HomeMy WebLinkAboutR-2025-127 ASTF R-OT-005-25 Cooper's Hawk Extended Hours LicenseRESOLUTION NO. 2025-127
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY DANIA LIVE 1748II, LLC AND COOPER’S HAWK, INC., FOR AN EXTENDED HOURS ALCOHOL SALES LICENSE FOR THE RESTAURANT KNOWN AS COOPER’S HAWK, LOCATED AT 1822 POINTE BLVD, DANIA
POINTE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 4, Article II, Section 4-18.1, of the City’s Code of Ordinances,
provides that any place of business operating as a restaurant or restaurant bar in the City which is
duly and regularly licensed by this State to prepare, sell and serve full course meals to the public,
and is duly licensed to sell and dispense alcoholic beverages, wine or beer therein, may apply for
an extended hours license from the City Commission, after receipt of a recommendation by the
Planning & Zoning Board; and
WHEREAS, the Planning & Zoning Board recommended that the City Commission approve
the application for a license which extends alcohol sale hours at its July 16, 2025, meeting; and
WHEREAS, the Planning & Zoning Board took into consideration the following criteria in
recommending approval: (1) the amount of off-street parking in relation to the demands created by
the extra hours of operation, especially with regard to the adverse impact on adjacent residential
areas of any illegal or hazardous parking; (2) the amount and degree of law enforcement activities
generated by the operation of any restaurant or restaurant/ bar, both outside and inside the particular
location, with particular emphasis on vandalism, noise, vehicular use by patrons and illegal activity
of any kind by employees, patrons or other associated with the establishment, and (3) the adverse
effects, if any, that the extended hours of operation will have on neighboring properties, especially
with respect to the effects of noise, parking and glare from headlights or exterior lighting on nearby
residential properties; and
WHEREAS, the City Commission, during the public hearing, may require, as a condition
of the privilege of extending hours of operation, compliance with any reasonable conditions deemed
to be necessary to mitigate or eliminate the adverse effects of such extended hours; and
WHEREAS, these conditions may include, without being limited to, provision by the owner
or operator, at his/her expense, of additional off-street parking, security personnel, and screening
and buffering from nearby properties; and
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WHEREAS, the Commission may also require that the licensed establishments be wholly
enclosed, soundproofed, and air-conditioned, with any windows, doors, or other openings be kept
closed, except for normal and emergency ingress and egress, in order that noise and music
emanating therefrom will not disturb the peace and quiet of the neighborhood; and
WHEREAS, the owner of the application site shall record in the public records of Broward
County, Florida, a covenant running with the land which expressly sets forth any and all conditions
required by the City Commission; and
WHEREAS, the Applicant has provided sufficient justification demonstrating compliance
with the approval criteria to meet the requirements of the Code; and
WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the criteria
and supports the Applicant’s request, and is incorporated by reference herein as the City’s findings
of fact.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing whereas clauses are ratified and confirmed as being true and
correct, and they are made a specific part of this Resolution.
Section 2. That that certain application for an extended hours license (OT-005-25)
submitted by Dania Live 1748II, LLC and Cooper’s Hawk Inc., for Cooper’s Hawk Restaurant
located at 1822 Pointe Blvd, Dania Beach, Florida, a copy of which is attached and made a part of
this Resolution as Exhibit “A,” is approved pursuant to Chapter 4, Article II, Section 4-18.1, of
the City’s Code of Ordinances, and the appropriate City officials are authorized to process the
application.
Section 3. The permission granted by the City Commission pursuant to Section 4-18,
and 4-18.1, of the City’s Code of Ordinances, of a license to sell alcohol in excess of the hours
provided by Section 562.14 of the Florida Statutes (which states “[e]xcept as otherwise provided
by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or
permitted to be served or consumed in any place holding a license under the division between
the hours of midnight and 7 a.m. of the following day”), is terminable at the will of the City
Commission consistent with the requirements delineated in the City Code, as such permission
being in the form of a privilege and not a right.
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Section 4. The owner of the application site shall record in the public records of
Broward County, Florida, a covenant running with the land which expressly sets forth any and all
conditions required by the City Commission.
Section 5. That the associated Community Development, Planning & Zoning Division
Staff Report prepared for the above application(s) is incorporated into this resolution as findings
of fact.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on August 26, 2025.
Motion by Commissioner Ryan second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
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EXHIBIT “A” LEGAL DESCRIPTION
DANIA POINTE 183-91 B POR PAR A AKA DANIA POINTE PHASE II PARCEL IN INSTR# 115247962LESS OFFICE PAR I, II & III INST# 116250560, RES A, B, C LEASE, RES D PAR, LESS REMAINING POR PAR DESC IN SKETCH #14_8058_KCO_PH3 OF SURVEY & LESS REGAL & MARRIOTT DANIA POINTE PARCELS