; and Sunday, November 11 th 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. perSections 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 8, 2007 and ending Sunday, November 11, 2007. 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 Temp Reso #11309 October 8, 2007 Page 4 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. PASSED, ADOPTED AND APPROVED this o�2/�dayof 0� 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAVfUEL S�' GOREN CITY ATTOF14EY LVA FAY . &J RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3- V/M SULTANOF DIST 4: COMM. DRESSL I I ST. ANIALACHYCATHOLIC CHURCH 6200 -JOHN HORAN TEPAAC�-. TAMARA-C, FLGMDA PHONE 72!� - - I A i, r F October 8, 2007 To Whom It May Concern, Exhibit " 1 " The attached letters are from the residents who reside directly behind St. Malachy Church and school. These residents have been advised that the carnival will take place this year in the school grounds and have agreed whole heartedly. They were advised that the carnival will run from Thursday, November 8, 2007 through Sunday November 11, 2007. They were told that Thursday and Friday the carnival would run from 5:00 pm until 11:00 pm, Saturday from 12:00 noon until 11:00 pm and Sunday from 1:30 pm until 10:00 pm. Any questions, feel free to contact them or myself. Thank you in advance for all your cooperation. Sincerely, A&_� C:�� Mary Lynch Co-Cha-irperson