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Use Permit & Admin PD - Khartoum - 2012CITY of CAMPBELL City Clerk's Office September 10, 2012 Laurie Brigham 84 Dot Avenue Campbell, CA 95008 Dear Ms. Brigham: At its regular meeting of September 4, 2012, the Campbell City Council adopted Resolution 11456 approving your request for a Live Entertainment Permit for Khartoum's Lounge located at 300 Orchard City Drive, Suite 101, Campbell, with live entertainment being allowed Wednesday through Saturday from 9:00 p.m. to 1:00 a.m., subject to Conditions of Approval. If you have not already done so, you will need to apply for the Live Entertainment Permit at the Finance Department, located in the lower level at City Hall, 70 N. First Street, Campbell. Office hours are 8:00 am to 5:00 pm Monday through Friday (408) 866-2174. Should you have any questions, please feel free to contact Sergeant Joe Cefalu at the Campbell Police Department. Sincerely, Anne Bybee City Clerk cc: Sergeant Joe Cefalu Development Department Finance Department °~ ~c~~~ 4' t~ ~~r © o ~r G1 . ~RCt[nRV . City Council Report 13. item: Category: New Business Meeting Date: September 4, 2012 TITLE: Live Entertainment Authorization -Khartoum's Lounge, 300 Orchard City Drive, Suite 101, Campbell California RECOMMENDATION That the City Council adopt the attached resolution 1. Approving Live Entertainment for Khartoum's Lounge located at 300 Orchard City Drive, Suite 101, with live entertainment being allowed Wednesday through Saturday from 9:00 pm to 1:00 am, subject to conditions of approval. DISCUSSION The following applicant has applied for a Live Entertainment permit Laurie Brigham 84 Dot Avenue Campbell, Calif 95008 Mrs. Laurie Brigham has been a part of Khartoum's, Inc. since it was incorporated in 1984 in Campbell. Her husband, Jeff Brigham, ran the day to day operations of Khartoum's Lounge and Boswell's Bar. In November 2011, Mr. Brigham passed away unexpectedly and Mrs. Brigham took over operations at Khartoum's Lounge and Boswell's Bar and has operated both businesses successfully since. Mrs. Brigham has submitted an application requesting authorization to have Live Entertainment at her business to provide her customers musics! entertainment consisting of a disc jockey only, no live bands, and karaoke performances. As part of her application, Mrs. Brigham requests authorization for Live Entertainment Wednesday through Saturday from 8:00 pm to 1:00 am. The proposed location where the performers will play their music is located on fhe ground floor of the bar along the east wall of the business across from the main bar. The space allocated for the disk jockey is 8 feet long by 5 feet wide. The main bar is located along the west wall of the bar and serves beer, wine and spirits. The main area of the bar contains bar seating. A background check on the applicant consisting of fingerprinting was conducted and the Department of Justice responded that there is no information prohibiting the applicant from operating this business with a Live Entertainment Permit. Furthermore, Khartoum's, Inc is a California Corporation in good standing under the laws of California according to the California Secretary of State. September 4, 2012 TITLE: Live Entertainment Authorization -Khartoum's Lounge, 300 Orchard City Drive, Suite 101, Campbell California The existing Conditional Use Permit {CUP), adopted and passed February 14, 2012 (Planning Commission Resolution No. 4046), states that live entertainment shall be permitted from 9:00 pm to 1:00 am Wednesday though Saturday. The CUP also states the live entertainment shall be limited to disc jockey and karaoke performances only. The CUP states the applicant shall posses a live entertainment permit with the Police Department consistent with section 5.24 of the Campbell Municipal Code prior to the establishment of live entertainment on site. The Police Department supports allowing live entertainment as described to occur with the stipulation #hat any live entertainment will only occur on Wednesday through Saturday from 9:00 pm to 1:00 am, as stipulated in the CUP. The Police Department agrees with Mrs. Brigham's request to cease any live entertainment at 1:00 am due to Khartoum Lounge's close proximity to residential housing. An additional stipulation would be that if on the nights of live entertainment, a public nuisance is created or there are significant calls for service, the Police Department would have the authority to prohibit five entertainment from continuing. FISCAL IMPACT An application fee of $866.00 has been paid by the applicant and is not refundable regardless of the action of the City Council. If the non-transferable live entertainment permit is approved by City Council, the applicant shall pay the City of Campbell an annual fee of $306.00 in accordance with Camp~jell Municipal Code Section 5.04.010 and 5.24.010(a). ALTERNATIVE 1. Deny the re uest. Prepared by: Reviewed by: nt Gres~._Ein~Ct~ief of Police Reviewed by: Paul erm~oy- nom, interim Community Development Director Reviewed by: ~ti~~~''~ `~~ ._ s Takahashi, ,F/inance Director Approved by: Amy L. Brown, City Manager Attachments: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A L1VE ENTERTAIMENT PERMIT TO LAURIE BRIGHAM FOR THE BUSINESS COMMONLY KNOWN AS KHARTOUM'S LOUNGE, LOCATED AT 300 ORCHARD CITY DRIVE, SUITE 101, CAMPBELL, CALIFORMA. WHEREAS, After notification and public hearing and presentation by the Police Department, after due consideration of all the evidence presented the City Council did find as follows: 1. The applicant is over eighteen years of age; 2. The required application fee has been paid; 3. As of the present date, there is no substantial evidence that the applicant, his or her employes, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application; 4. As of the present date, there is no substantial evidence that the proposed use as conditioned would constitute a violation of the provision of the Municipal Code, or other applicable law; 5. As of the present date, there is no substantial evidence that the applicant has been convicted of a felony or crime of moral turpitude; 6. As of the present date, there is no substantial evidence that the proposed operation as conditioned would result in a public nuisance as defined in the Municipal Code, or Section 370 of the California Penal Code. WHEREAS, the City Council approves a Live Entertainment permit to Laurie Brigham to allow late night activities and live entertainment for Khartoum's Lounge located at 300 Orchard City Drive, Suite 101. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves a Live Entertainment Permit and Resolution to Laurie Brigham on behalf of Khartoum's Lounge to allow late night activities and live entertainment at the property located at 300 Orchard City Drive, Suite 101 subject to the following conditions: 1. The hours of operation for live entertainment shall be restricted from 9:00 pm to 1:00 am Wednesday through Saturday. The live entertainment shall be limited to disc jockey and karaoke performances only. 2. The owner/operator of the subject property shall provide one bonded, certified (guard card}, uniformed, security guard for every 50 patrons in conjunction with the live entertainment events; 3. All Bartenders, door and security staff obtain ABC LEADS training within 30 days of hire; 4. Noise levels shall not be audible to a person of normal hearing capacity from any residential property. In no case may noise from the live entertainment disrupt neighboring residences or businesses; 5. The applicant is aware that if the live entertainment creates a continued public nuisance or there are significant calls for service, the Police Department would have the authority to prohibit live entertainment from continuing and revoke this permi#. PASSED AND ADOPTED this 4th day of September, 2012 by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Michael F. Kotowski, Mayor ATTEST: Anne Bybee, City Clerk CITY of CAMPBELL Community Development Department February 16, 2012 Derek Austin, Esq. 155 E. Campbell Avenue, Suite 207 Campbell, CA 95008 Re: PLN2011-283 - 300 Orchard City Drive, Suite 101 Use Permit & Administrative Planned Development Permit Dear Applicant: Please be advised that at its meeting of February 14, 2012, the Planning Commission adopted Resolution No. 4046 approving a Conditional Use Permit and Administrative Planned Development Permit (PLN2011-283) for expansion of an existing bar and continuation of existing late-night operational hours for an existing bar (Khartoum Lounge) on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, February 24, 2012. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely Daniel Fama Assistant Planner cc Water Tower I, LLC (Property Owners) 1690 Dell Avenue Campbell, CA 95008