HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-040Temp. Reso. # 13416
May 27, 2020
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020-_)40
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE SPECIAL EXTENDED HOURS
PERMIT FOR LA TABERNA NIGHTCLUB LOCATED AT 5303 STATE
ROAD 7, TAMARAC, FLORIDA, ALLOWING THE SALES OF ALCOHOLIC
BEVERAGES FOR CONSUMPTION ON -PREMISES ONLY FROM 2.00
A.M. TO 4:00 A.M. THURSDAY, FRIDAY, SATURDAY, AND ON
SUNDAYS BEFORE A HOLIDAY, IN ACCORDANCE WITH SECTION 3-4
OF THE CITY OF TAMARAC CODE OF ORDINANCES ; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City may adjust the times for the service and sale of alcohol
pursuant to Section 562.14, Florida Statute; and
WHEREAS, Broward County and several other municipalities surrounding the City
of Tamarac, Florida have amended the hours during which sale of alcoholic beverages
are permitted; and
WHEREAS, Objective 1, of the Future Land Use Element, in the City's
Comprehensive Plan requires the City to administer and adopt appropriate land
development code revisions, amending them as needed to respond to changing
conditions; and
WHEREAS, businesses located within the City limits have indicated that the City's
prohibition of on -premise consumption, alcoholic beverage sales after 2:00 a.m. have
repeatedly placed them at a competitive disadvantage with nearby businesses and
entertainment venues located outside of the City's jurisdictional boundaries; and
WHEREAS, the City desires to enhance its economic vitality and continue to
contribute to the growth and success of local businesses within the community, and
Temp. Reso. # 13416
May 27, 2020
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WHEREAS, the attraction and retention of businesses are in alignment with the
City's economic development goals and the ability to obtain a "Special Extended Hours
Permit" to provide on premise consumption, of alcoholic beverage sales until 4:00 a.m.
encourages businesses who desire to do so, an opportunity to thrive and grow within their
own City; and
WHEREAS, the City believes neighboring jurisdictions that permit the responsible
sale and consumption of alcohol after 2.00 a.m., are direct competitors to licensed
establishments who sell alcoholic beverages within the City's jurisdictional boundaries
and the City's prohibition concerning sales and service of alcohol after 2:00 a.m. directs
business away from Tamarac and to other licensed establishments located outside of its
municipal boundaries, and
WHEREAS, the Director of Community Development recommends approval of the
resolution and finds that extending the hours of on -premise consumption, alcoholic
beverage sales from 2:00 a.m. to 4:00 a.m. on Thursdays, Fridays, Saturdays, and
Sundays before a holiday for the La Taberna Nightclub located at 5303 State Road 7,
Tamarac, Florida meets the standards outlined in Section 3-4 of the Code and
significantly enhances the City's economic vitality and market competitiveness;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed
as being true and correct, and is made a specific part of this Resolution upon adoption
hereof.
Temp. Reso. # 13416
May 27, 2020
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SECTION 2: The City Commission of the City of Tamarac, Florida hereby
approves the resolution and finds that extending the hours of on -premise consumption,
alcoholic beverage sales from 2:00 a.m. to 4:00 a.m. on Thursdays, Fridays, Saturdays,
and Sundays before a holiday for the La Taberna Nightclub located at 5303 State Road
7, Tamarac, Florida for a period of one year and has found that the standards outlined in
Section 3-4 of the Code have been achieved, as there are no substantially adverse
impact on the surrounding area based on the following criteria;
1. Increased parking demands;
2. Increased law enforcement demands,
3. Increased environmental and aesthetic impact, including generation of noise,
light and odors;
4. Increased adverse effects on existing properties within the immediate
neighborhood;
5. The ability of the establishment's owners or management to minimize the above -
listed effects.
Additionally, the approval is contingent upon the following conditions of approval:
1. The extended hours permit approval is contingent upon the State of Florida
reopening bars and nightclubs in accordance with all City, County or State
guidelines due to the current Covid-19 pandemic.
2. Special Extended Hours Permit is effective for One (1) Year and shall expire
exactly One (1) Year from date of first use.
3. Future Special Extended Hours Permit requires a new application and fee and City
Commission approval.
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May 27, 2020
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SECTION 4: All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
SECTION 5: If any section, sentence, clause, or phrase of this Resolution is held
to be invalid or unconstitutional by any court of competent jurisdiction, then such holding
shall in no way affect the validity of the remaining portions of this resolution.
SECTION 6: This Resolution shall become effective upon its passage and
adoption by the City Commission.
(SIGNATURE PAGE TO FOLLOW)
Temp. Reso. # 13416
May 27, 2020
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, THIS DAY OF M axi , 2020.
ATTEST:
JENNI R JOH S N
CITY CLERK
Ile
MICH LLE J. GOMEZ, OR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
'_L' � ej�'
SAM EL S. GOREN
vl- CITY ATTORNEY