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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-033Temp Reso #11151 - March 7, 2007 Page 1 Revision #1 - March 22, 2007 Revision #2 - March 22, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING APPROVAL OF THE SPECIAL EXTENDED HOURS PERMIT, REQUESTED BY JACQUELINE S. BROWN, REPRESENTING APPLEBEE'S NEIGHBORHOOD GRILL & BAR, TO EXTEND THE HOURS OF THE ON -PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND TO OPEN FOR BUSINESS AT 11:00 A.M. ON SUNDAYS, PURSUANT TO THE CITY OF TAMARAC ORDINANCE NO.0-85- 38, FOR THE APPLEBEE'S NEIGHBORHOOD GRILL & BAR, LOCATED IN THE WASHINGTON MUTUAL PLAZA AT 6005 NORTH UNIVERSITY DRIVE (CASE NO. 2-MI-07); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida, has found that neighboring cities have legislated extended hours for the on -premise sale and consumption of alcoholic beverages; and WHEREAS, the City of Tamarac Code of Ordinance No. 0-85-38 provides for the granting of a Special Extended Hours Permit for the on -premise sale and consumption of alcoholic beverages and establishes a Special Extended Hours Permit fee and all conditions for City Commission approval; and 1 Temp Reso #11151 - March 7, 2007 Page 2 Revision #1 - March 22, 2007 Revision #2 - March 22, 2007 WHEREAS, on January 18, 2007 Jacqueline S. Brown, representing Applebee's Neighborhood Grill & Bar requested a Special Extended Hours Permit to extend the hours of the on -premise sale and consumption of alcoholic beverages and to open for business at 11:00 a.m. on Sundays (attached hereto as Exhibit 1 "); and WHEREAS, the Director of Community Development recommends approval of the Special Extended Hours Permit for the on -premise sale and consumption of alcoholic beverages and to open for business at 11:00 a.m. on Sundays for Applebee's Neighborhood Grill & Bar; 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 grant approval of the Special Extended Hours Permit, requested by Jacqueline S. Brown, representing Applebee's Neighborhood Grill & Bar, to extend the hours of the on -premise sale and consumption of alcoholic beverages and to open for business at 11:00 a.m. on Sundays, pursuant tv the City of Tamarac Ordinance No. 0-85-38, for Applebee's Neighborhood Grill & Bar located in the Washington Mutual Plaza at 6005 North University Drive. 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. 1 Temp Reso #11151 - March 7, 2007 Page 3 Revision #1 - March 22, 2007 Revision #2 - March 22, 2007 SECTION 2: That the granting of approval for Applebee's Neighborhood Grill & Bar located in the Washington Mutual Plaza at 6005 North University Drive, to extend the hours of on -premise sale and consumption of alcoholic beverages and to open for business at 11:00 a.m. on Sundays is contingent upon the City of Tamarac receiving a current State of Florida Department of Business Regulation Division of Alcoholic Beverages and Tobacco License (attached hereto as Exhibit "2") SECTION 3: That proper insurance coverage is provided to the City of Tamarac in connection with the Special Extended Hours Permit for the on -premise sale and consumption of alcoholic beverages and to open for business at 11:00 a.m. on Sundays (attached hereto as Exhibit "3" ). SECTION 4: That pursuant to the City of Tamarac Ordinance No. 0-85-38, approval of the Special Extended Hours Permit for the on -premise sale and consumption of alcoholic beverages is approved for the following extended hours and conditions: 1. On Sunday, the hours of sale may be extended to 11:00 a.m. (i.e., one (1) hour earlier than the standard 12:00 noon opening); 2. The Special Extended Hours Permit is for a three (3) year period only and must be renewed every three (3) years by City Commission approval; 3. The Special Extended Hours Permit is not transferable to any other party without approval of the City Commission of the City of Tamarac, Florida. Temp Reso #11151 — March 7, 2007 Page 4 Revision #1 — March 22, 2007 Revision #2 -- March 22, 2007 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this4h day of MC'rCh , 2007. FoR BETH FLANSBAUM-TALABIS MAYOR ATTEST: t RECORD OF COMMISSION VOTE: I. MARION SWENS N, MC l MAYOR FLANSBAUM-TALABISCO �i �i �1 k CITY CLERK DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 'V tF/11/#/ JAlinj o' SAMUEL S. G N CITY ATTO EY J. Christopher King Director of :omrnunity Development City of Tamarac "Cor7nmitted to Excellence... Always" Exhibit "1" CITY OF TAMARAC COMMUNITY DEVELOPMENT DEPARTMENT OCCUPATIONAL_ LICENSE DIVISION SPECIAL EXTENDED HOURS PERMIT NEW - RENEWAL DATE SUBMITTED: 1/18/07 THREE (3) YEAR TERM: OWNERS NAME: CJ Apple II, Inc. d/b/a Applebee's Neighborhood Grill & Bar D7krTEflP--BtRfl-i- N/A c.�.,#: FEIN:59-3177528 HOME ADDRESS- c/o Hodgson Russ LLP, 1801 N. Military Trail, Suite 200 CITY: Boca Raton STATE: Florida 33431 HOME PHONE NO.- N/A BUSINESS NO: 561-862-4194 CITY OCCUPATIONAL LICENSE NUMBER: 07-00007557 / Business #5256 BUSINESS NAME: Applebee's Neiqhborhood Grill & Bar BUSINESS ADDRESS. 6005 N. University Drive, Tamarac, FL 33321 SPECIAL EXTENDED HOURS PERMIT FEE DUE: 6Q7.80 DATE PAYMENT RECEIVED: 1/18/07 CHECK NO: 00131859 AMOUNT OF PAYMENT RECEIVED- $607.80 APPLICANT TO FURNISH COPIES OF THE FOLLOWING DOCUMENTS WITH APPLICATION: • STATE LIQUOR LICENSE • FTADRIVERS LICENSE • CERTIFICATE OF LIABILITY INSIJRANCE • ARTICLES OF FNTCORPORATION DATE APPROVED BY CITY COMMISSION: Planning and Zoning (954) 724-;294 rEconomic Development (954) 724- 1285 ROccUPC tionOl LicenSe (954) 724-1280 7-525 N.W- 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-1292 ■ Fax (954) 724-2453 re www.tamaroc.org Fwoa Opporiunily Employer Jncqueline S. Di -own Paralegal Direct Dial: 561-862,4194 Direct Facsimile: 561.210.0805 �scGrown�7xo�fgso�u•uss. com --- T Hod(;QonRussLLP VIA FFDF,RAL EXPRESS Judy Yacobellis Senior Occupational License Specialist City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Dear Judy: Exhibit" 1 " January 17, 2007 Re: Applebee's Neighborhood Grill & Bar 6005 N. University Drive, Tamarac, FL 33321 Special Permit for Extended Hours Temp Reso 11151 Enclosed please find the original Application for New Special Extended Hours Permit for the above -referenced facility, along with a check in the sum of $607.80 and copies of the Occupational License, State Liquor License, Driver's License, Certificate of Liability Insurance, and Articles of Incorporation. Also enclosed is a copy of my letter to you dated October 25, 2006 which provides an explanation of the type of extension our client is attempting to obtain through this application. Please contact me upon receipt of this correspondence and its enclosures so that we. may discuss this matter in further detail. J SB Enclosures 0437WODOH FLADOCS 31:235v1 �J ' L-_-.� -i T 1601 Jvnrlh Bran Tioil S✓ire iD0 • Boca Koran, Telephone. `6J- 9�-DSDO Fa�sim>le. S6I-394.3B6 flham Bujf�la In inTrnNr - Nen Yark • Tnranrp - www.hodgsonniss.com f91?eglrreredLimirrdLiabilrrJPar�nerrhipintlud.%r.� Profers�anv],fsrnciariortr 0 Jacqueline S. Campos Paralegal Direct Dial' 561.862.4194 Direct Facsimile: 561.210,0805 jcumpos�afhodgsonruss. com Judy Yacobellis Senior Occupational License Specialist City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 - Dear Judy: Exhibit" 1 " October 24, 2006 Re: Applebee's Neighborhood Grill & Bar 6005 N. University Drive, Tamarac, FL 33321 Special Permit for Extended Hours HodasTt�1�RussLLP x�• As you know, this law firm represents an investment company opening up an Applebee's franchise in the City of Tamarac, and we are in the process of obtaining a state liquor license on their behalf. I contacted you back on August 14, 2006 to inquire as to whether the City of Tamarac has any special requirements or restrictions concerning alcohol sales during the restaurant's nonnal hours of operation: 11:00 a.rn. to 12:00 a.m. Monday through Thursday 1.1:00 a.m. to 1:00 a.m. Friday and Saturday 11:00 a.m. to 11:00 p.m. on Sunday At that time, you advised that Section 3-2 of the City's Code of Ordinances prohibits the sale and consumption of alcohol on the premises before noon on. Sundays, and advised by fax that an extended hours pen -nit would not extend Sunday hours, as it pertains to special holidays and weekdays only. However, after review of the Code, it appears that a special permit issued in connection with Section 3-5 of the Code would allow for a one hour extension for sales on Sunday. Section 3-5 states that "a special permit may be granted to a vendor of alcoholic beverages allowing the vendor to sell and serve alcoholic beverages for consumption on premises only during any and all of the following extended hours:...". Section 3-5(a)(1) goes on to define the extended hours as "Every day, including Sunday, the hours of sale may be extended... one (1) hour earlier than the standard.._". It appears that under Section 3-5 of the Code, there is a possibility that Applebee's could be granted a one hour- extension to serve alcohol on Sunday. Please confirm that our application for special extended hours permit will be added the agenda for the upcoming hearing. Best regards, G Jacqueline S, Campos 7/27i/ • Sriile I00 • Soca Rclan, Flondn J61-394-3N61 AlhrnY • _81i,falo . Jnhn.r/orin.• Meuo 7ak • Truvnlo • www-hodgsonruss.cem A Re,,islered Liin;led ZIabilir far :rhih inc%dirao f' cJe.r.riona! r1.r.ror ialinrz.r s i I a v a 1 ,qv a cz X n _ ..,.CL a ....i [o '4 m10 " y ■ a m "J A, u' Tcnz �•: om Q r< O to C + ru 1 t f w © S � 1 W Mj w r p{ F 1 1 i � a IT1 u I j a c "r Security Features Included .,.:p�ta�ls vn back :1 w � C o 0 .i T m ro C cpn r(n � n m 3 n o O � n• n O G 0 {il C _ O VI C7 V O CD lJ1 � (D N N ram-. I � C j a 7 � ro T N 77 a o 0) rD 6 7 O Q' o n 4r m o v m 0 F 0:) l.n C � ro n rn C) a 77 a CID CD N 0 Ln ,F C DIV OF ALCOHOLIC BEVERAGES & TOBACCO a 1940 N MONROE ST TALLAHASSEE FL 323,E-07>33 (850) 488-8288 Temp Reso 11151 Exhibit"2" CJ APPLE II INC APPLEBEES NEIGHBORHOOD GRILL & BAR 741 CENTRE VIEW BLVD CRESTVIEW HILLS KY 41017 SIMONE MARSTILLE JEB BUSH - SECRETARY,'. Y LAW GOVERNOR', DISPLAY AS REQUIRED 8 Exhibit"2" Al 6-01 HAL 0 — 0 [)RIVER, S' LICENSi S95-520-841 02 07 2001 SWN' YOLUM C. 112 WATCH HILL LAME NE~,Ky 41 CAVULL COIJM% I A- CDL 6.0 ftll D" 11 Class: 0 - OpE$kATOP Endotsom*nW MOrm C:C)L4R&gtjc7o*nc NonO DL-K#zb-icbong: No" Pr ' Exhibit "3" Temp Reso 11151 A CERTIFICATE DATE (MM/DD/YY) OF. INSURANCE . .coRoT M LIABILITY 10/30/06 PRODUCER 513-333-0909 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 1014 Vine Street, Suite 1100 COMPANIES AFFORDING COVERAGE Cincinnati, OH 45202-1195 COMPANY A Federal insurance Co. IN$URED Apple Sauce, Inc, COMPANY B COMPANY 741 Centre View Blvd-Ste100 G Crestview Hills KY 41017 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YV) LIMITS A GENERAL LIABILITY 35757690 1 1/01106 1 1101 /07 AGGREGATE a 2000000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 'x S - COMP/OP AGG $ 2000OQQ L 6 ADV INJURY s 1000000 URRENCE OEA s 100D000 OWNER'S & CONTRACTOR'SPROT 11/01/06 11/01/07 X AGE (Any one fire) i 1 OQOQQO LIQUOR LIABILITY Any one person) s 10000 A 00moBILE LIABILITY 735091008 ANY AUTO 1 1 /01 /O6 1 1 /01 /07 COMBINED SINGLE LIMIT $ 1000000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ IPer person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS IPar accident) PROPERTY DAMAGE < GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: . ' .. EACH ACCIDENT s AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE 6 UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S A WORKERS COMPENSATION AND 71707577 11 /01 /06 1 1 /01 /07 }( WC STATU- OTH- EMPLOYERS' LIABILITY . T RV IMIT R EL EACH ACCIDENT 6 1000000 THE PROPRIETOR! PARTNERS/EXECUTIVE INCL EL pISEASE -POLICY LIMIT 9 10D0000 OFFICERS ARE:F1 EXCL _ _ _ EL DISEASE - EA EMPLOYEE $ 1 000000 OTHER IESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE; LEASED SPACE AT 6005 UNIVERSITY DRIVE, TAMARAC, FL 33321 BOCA WAREHOUSING, INC., ALPHA TAMARAC, LLC C/O BUTTERS CONSTRUCTION COMPANY ARE NAMED AS ADDTIONAL INSURED WITH RESPECT TO THE ABOVE LEASED PREMISES. ER71FaCATE HOLDER CANCELLATION BOCA WAREHOUSING, INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL I ALPHA TAMARAC, LLC 30 DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6520 LYONS TECHNOLOGY CIRCLE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY COCONUT CREEK, FL 33073 OF ANY AND UPON/T4 C4UPANY, ITS AGENTS OR REPRESENTATIVES. AUT PIRES E ORD:2$ S (1/96) Is- 35I 1 fd:kCDRO CORPORATION 19B$ Applebee's Neighborhood Grill & Bar CASE NO. 2-MI-07 - TEMP RESO #11151 N.W. 61st Street I;Y01 S-1 M. 200 0 200 Feet CITY COMMISSION March 28 2007 Special Extended Hours Permit Site 1-1 N.W. 61s B-2 c B-2 ❑ I _77 --- - - ------- i F Tq City of Tamarac Jennifer 9ramley Director Community Development Department 7525 N.W. 88th Ave . Tamarac . Florida 33321-2401 Telephone: elephone (954) 597.3530