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HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-040Temp. Reso. # 13416 May 27, 2020 Page 1 of 5 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 Page 2 of 5 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 Page 3of5 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. Temp. Reso. # 13416 May 27, 2020 Page 4 of 5 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 Page 5 of 5 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