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06-28-2012 Motion_Special Use Permit - Amici Imports, LLCVILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT TO: Honorable Mayor and Council FROM: Ed Green, Village Manager BY: Chuck Huff, Community Developmen erector Jodi Nentwick, Village Planner DATE: June 28, 2012 SUBJECT: MOTION — Issuance of Special Permit for Establishment of a Similar Use within C -3 Regional Business District (Amici Imports, LLC) The Village Administration received a request for a Special Permit for the establishment of a Similar Use from Lawrence W. Smith, on behalf of Village Shoppes at U.S. 1, LLC (property owner) and Amici Imports LLC (proposed tenant). The request seeks Village Council approval to utilize space within the existing Village Shoppes shopping plaza for a professional office as the primary use with an ancillary use of wine storage and wholesale wine distribution. Amici Imports LLC holds alcoholic beverages licenses as both an importer and wholesaler. The property is located at 107 U.S. Highway One and is within the C -3 Regional Business Zoning District. Staff has reviewed the application for compliance based on the guidelines set forth in Section 45- 16.1 of the Village Code. The proposed use is no more intense than existing uses within the shopping plaza and uses generally permitted within the C -3 Regional Business Zoning District. Consequently, the proposed use is compatible with the existing character of the neighborhood and will not have an adverse impact upon, or interfere with the use of, adjacent properties. Recommendation: The Administration requests Council consideration and approval by Motion of the Application for a Special Use Permit to establish a Similar Use filed by Amici Imports LLC to authorize the operation of a professional office with ancillary wine storage and wholesale wine distribution at 107 U.S. Highway One within the Village Shoppes. M� VILLAGE OF NORTH PALM BEACH ORDER ON APPLICATION FOR SPECIAL USE PERMIT Applicant Location: Legal Description Zoning District Request Amici Imports, LLC 107 U.S. Highway One ( "Premises ") 68- 43- 42- 21 -00- 001 -0010 21- 42 -43, SLY 535.15 FT OF WLY 703.73 FT OF GOV LT 1 LYG N OF & ADJ TO PALMETTO RD & W OF & ADJ TO STATE ROAD 5 C -3 Regional Business District Special Use Permit for a Similar Use to operate a professional office use with ancillary wine storage and wholesale wine distribution. This matter came before the Village Council for public hearing on June 28, 2012. Upon consideration of the application materials, the recommendation of the Community Development Director and the statements presented by the Applicant, members of the public and other interested persons during the course of the public hearing, the Village Council hereby finds as follows: The Applicant's request satisfies the criteria and requirements set forth in Section 45 -16.1 of the Village Code of Ordinances for the grant of a special use permit for the establishment of similar use within the C -3 Regional Business District. Based on the foregoing, it is hereby ORDERED by the Village Council that: 1. The Applicant's request to utilize the Premises for a professional office with ancillary wine storage and wholesale wine distribution is GRANTED subject to the following condition: The Applicant shall secure and maintain at all times a valid Business Tax Receipt issued by the Village of North Palm Beach. 2. Should the Applicant fail to meet the condition outlined above, the Community Development Director may revoke this Special Use Permit in accordance with the provisions of Section 45- 16.1(f) of the Village Code of Ordinances DONE AND ORDERED this ATTEST: Melissa Teal, Village Clerk day of June, 2012. VILLAGE OF NORTH PALM BEACH M. David B. Norris, Mayor =_ it Village of North Palm Beach Department of Community Development SIMILAR USE REQUEST APPLICATION DATE RECEIVED: I "VIA Contact Name: Village Shoppes at U.S. 1, LLC Address: 133 U.S. Highway One City /State /Zip: North Palm Beach, FL 33408 Phone: 561- 844 -3700 Fax: 561 -844 -2388 Email Address: Lsmith@gdr-law.com BTR # and /' � /D/ 0 ZONING DISTRICT: C -3 (PUD) Name: Amici Imports, LLC --0--' 7 C5 Address: 107 U.S. Highway One City/State /Zip: North Palm Beach, FL 33408 Phone:c /o 561- 844 -3700 Fax: Email Address: Summary of Similar Use Request: Applicant /Owner is requesting use of Space no. 107 at the Village Shoppes as an office with ancillary storage (wine with a wholesale alcoholic beverage license). (SEE LEGAL DESCRTPTTON ATTACHED) I V Comnleted Business Tax Receipt Annlication (BTR) included I By signing, I have read and understand the conditions set forth in Ordinance 2007 -16 of the Villages Code Ordinances. I also authorize the Village of North Palm Beach Community Development staff, Fire Department, Public Safety and Public Works Department (if placable) to enter the property for inspection on site. Vi 1 ge 5hja�s at U.S. 1, kLC/ Applicant Owner Same as applicant Date Date Print Name Lawrence W. Smith, Esq., Agent Print Name I I Department I Date Approved Not Approved I Comments (Signature) (Signature) Fire Public Safety Public Works Village Council Please submit application to: 501 U.S. Highway One North Palm Beach, FL 33408 Phone: (561) 841 -3365 Fax: (561) 841 -8242 VILLAGE SHOPPES LEGAL DESCRIPTION A portion of Section 21, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the Westerly right -of -way line of State Road No. 5 as described in a deed from Tesdem, Inc. to the State of Florida as same is recorded in Deed Book 838, Page 25, Public Records of Palm Beach County, Florida with the Northerly right -of -way of Palmetto Road as shown on the Plat of Kelsey City (now Lake Park) as same is recorded in Plat Book 8, Page 35, Public Records of Palm Beach County, Florida, and from said point of intersection run (for convenience the said Northerly right -of -way line of Palmetto Road is assumed to bear North 87 °29'06" West and all other bearings mentioned herein are relative thereto) North 87 °29'06" West running along the said Northerly right -of -way line of Palmetto Road, 703.78 feet; thence run North 01 °10'38" East for 240.55 feet; thence run North 88 °48'24" West for 40.56 feet; thence run North 01 °09'10" East, along a line parallel with and one foot Westerly from (measured at right angles to) the Westerly wall of the Truck Well so called at the Westerly end of the J.M. Fields Store Building, so called for 153.26 feet; thence South 88 °50'50" East, along the North face (and its Westerly extension)of the South wall of the Garden Shop so called, said Garden Shop located in the Northeasterly corner of said J.M. Fields Store Building, for 41.00 feet; thence North 01 °0 °'10" East, along the Vlest face of the East wall of said Garden Shop and the Northerly extension thereof, for 119.46; thence run South 88 °50'55" East, along a line 20.26 more or less, North of the North wall of said J.M. Fields Store Building, for 637.34 to a point of intersection with the Westerly right-of-way line of State Road No.5, said point being also a point on a circular curve concave to the West; thence run Southeasterly, along the Westerly right of way line of State Road No. 5, along a circular curve to the right having for its elements a central angle of 01 °48'07 ", a radius of 11394.22 feet and chord bearing of South 6 °51'17" East; for an arc distance of 358.35 feet; thence run South 84 °02'47" West, along the Westerly right -of -way line for State Road No.5, for 5.00 feet to a point of intersection with a circular curve concave to the West; thence Southeasterly, along the Westerly right of way of State Road No. 5, along a circular curve to the right having for its elements a central angle of 0 °25'22 ", a radius of 11389.22 feet and a chord bearing of South 5 °44'32" East, for an are distance of 84.04 feet to a point of tangency; thence run South 5 °31'51" East, along the Westerly right of way line of State Road No. 5, for 91.78 feet to the POINT OF BEGINNING. Village Shoppes at U.S. 1, LLC 133 U.S. Highway One North Palm Beach, FL 33408 June 19, 2012 Village of North Palm Beach Attn: Jodi Nentwick, Village Planner 501 U.S. Highway One North Palm Beach, FL 33408 Re: Similar Use Request Application for Space 107, Village Shoppes and Amici Imports, LLC, Tenant, by Village Shoppes at U.S. 1, LLC, Landlord/Owner Dear Ms. Nentwick: Please consider this letter as authorization from Village Shoppes at U.S. 1, LLC, owner of the property which is the subject of the above - referenced application, for Lawrence W. Smith, Esq. and the law firm Gary, Dytrych & Ryan, P.A. and Pegasus Builders,! the contractor of the proposed improvements in Space no. 107, Village Shoppes, to act on behalf of Village Shoppes at J.S. Highway 1, LLC with regard to the Similar Use Application. VILLAGE SHOPPES AT U.S. 1, LLC By: J &J Village Shoppes, LLC, Manager Jo Staluppi, Manager a&. OIL., galv; 20VC4 & leyzm PROFESSIONAL ASSOCIATION ed. 1975 JOHN W. GARY, III JAMES H, RYAN DONALD R. BICKNELL, JR. LAWRENCE W, SMITH ALYS NAGLER DANIELS PETER M. ARMOLD GREGORY C. PICKEN June 19, 2012 Village of North Palm Beach Attn: Jodi Nentwick, Village Plamier 501 U.S. Highway One North Palm Beach, FL 33408 RICHARD G. DYTRYCH 1925-1996 741 U.S. HIGHWAY ONE, SUITE 402 NORTH PALM BEACH, FLORIDA 33408 TELEPHONE (561)- 844 -7700 FAX (561)- 844 -2388 www.gdr- Iaw.com Re: Similar Use Request Application for Space 107, Village Shoppes and Amici Imports, LLC, Tenant, by Village Shoppes at U.S. 1, LLC, Landlord/Owner Dear Ms. Nentwick: We represent the Village Shoppes at U.S. 1, LLC, owners of the Village Shoppes Center which is located at 101 -133 U.S. Highway One, North Palm Beach, Florida. We are submitting with this letter and application on behalf of our client for a Special Use Permit for Space 107 for Amici Imports, LLC establishing an office use with ancillary storage of wine which requires a wholesale alcoholic beverage license from the State of Florida. The primary use for space 107 will be office use for a wine distribution business with ancillary use for storage of wine. This use is similar to the other business uses in the Village Shoppes and neighboring Center. Pursuant to Section 45 -16.1 of the Village's Code, we submit the following justification for granting the proposed use: A. The size, intensity and density are compatible with other uses in the Center and other uses in the Zoning District. Office use is a pen-nitted use in the Center, and the distribution/wholesale component of the use is ancillary to the office use. B. The operating hours of the business and deliveries will be consistent with other businesses in the Center. C. The demands for public facilities and traffic impacts, including parking, will be no more than the demands and impacts for the other businesses in the Center and in the neighboring Center; and D. The business practices of the proposed use are of a nature that would be compatible with neighboring uses and consistent with the business practices of the other tenants m the Center and the tenants in the neighboring Center. Village of North Palm Beach Jodi Nentwick, Village Planner June 19, 2012 Page 12 In conclusion, the applicant respectfully requests that the Village grant the application for the Special Use Permit as requested. Thank you very much. �� �� ely, a rence W. Smith, Esquire LW S /md THE VILLAOS OFNORTHPALM BEACH BTR #. COMMUNITY r)RVRLGFMQNTnEPAaTMGNT 501 U.S. HIGHWAY I • N0R M 1 A1M 13BAC% FLORmA 33466 PHONE (561) $413365 • FAX(561) $41- 8242+ WW W.V1LLAG&NPB.0RG BUSINESS TAX RECEIPT APPLICATION Af NEW ❑ CHANGE OF ADDRESS ❑ CHANGE OF NAME ❑ CHANGE OF OWNERSHIP ❑ NEW PROFESSIONAL APPROVAL OF APPLICATION REQUIRES A i UMU M OF FIVE (5) BUSLUSS DAYS Business Name: I ' /J p_L M P fo �7 S L L Individual Name: Primary Address: �� 7 (1�[ S 14wL1_ � 1 Mailing Address: 7 1 S IV- r/l�rs f-�= �' �Ll/�e` y f t- IVY I�r3`rhf� aC% "rls. ,a• 'i `'IU�j � Parvt� rJt�cLr� �1•+ 31Lko j Phone Number: S& 1 -�e �2dp— -1�, 7aax Number: 12 ZOO-51(- 6-1d Q_ Cell Number; E-Mail Address: Federal 1Dff or Social Security Number (Required ); Website Address; Start ofBusiness Date; _ %� Type of Business (Please he specific. Narraae nfBvsiness is also required): 'IM 14 U tL -7 e�LS IVIV19 LL 5'4 L 6,,e_s Number ofEmploy=R. (`urr Square Footage of Occupancy: s[7___,_ S°� �E, Previous Use/Occupancy: T Arc there any renovations required and/or planned in order to occupy the proposed space? `Yes ❑ No Do you store hazardous materials or flammable materials? ❑ Yes _,N No State License Professionals . Name Emfession License Number (Maack =v oflicense) Emergency Contacts (,4fter hnurs confaci kgormailon, counnerrial businesses only) Nlame .M dress Telephone plumber 11 2. Cosmclology/Barber Shop - No of Persons: Stock Brokerage —No afBrokers: lA] A, 3117:3 �s4 -g1-i1-393 Specialty License Information (lfapplicable) Restaurant —No of Seats: Coin Operated or Vending —No of Machines- Hotel/Apartments --No of Units: Boat Spaces —No of Spaces: . Fuel Dispensers— No of Pumps: Real Estate Broker: Real Estate Agents; Bowling —No of Lanes: T Retail & Wholesule Mw-chants — Average YearlyFnvurrimy at your cost: IPOP O Dr> Taxi/Transportation: No of Vehicles; t A adult Entertainment Does the proposed business usage constitute an adult dancing establishment as defined in the Palm Beach Cty Adult Entertainment Code? ❑ Yes "O Does the proposed business usage constitute an adult theatre as defined in the Palm Beach Cty Adult Entertainment Code? Cl Yes * No Does the proposed business usage constitute an adult bookstorelvideo store as defined in the Palm Beach Cty Adult Entertainment Code? ❑ Yes kNo Does the proposed business usage constitute an adult activity that would require an adult entertainment license in accordance with the Palm Beach County Adult Entertainment Code? ❑ Yes XNo Describe the live entertainment that will he performed using the Narrative for Business form an Page 2 of this application. If live enter -tainment Includes dancing of any type, you must specify the type or dancing and the state of dress or undress of tbv dancers. I certify that I have read this application and that the statements contalned herein and on Page 2 ( Narrative of Business) are true and correct to the best of my knowledge. I understand thRt the notarization of my signature of Page 2 applies to the entire application. I also understand that failure to cam fete the entire application including Page 2 (Nnrrntvve of Business) �willlee dt in processing delays to my application, �V1 � vy.ir.S %i � lld-E r3�c..ltz�ri. P Name — 71Ve [hnv BTR2008 -01.5 Rev 01 04 10 hi addition to the Village of North Palm Beach Business -Tax Receipt Application, please provide the following documentation: • Completed Palm Beach County Business Tax Receipt Application • Articles of 3ncoiporation and/or Fictitious Name Registration • State License (if applicable) • Narrative of Business (Required) • Home Business Affidavit (rf applicable) NARRATIVE OF BUSINESS Business Name: . J`l 1 ( 61 .T m t°ba -7s_ LLC _ Individual's Name: Please provide a detailed narrative of what your business is; k ip o rs , eox's /0140 t-6 S- J) v j J�� is 11e,,°: S iJAeA.J Nom TWO STATE OF FLORIDA, COUNTY OF �+M ins e 211 qt7 7u The forgoing instrument was aeknowkdged before me this J ' day of 4-l' ..201V- by r 1IA, KI,j 5W-! pY pu (Neune of person making statement). act° ...,�iio COMMISSION g,0 DO 8 * x MY C�MMI5SION � DD 879245 Who is personally known to me -X' ar has produced identification s t EXPIRES: May 28, 2013 Type of identification produced: °I ZFOF V%oe`O Bonded Uru Budget Mq $Cn16C8 Who did 1 did not take and oath. FOR OFFICE USE ONLY ❑ Completed NPB Application ❑ Completed PB County Application ❑ Copy of State Licensing ❑ Home Business Affidavit .Zoning Classification: SignaturefZoning Compliance Officer: Signature /Code Compliance Officer: Signature /Fire Dept luspector: Fee: $ Transfer: $ TOTAL DUE: $ BTR2008 -01.5 Rev 01 04 10 Penalty: $ Unpaid Fees: $ ❑ Articles of incorp /Fictitious Blame ❑ Payment Rec'd: Check # Date: Date: _ Date: Fire Fee; Advance rec: $ AN N E M. G A N N O N [County Ordinance 721 and FS 205.0535(5)] - -T L11 CONSTITUTIONAL TAX COLLECTOR No business tax receipt shall be issued until applicable Serving Palm Beach County county and state laws are complied with including, but not limited to, building, zoning, construction industry www.taxcoHectorpbc.coin licensing, fire control and health. BUSINESS INFORMATION (To be completed by applicant): * *Instructions & checklist on reverse side ** Check Applicable Box: X New Business ❑ Transfer of Address El Transfer of Ownership ❑ Business Name Change ❑ New Business Tax Receipt ❑ Other Current Business Tax Receipt # (if applicable): Business /DBA /Trade Name: -A M % c-t Thpbrix . (Division of Corporations requires registration of a fictitious name. Copy of registration must accompany this applicatlon) Corporation /Business Name: ALtcc ; l t�to iS Ur, Owners Name: t&ckrz 'J"; �+f1lo Federal Employer ID #: `'/s' 3L pD41 * *OR ** Socia)Secudty #: e Business Address: jv7 'US Hr+Y �_ _ City: , Pa.r�D , ea State: JrL. ZIP: 33408 Date in business at this location: �y ��lc.{•�/voJ o/a Business Phone Number: 5'61 - 4ie,•l77a MallingAddress (if different above): 615d• t'a.n /trD2 % '*808' City: _ Pain,.betack State: err- ZIP: 1•&401 E -Mail address: Naturnn11"Bus' es - % ji�f�riuliann �/.J/srae�s_Ar * *OR ** Profession- wawc v� vu,mws. - �..- �- -- -- (Landscaper, Cleaning service, etc.) (Doctor, Lawyer, etc.) Maximum Number of: Employees: Machines Rooms: Restaurant seating: Were you issued a Notice of Nan- Compl' ? Yes x No I certify, under pen Ity of I the a information is true and correct, and i understand that any false statements cuuld result in penalties as provided by taw. Signature: r Title: 1 �eA"u2 T (Agent, Owner, Rep.) PLEASE NOTE: ZONING APPROVAL MUST BE COMPLETED PRiORTO APPLICATION SUBMITTAL * *See reverse side for details on zoning ** Municipal /City Zoning Approval: Title: * *OR ** Unincorporated Zoning Approval/ PlanningZoning & Building Approval: Title: PZ &B -Place initials in box if approval from department is required*** Regulator5ignature required online, when approval has been meet*** 0 Zoning (U No.) 0 Fire Marshall 0 Compliance 0 Health Department 0 Building 0 Hotel & Restaurant. Q NA[CS Code Q Prior Use of Bay/Bldg. 0 Other 0 Cnty Home Based Affidavit FOR TCO OFFICE USE ONLY (Signature and title designates approval) LBTR# /Account #: Branch Office: Till number. State /County License Cert #: NAICS Code: Receipt #: Cust. Relations Guide/ CRA: Date: Field Service Approval: TOTAL FEE DUE: $ CURRENTYR Q 1 YR 2 YR Q 3 YR 4YR 5 YR Q Page 2 2012- IMP -00247-0 DEPARTMENT OF THE TREASURY - ALCOHOL AND TOBACCO TAX AND TRADE BUREAU BASIC PERMIT (Under Federal Alcohol Adminislretion Act) 5. NAME AND ADDRESS OF PERMITTEE (Number and street, city or town, Stale and Zip Code) AMICI IMPORTS, LLC 107 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 -5401 6. TRADE NAMES AUTHORIZED BY THIS PERMIT (Frada name approval does not constitute approval as a brand name for labeling purposes. If needed, list on reverse or use conlinuallon sheet.) 1.PERMIT NUMBER FL-1-21075 2. DATE OF PERMIT 05/05/2012 &REGISTRY NUMBER (if applicable) 4. DATE OF APPLICATION 03/01 /2012 'Used for Contract Bottling or Packaging/Branding Purposes 7. PERMIT GRANTED FOR (ONE TYPE OF OPERATION ONLY) Pursuant to the application of the date indicated in Item 4, you are authorized and permitted to engage, al the above address, in the business of. a. E Distilled Spirits - Q distiller 0 rectifier (processor) u warehousemen andlor Li. warehouseman and bottler and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, In interstate or foreign commerce, the distilled spirits so distilled or rectified, or Warehoused and bottled, or the wines so rectified, b_ n Wine - producer and blender ❑ blender and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in Interstate or L J foreign LLcommerce, the wine so produced or blended, C. Importer - importing into the United States the following alcoholic beverages: Malt Beverages Wine while so engaged, to sell, offer to deliver for sale, contract to sell or ship, in interstate or foreign commerce, the alcoholic beverages so imported, d. ^ Wholesaler - Purchasing for resale at wholesale the following alcoholic beverages: L I while so engaged, to receive or to sell, offeror deliver For sale, contract to sell or ship, in Interstate or foreign commerce, the alcoholic beverages so Purchased. This Permit is conditioned upon your compliance with the Federal Alcohol Administration Act; the Twenty -first Amendment and laws relating to Its enforcement; all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with respect to them; the Federal Water Pollution Control Act; and, all applicable regulations made pursuant to law which are now, or may hereafter be, in force. This basic permit is effective from the date shown above and will remain in force until suspended, revoked, annulled, voluntarily surrendered, or automatically terminated. THIS NCRMi T WILL All I OM IFICALLY T ERMINFi I E I'HiK[ Y DAYS AFTER ANY C iANGE IN FkUPRIEI OkSHIP UR GUNTROL OF THE BUSINESS, unless an application for a new basic permit is made by the transferee or permittee within the thirty day period. If an application for a now basic permit is timely filed, the outstanding basic permit will continue in effect until the application Is acted on by the Distriul Director, Alcohol and Tobacco Tax and Trade Bureau. THIS PERMIT IS NOT TRANSFERABLE. ANY CHANGE IN THE TRADE NAME, CORPORATE NAME, MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT, OR ANY CHANGE IN STOCK OWNERSHIP (MORE THAN 10 %) MUST BE REPORTED TO THE NATIONAL REVENUE CENTER OR PUERTO RICO OPERATIONS OFFICE WITHOUT DELAY, THIS IS AN REASON FORAMENDMENT 1 ^I ORIGINAL PERMIT N AMENDED PERMIT SIGNATURE AflD TITLE OF AUTHORIZED TTB OFFICIAL FOR JOHN J. MANFREDA, ADMINISTRATOR iTB F 5170.2 (112005) AUTHORIZED TRADE NAMES PERMIT NUMBER: FL-1.21075 REGISTRY NUMBER: `Used for Contract godrig or PackegingMninding Purposes 2012-W HL-00660-0 DEPARTMENT OF THE TREASURY- ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 1.PERMIT NUMBER FL -P -21077 BASIC PERMIT - 2.DATE OF PERMIT (Under Federal Alcohol Administration Act) 5. NAME AND ADDRESS OF PERMITTEE (Number and street, city or town, State and Zip Code) AMIQ IMPORTS, LLC 107 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 -5401 B. TRADE NAMES AUTHORIZED BY THIS PERMIT (Trade name approval does not constitute approval as a brand name For labeling purposes. It needed, list on reverse or use wnlinustion sheet.) 'Used for Contract Bottling or PackaginglBranding Purposes 7. PERMIT GRANTED FbR (ONE TYPE OF OPERATION ONLY) 05/05/2012 4-DATE OF APPLICATION D3/01/2012 Pursuant to the application of the dale indicated in item 4, you are authorized and permitted to engage, at the above address, In the bus4nsss of a. �Y Distilled Spirits - distiller !—I rectifier (processor} 1 -j warehousemen andfor warehousemen and bottler and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the distilled spirits so distilled or rectified, or warehoused and bolded, or the wines so rectified, b. Wine - producer and blender L J blender and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in Interstate or foreign commerce, the wine so produced or blended, c. Ll Importer - importing into the United Slates the following alcoholic beverages: while so engaged, to sell, offer to deliver for sale, contract to sell or ship, in inters tate or foreign commerce, the alcoholic beverages so Imported, d. Wholesaler - Purchasing for resale at wholesale the following alcoholic beverages: Mall Beverages Wine while so engaged, to receive or to sell, offer or deliver for sale, contract to sell or ship, In Interstate or foreign commerce, the alcoholic beverages so Purchased, This Permit Is conditioned upon your compliance with the Federal Alcohol Admintstreiion Act; the Twenty -first Amendmant and laws relating to Its enforcement; all other Federal laws reteting to distilled splOts, wine, and malt beverages, including taxes with respect to them; the Federal Water Pollution Control Act; and, all applicable regulations made pursuant to law which are now, or may hereafter be, in force. This basic permit is effective from the date shown above and will remain in force until suspended, revoked, annulled, voluntarily surrendered, or automatically terminated, THIS PERMIT WILL AU i 0MA I IGALLY i ERMiNAT -GG T HiRT 7 FjKfS A E ER ANY CHANGE IN PROPRIE T ORSHIP OR CON i ROL OF Till. BUSINESS, unless an application for a new basic permit is made by the transferee or perminee within the thirty day period, If an application for a new basic permit is timely filed, the outstanding basic permit will continue In effect until the application is acted on by the Disidot Director, Alcohol and Tobacco Tax and Tade Bureau. THIS PERMIT IS NOT TRANSFERABLE, ANY CHANGE IN THE TRADE NAME, CORPORATE NAME, MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT, OR ANY CHANGE IN STOCK OWNERSHIP (MORE THAN 10%) MUST BE REPORTED TO THE NATIONAL REVENUE CENTER OR PUERTO RICO OPERATIONS OFFICE WITHOUT DELAY. THIS IS AN IJ ORIGINAL PERMIT EI AMENDED PERMIT REASON FCFRAMENDMENT _ DATE -OF — SIGNATUREAhjOf1_W OFAUTHORIZEO TTB OFFICIAL FOR JOHN J. MANFREDA, ADMINISTRATOR r� TTB F 5170.2 (112005) AUTHORIZED TRADE NAMES PERMIT NUMBER: FL_P_21077 REGISTRY NUMBER: "Used for Contract BAIng or PackaginglBranding Purposes I \L\aLl vLV uVf Lrf �uA.� u�� 1.� Vul uJl I JUC tir�LVV�ar�. V� I avV..f LIMITED ]LIABILITY COMPANY AGREEMENT OF AMICI IMPORTS, LLC A 1'lolids limited liabilli, compamy r,iW I980w9mvI L11!"il'T.'ED LJABlUTY COMPANY AGREEMENT OF AN11CI UNVORTS, LLC This .T..IMrMD LIAB.IL17Y COMPANY AGREEMENT (the "Agreemcni ") of A.MTCI IMPORTS, LT_.C, (the "Company ") is effective As of June 22nd, 2011. 1. Formntion�of Lin1itcd Liability Company. The Company has been formed as a tnetnbe.r. managed {invited liability company pursuant to the Florida Limiied Liability Company Act ( the "Act "). The rights and obligations of the Member and the adminisontion and termination of The Company shall be governed by this Agrcemment and the Act. Ile Member agrees to the terms and conditions of this Agreement, as they may from time to time he amended, supplemcnted, or restated According to the terms sct I'otth below. Except to the extent a provision of this Agreement expressly incorporates fcderal income tax talcs by reference to sections of the Code or Treasury Regulations or is expressly prohibited or ineffective udder the Act, tl> s Agreetnetit shall govern, even when inconsistent with, or different then, the provisions of the Aot oi' any other Inw. T-) the extent tiny ptrvi --qnn of this Agreement is prohibited of ineffective under the Act, this Agreement Shall be considered amended to the smallest dogree possible in order to make such provision effective under the Ac(. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement thnt was formerly invalid, such provision shat! be considered to be valid from the effective date of such interpretation oy mneadment, 2. Members. Gudrun Cuillo is the sole member of the Company. 3. Pt�t ose. The Company wis formed to engage in any and all lawful businesses or activitica in whieb a litnited liability compw)y may be fmgaged under applicable law (including, withortt limitation, 1110 Act) na detetxaizled by tire' Member, 4. Name. The name of ibe Company shall be "AMICi IMPORT'S, LLC ". S, lime isteicc3_Agent and Principrll Office. The oddness of the registered offlee of the Conipnny In Florida is 660 U.S. Highway One, 3" Floor, North Urn Bcach, FL 33408. The Cory 1pany's registin-ed agent ai thni fiddiesq i3 Haile Skew & Pfaff .nber^„ r P.A. The Corn any may have such other offices as the. Member msy designate from time to fime. The mailing address of the Company shall be 515 North Fingler Drive, Suite 808, West PEJnn Beach, FI, 33401. 060 e611WHM v1 6. yerr -of Con)M, The Company shall commctrce on the elate the Articles of Organization are frxt properly filed with the Secretary of Stato of the State of Florida atsd shall continue in existence in perpetuity unless its business and aff;'airs ore earlier wound tip following dissolution at much time as this Agreement may specify. 7. Mann teat of Coot a , All decisions relating to the general management of the bttsincsfi, affairs and }properties of the Company shall be made by the Member. To facilifate the clay to day opezations and ministerial nets of the Company, the Member may appoint a President and one or more Vice presidents and such other officers of the Company as tho Member may deem necessary or advisable (the "Officers ") from time to time. The Officeis shall serve at the pleasure of the Mcntbet, and shrill have the ditties, responsibilities and authority normally accorded to persons !folding such offices in. corporations formed under the Florida Business Corparatton Act and such other duties and powcrs as may be delegated to thain fiom time to time in writing by the k1mbcr. 8, i3it 1 uttons. Each distributions of cash or other property by the Company shall be made lt]O% to the Member. Each item of income, gain, Joss, deduction and credit of the Company shall be nllocated TOW% to the Member, 9. jv�etnbetship lnterests. The Member o`vns one - hundred (100 "Ja) of the Company's rterrbersh;p ]rite }sisis. 10. Capitnt. ,t�cc4ttnts, A capital Recount shall he maintained for the Member it) accordance with Treasury Regulations Section 1.7044(b)(2)(iv), 1 I, f3istolnt on and Winding U2. The Company shall dissolve and itq business and affairs shall be wound tip pursuant to a written instrument executed by the Member, 12. Air. mentk, This Agreement may be amended or modified fi -orn fife to time only by a written instrument exemited by the Membex. 13. Cloverningi.aw. The validity and enforceability of this Agreement shall be governed by and construed in accordance with the laws of tine State of T lorida without regard to otherwise governing principles of conflicts Df law, IN WIT VESS WHEREOF, the sole member hereto has duly cxecttied this Limited L;fbili Ca..Nt,ny ^grPernent a4 of the date above, Cuillo Cleo GG! D8'%*Md vI FAN: 1111.164301 ARTICLES OP ORGANIZATION OF AA11 11.MrOATS, IJ,C The utldemigned authorized representative of a member, for the purpose of forming a limited liability company under the Florida Limited Liability Act, F'loridn Statutes, Chapter 608, hereby makes, acknowledges and files the following Artieks of Orgadization: ARTICLE 1-- NAME The name of the limited linbility company is AMICI IMPORTS, LLC (the "Company "). ARTICLE II ADDRESS The mailing tiddtrss and street address of the principal of_6cc of the Company is 515 North Flagler Dr1vc, Suite 808, Weat Palm Acaah, FL 33401, ARTICLE JJJ — RECTSTERED AGENT The note of the registered agent of the Company in the State of Fiorida is Haile, Shaw & rTnitenbergcr, P.1., atiu tale afimct artd ttmailing addt'ess is 66017,8. 3iiolnpay One. 3rd Floor, North Palm Bench, FL 33408, IN W1.TN8SS W.HE>RkOF, the ttndersigned Ms made, subieribed and armed these Ailicles of 0rga3iizntion, under the penalties of pocjtiry, is the duly uthotized representative af. a member of lire Compnny at North Palttk . each, lFloricia, this 23t4 day of Jame, 2011. a d Orctt S, Tasini, as Authorized Representative ACCI?I�,ANCE 13Y RECISTGREU AGENT T1I1; UNDERSIGNED HEREBY accepts its appointtrrent as Registered Agent of the aforesnid limited liability company. We ire familiar with, and accept the obligations or Chapter 608 orthe Florlda Statutes. HAII.,F, S14AW & PFAFriENDERGER, P.A. By:� Time: Oren S. Tasini Datc: Juud-�; 2011 FAN: 1111 - 164307 WnkW 1*Dd1MW0 vi WRITTEN ACT10N ORGANiZI G LMEDIIABILUY CO11�I ANY 'FM, UNDERSIGNED, as the Sole Member of AM><.CI IMPORTS, .LIZ, a Florida limited liability company (thc "Company "), and the authorized representative of such Member, hereby confirm the following matters in connection with the organization of the Company; 1, The Company was organized on ,Tune 22, 2011, by Oren S, Tasini (the " Initial Representative "), wbo excouled and delivered the original Articles of Organization of the Company as the authorized representative of the Member, 2. The undersigned Member has been designated to become the Sole Member of the Company, anal has agreed to complete the organization of the Company by executing and deliver -ing this Written Action. 3. By executing this Written Action, the Initial Representative hereby confirms that he exectitcd and filed the Atticlles of Organimlon its agent foa' the sole benefit of the Member named below, and confirms such Member's admission es the sole Member of the Company as of the date of this document, The Initial Represcntntive hereby assigns, transfers, and sets over unto the Member the sole .right to managa the Company and all of the rights to own and benefit from the Company pursuant to the Florida Limited Liability Act, and the Jnitial Representative hereby Waives niiC udisc laii3 any manage-merit rights r ownership in_t_ ers St; eit_ her Ica—al oP equitable, which lie might otheivise have or clairn by virtue of his execution and fling of the Articles of Organization, 4. Jiy executing this Written Action, the undersigned Member he.rmby: (1) corafrrras the autho.d.ty of the Initial Representative to file the Articles of Organization of the Company on it? behalf, (fi) ratifies and approves ail actions taken by the Jstitial Representative in connection with fie fortnatioti of the Company, including, wiflidut Iirrritation, the appointment of .i.-iaile, Shaw & Pfaffenberger, P,A. as initial Registered Agent of the Company, and (iii) releases the Jnifinl Representative from any further obligations or liahilitics in connection with his organization of the Company, and except for any willful misconduct or gross negligent acts of the initial Rcprescnthtive in the orgarti7ntion of the Company, agues to deferid, indemnify and hold the initial ,Repr'eserttative hannless,frorn any loss, liability or expense (including reasonable a(torncys` fees) which the Initial. Representative may incur as a result of any clnims, o.r investigations which may arise in Connection with the fonnation of the Company and its subsequent activities, S. The patties acknowledge that the Member shall have The sole right to complete the organization of the Compnny in such ms=or as it deems appropriate and to take such actions ns it may deem necessmy or prudent to manage the business rind affairs of the Company, eltbor directly through its own officers and agcnts of through such off ecrs, agents and /or reptcscntatives of the Company as (lie Member may hereafter designate, 'Without limiting the generality of the foregoing, the Member shall have the right to adopt n written Operating Agreement fbt the Company providing for such ,Rirther matters regarding the or >tinization, structure and mariagcrnent as the Member may deem necessary or prudent. G. This Written Action may he executed and delivered in ono or more idon ical counierfrnris, including counteiparts delivered by faicsimile or electronic mail, whic.1i when taken AMA flp}VIfM )"N. rl together, shall he fully effective ns if Inch patty had executed and delivcrcd one, and the same instru+nent. Witness our Signatures ns of this 22nd day of June, 2011. AS INITIAL REPRESENTATIVE: 0' Oren & Tnsini CND 061 -b"M VI AS SOLE; CLIHI0