Chapt 5.28-Billiard Halls (98)ORDINANCE NO. 1974
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER 5.28,
POOL AND BILLIARD HALLS OF THE CAMPBELL THE
MUNICIPAL CODE. FILE NUMBER TA 98-04
After due consideration of all evidence presented, the City Council of the City of
Campbell does find as follows:
1. The criteria for approval of a Pool and Billiard Permit in the ordinance provides
adequate guidelines to the applicants and to the City Council to make reasonable
decisions based on the merits of each application.
2. Regulations pertaining to allowing minors in pool and billiard establishments and
poolrooms and billiard halls will ensure that a wholesome environment is provided
for families and the young people of Campbell who use such facilities.
3. Approval of a Use Permit or Planned Development Application is required to allow
a pool and billiard establishments and poolrooms and billiard halls to sell alcoholic
beverages when minors are present.
4. Conditions placed on the operation of pool and billiard establishments and
poolrooms and billiard halls will be considered on a case by case basis and will
allow additional safeguards to assure that the operation of such establishments
would not be injurious to the public health, safety, peace or welfare of the
neighborhood in which the establishment is located or to the City as a whole.
Based upon the foregoing findings of fact, the City Council concludes that:
1. The proposed amendment is consistent with the City of Campbell General Plan.
2. The proposed amendment will not be detrimental to the health, safety, or welfare of
the City as a whole.
3. No substantial evidence has been presented which shows that the project as
currently presented would have a significant adverse impact on the environment.
4. to protection of the public health, safety, and welfare of the neighborhoods.
Therefore, the City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Municipal Code Chapter 5.28, Pool and Billiard Halls, is
hereby amended as set forth in Exhibit A attached hereto. (Exhibit A = The
Amendment)
SECTION TWO: This Ordinance shall become effective thirty (30) days following its
passage and adoption by the City Council and shall be published once within five (5)
days prior to the proposed adoption and published fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara. The full text of the Ordinance is posted in the Office
of the City Clerk, of the City of Campbell, and is available for public review.
PASSED AND ADOPTED thist 7 day of November, 1998, by the following roll call
vote:
AYES: Councilmembers: Conant, Furtado, Dougherty,
NOES: Councilmembers: None
ABSENT: Councilmembers: Dean
ABSTAIN: Councilmembers: None
ATTEST:
Anne Bybee, City Clerk
Watson
~J~n~tte Watson., Mayor
Exhibit A
Title 5
BUSINESS LICENSES AND REGULATIONS*
Chapter 5.28 POOL AND BILLIARD HALLS
5.28.010 Definitions
(a) As
(:)
(4)
used in this Chapter, the following terms shall have the following meaning:
"Billiard Hall" shall mean any commercial establishment containing one or more billiard
tables for use of the establishment's patrons.
"Poolroom" shall mean any commercial establishment containing one or more pool tables
for use of the establishment's patrons.
"Pool or Billiard Establishment" shall mean a Billiard Hall or Poolroom with a combined
total of two (2) or more billiard or pool tables.
"Pool or billiards" means any of the several games played on a table, surrounded by an
elastic ledge or cushions, with balls, which are impelled by cues and shall include all
forms of the game known as pool, billiards or snooker and other similar games.
5.28.020 Billiard and Pool Tables in Commercial Establishments.
(a) No pool or billiard table, coin operated or otherwise, shall be placed in any commercial
establishment until a permit has first been obtained from the City Council upon written
application approved by the Chief of Police.
(b) The annual license fee for such pool table or billiard table shall be set by the City Council,
notwithstanding any other fee provided in this chapter.
(c) Except as provided in section 5.28.030(b), no commercial establishment shall have more than
one pool or billiard table.
(d) Except as permitted in subsection 5.28.030(e) of this section, no alcoholic beverages, or
vinous or maltose beverages shall be sold, served or distributed in any billiard hall or
poolroom where minors under the age of twenty-one years are permitted to enter.
(e) Every billiard hall or poolroom shall be closed between the hours of two a.m. and six a.m. of
each day.
5.28.030 Issuance of Permits-Findings and Conditions
(a) The City Council shall approve a permit for a pool or billiard table, upon a recommendation
from the Police Chief if they find all of the following:
(1) No person associated with the establishment seeking the permit has a history of moral
turpitude or has committed a felony or other crime involving moral turpitude;
(2) The operation of the establishment would not be injurious to the public health, safety,
peace or welfare of the neighborhood in which it is located, or the City as a whole;
(3) The operation would not create a public nuisance; and
(4) The establishment would not result in an undue misallocation of police and safety
resources due to the nature of the operation, its location or its management.
Chapter 5.28 Amendme~.
Page 2
(b) The City Council shall permit the operation of a Pool or Billiard Establishment with more
than one pool or billiard table, if the Council finds all of the following in addition to the
findings required pursuant to subsection (a) of this section:
(1) The proposed number of pool or billiard tables would not create a public nuisance at
or around the establishment;
(2) The proposed number of pool tables or billiard tables would not create an unhealthy
or unsafe environment in or around the establishment.
(c) The City Council may impose reasonable conditions on any permit as necessary to secure the
purposes of this Chapter.
(d) The Provisions of this Chapter do not relieve the applicant from obtaining approval to
operate a pool or billiard establishment in accordance with the applicable zoning district of
the property involved in the application.
(e) Notwithstanding Section 5.28.020(d), a poolroom, billiard hall or a pool or billiard
establishment may allow persons under twenty-one years of age to enter and or play pool or
billiards upon approval of a Planned Development Permit or Use Permit therefor, under Title
21 of this Code.
(f) Prior to denial of a permit, the City Council shall hold a hearing pursuant to Section 5.01.138
of this Title.
5.28.040 Pool and billiard rooms--Police inspection.
Any pool room or billiard hall and any room adjacent to the same under the same management or
control shall be subject at all times to police inspection and sUPervision for the purpose of
ascertaining if the provisions of this chapter are being observed, and no personnel shall
hinder, obstruct or delay any police officer from entering any such place.
5.28.0 50 Locking or barricading doors.
No person shall keep any door or entrance to any poolroom or billiard hall locked, ban'ed or
barricaded in such manner as to make it difficult of access or ingress to police officers while two
or more persons are present in such room, except exits used exclusively for emergency purposes,
and no person shall visit or resort to any such locked, barred or barricaded room or place
protected in any such manner to make it difficult of access or ingress to police officers when two
or more persons are present.
5.28.0 60 Gambling, card tables, games and gaming.
(a) No person shall permit gaming or gambling of any kind or description whatsoever for money
or anything of value within any poolroom or billiard hall.
(b) No card tables shall be kept, or any card games played or allowed in any billiard hall or
poolroom.
(c) The permitting of gaming in any commercial establishment possessing such pool or billiard
table will subject the owners of the establishment, their servants, agents and employees to
prosecution for a misdemeanor, and upon conviction shall be subject to such fine and
imprisonment as provided in this municipal code.
Chapter 5.28 Amendme~
Page 3
5.28.0 70 Duties of proprietor.
It shall be the duty of the proprietor or manager for each billiard hall or poolroom to maintain
and enforce a notice at the front entrance thereof to the effect that persons under the age of
fourteen years are prohibited from entering the same unless accompanied by a parent or legal
guardian. It shall be the duty of such owner, proprietor or manager to refuse admittance to any
minor under fourteen years of age, if not accompanied by parent or guardian.
5.28.090 Revocation of permit.
The violation of any of the foregoing provisions, or the violation or any law or ordinance,
punishable by fine or imprisonment, by the owners, proprietors or managers of such pool and
billiard hall; or the permitting of boisterous, rowdy and indecent conduct on the premises,
including the use of obscenity will subject any permit issued for such premises to revocation by
the City Council pursuant to the procedures set forth in Sections 5.01.140 through 5.01.150,
inclusive.
Consideration of City-initiated Amendment to Chapter 5.28 of the Campbell
Municipal Code Regulating Billiard Halls (Introduction of OrdinancefRoll Call
Vote)
This is the time and place for a public hearing to consider a City-initiated Amendment
to Chapter 5.28 of the Campbell Municipal Code Regulating Billiard Halls.
Senior Planner Fierro - Staff Report dated November 2, 1998.
Councilmember Dean expressed concerns regarding Section 5.28.050 Locking or
barricading doors and Section 5.28.060.Gambling, card tables, games and gaming.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished _to be heard.
Roger Rezaenouri, 601 Almarida Drive #E-3, Campbell, appeared before the City
Council and asked how the ordinance will be enforced should a "nuisance' develop.
Dan Bryant, 41 Heritage Village Lane, Campbell, appeared before the City Council and
stated that some members of the City Council had previously voted against changes to
this ordinance, and asked what might have occurred to change their opinion.
There being no one else wishing to speak, Mayor Watson closed the public hearing.
In response to Mr. Bryant, Councilmembers Watson and Conant stated that the
proposed ordinance contains safeguards which the previous proposal did not.
In response to Councilmember Dean's comments, City Attorney Seligmann
recommended the following revisions to the ordinance:
Section 5.28.050. Locking or barricading doors. No person shall keep any door or
entrance to any poolroom or billiard hall locked, barred or barricaded in such manner
as to make it difficult of access or ingress to police officers while two or more persons
are present in such room, except exits used exclusively for emergency purposes, and
no person shall visit or resort to any such locked, barred or barricaded room or place
protected in any such manner to make it difficult of access or ingress to police officers.
when two or more persons are present.
Section 5.28.060 Gambling, card tables, games and gaming. ' '
(a) No person shall permit any gaming or gambling of any kind or description
whatsoever for money or anything of value within any pookoom or billiard hall.
Minutes of 11/2/98 City Council Meeting
10.
M/S: DeanfDougherty - that the City Council introduce Ordinance 1974 amending
Chapter 5.28 of the Campbell Municipal Code, Pool and Billiard Halls, for f'u'st
reading with the amendments to 5.28.050 and 5.28.060 as noted, and direct staff to
review the issue of tournaments and bring back ordinance language for review at a
future date. Motion adopted by the following roll call vote:
AYES: Councilmembers: Conant, Furtado, Dougherty, Dean, Watson
NoEs: Councilmembers: None
The City Clerk read the title of Ordinance 1974.
M/S: Dougherty/Dean - that further reading of Ordinance No. 1974 be waived.
Motion adopted unanimously.
Application of Dennis Wong for General Plan Amendment from High Density
Residential to Professional Office and Zone Change from R-3 (Multiple Family
Residential) to PO (Professional Office) for property located at 14419 S. Bascom
Avenue and City-initiated Amendment to the Land Use Map of the General Plan
from Commercial designation to Low-Density Resident. iai designation for
properties located at 1200, 1210, 1224 & 1240 Abbott Avenue (Introduction of.
Ordinances/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Dennis
Wong for a General Plan Amendment from High Density Residential to Professional
Office and Zone Change from R-3 (Multiple Family Residential) to PO (Professional
Office) for property located at 14419 S. Bascom Avenue and City-initiated Amendment
to the Land Use Map of the General Plan from Commercial designation to Low-Density
Residential designation for properties located at 1200, 1210, 1224 & 1240 Abbott
Avenue.
Senior Planner Fierro - Staff Report dated November 2, 1998.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
Dan Bryant, 41 Heritage Village Lane, Campbell, appeared before the City Council and
expressed concerns regarding the General Plan.
There being no one else wishing to speak, Mayor Watson closed the public hearing.
M/S: Furtado/Dougherty - that the City Council grant a Negative Declaration for
the project; introduce Ordinance 1975 amending the Land Use Element of the
General Plan changing the land use designation of property located at 14419 S.
Bascom Avenue from High Density Residential to Professional Office and
amending the official Zoning Map Designation from R-3 (Multi-family Residential)
Minutes of 11/2/98 City Council Meeting 6
oty
Council
Report
Item:
Category:
Date:
New Business
November 2, 1998
TITLE
Consideration of an Amendment to Chapter 5.28 of the Campbell Municipal Code
Regulating Billiard Halls.
RECOMMENDATION
That the City Council introduce the amendments Chapter 5.28 of the Campbell Municipal
Code to modify the rules regulating billiard establishments.
BACKGROUND
The City. of Campbell Municipal Code regulates the operation of pool and billiard halls in
Campbell. Section 5.28.010 of the Municipal Code prohibits persons under the age of 21
in any pool or billiard establishment that serves alcoholic beverages. Therefore, if an
operator permits minors in his establishment, the service of alcoholic beverages is
prohibited. Under the current rules, any billiard establishment that proposes to serve
alcoholic beverages must first secure approval from the City Council with the
recommendation of the Chief of Police and Community Development Director.
The City currently has two billiard establishments in operation. One is "Campbell
Billiards" on-Campisi Way and the other is "Campbell Pool and Pizza" on Bascom
Avenue. Neither establishment serves alcoholic beverages since they allow minors. The
owner of"Pockets", a billiards establishment in downtown Mountain View has expressed
an interest in opening a pool hall in downtown Campbell. The Mountain View business
serves alcohol and minors are permitted under Mountain View codes.
Staff is finding that "upscale" billiard establishments in the 1990's such as "Pockets" in
downtown Mountain View and "The Glen" in Willow Glen provide evening
entertainment and activities to families and pool enthusiasts and are quite different than
the public nuisance image that has been associated with "pool halls" of the 1950's and
60's. ..
DISCUSSION
Under Section 5.28, Pool and Billiard Halls and Mechanical Amusement Devices, a Pool
and Billiard Permit is required when pool or billiard tables are located in a bar or tavern.
The presence of minors is prohibited, absent parental consent. ..
In working with the Chief of Police and the City Attorney, staff proposes amendments to
the Municipal Code that set forth guidelines for pool and billiard establishments to assure
that the operation is not injurious to the public health, safety, peace and welfare of the
community and will not be a burden on the public services such as police and safety.
resources.
Council Report - Novemoer 2, 1998
Amendment to Chapter 5.28 of the Campbell Municipal Code, Pool and Billiard Halls
Page 2
In addition to requiring a Pool and Billiard Hall Permit, the Zoning Ordinance requires
the approval of a Conditional Use Permit or Planned Development Permit for Pool and
Billiard Establishments where they are allowed by the district regulations. The new
language in this chapter allows the sale of alcoholic beverages in poolrooms, billiard halls
and pool and billiard establishments when a Planned Development Permit or Use Permit
is approved by the City Council or Planning Commission. Both of these permits require
notification of the property owners within 300 feet. The conditions under which minors
will be allowed in such businesses will be addressed in the conditions of approval of the
Use Permit or in the Planned Development Standards.
The proposed amendment also includes some clean up of the existing language. For.
example, the references in the title to "Mechanical Amusement Devises" is eliminated
since a previous amendment relocated those provisions to Chapter 5.30.
If this amendment is approved, the existing billiards establishments could apply for a Use
Permit or Planned Development Permit to allow the sale of alcoholic beverages when
minors are present.
ALTERNATIVES
1. Do not amend the Municipal Code or direct staff to 'make changes as deemed
appropriate.
2. Direct that additional modifications to the Code be prepared.
Attachments
1. Exhibit A, Draf~ Ordinance Amendment of Chapter 5.28.
2. Attachment 1, Chapter 5.28 with editing notations.
Prepared by: ~~?~ ~
~har~o~/~~r elTer
Reviewed byc.~~ ~.~~ ./-~-~
Steve elasecki, Communit~ Dev~opment Director
Reviewed by: ~ . ~\J
David Gullo, Police C~.ef ~.~ .
Reviewed by:
Wiiliam Seligrnan~ty Attorney
Approved by:
Bernard M. Strojny, City Manager
MEMORANDUM
CITY OF CAMPBELL
TO: Tim Haley DATE: August 4, 1995
Community Development Departm,ent
Ja~H~msley
C~y Clerk's Office
FROM:
SUBJECT: Amendment to Chapter 5.28 of Municipal Code - Pool, Billiard Halls and
Mechanical Devices
At its regular meeting of August 1, 1995, the City Council held a public hearing
to consider an amendment to Chapter 5.28 of the Municipal Code entitled Pool,
Billiard Halls, and Mechanical Devices.
After due consideration and discussion, the City Council decided not to give
first reading to this Ordinance amendment.
The City Council further denied on-sale beer sales at 1777 S. Bascom Avenue.
RECEIV O
CITY OF CA,v
PLANNING DEPT
13.
Amendment to Chapter S.28 of Municipal Code - Pool, Billiard Halls and
Mechanical Devices (Introduction of Ordinance/Roll Call Vote)
This is the time and place for a public hearing to consider an ~mendment to Campbell
Municipal Code, Chapter 5.28 - Pool, Billiard Halls and Mechanical Devices.
Associate Planner Haley - Sulff Report dated August 1, 1995.
Discussion followed at which time Councilmcmbers expressed their concerns regarding
extending the hours of operation to 4:00 a.m.; serving alcohol where minors are present;
how to ensure that the sale of alcohol to minors will not occur; and concerns that the
proprietor wants to create a family oriented business, bm yet serve alcohol and remain
open until 4:00 a.m.
Mayor Burr declared the public hearing open and asked if anyone in the audience wished
to be heard.
Paul Namkoong, Owner of Campbell Billiards, 1777 S. Bascom Avenue, Campbell,
appeared before the Council and stated that he is requesting the proposed changes for
economic reasons so that his business can remain competitive with other similar
establishments. Mr. Namkoong also stated that he plans to s~ay open until 4:00 a.m. on
Friday and Saturday only, and would be willing to do so on a "trial" basis.
There being no one else wishing to be heard, Mayor Burr closed the public hearing.
Vice Mayor Dougheny suggested thru the hours be extended to 4:00 a.m. on a trial basis
for 6 months, and asked if the ordinance could be changed if the extension of hours
created problems.
City Attorney Seligmann stated that the City Council could amend the ordinance back to
a 2:00 a.m. closing time without any vesting rights issues.
Councilmember Wilkinson expressed his concern about a 4:00 a.m. closing time and the
sale of alcohol where minors are present.
Councilmember Watson stated that she would not support extending the hours to 4:00
a.m., even on a trial basis, and would not approve the sale of beer where minors are
present in this type of establishment.
Councilmember Conant expressed her concerns regarding the image of the community,
alcohol being served where young people are present, and the 4:00 a.m. closing time.
Mayor Burr expressed concern about the 4:00 a.m. closing time, but could support the on-
sale beer sales if it is enforced properly by the owner and the police department.
Minutes of 8/1/95 City Council Meeting 6
Vice Mayor Dougberty made a motion to take first reading of the proposed amendments
to the ordinance further amending sub~'tion (d) of Section 5.28.030 to state every
billiard hall or pool room shall be closed between the hours of 2:00 and 6:00 a.m. of each
day. Motion died for a lack of a second.
M/S: Watson/Conant - that the proposed amendments to Chapter 5.28 not be
approved. Motion adopted by the following roll call vote:
AYES: Councilmembers: Watson, Conant, Wilkinson, Burr
NOES: Councilmembers: Dougherty
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
14. Response to Sign-sational letter re: Temporary Signage
Community Development Director Piasecki - Staff Report dated August 1, 1995.
Catherine Patrick, 760 West Valley Drive, Campbell, appeared before the Council and
spoke against changing the sign ordinance to allow additional temporary signage.
M/S: Watson/Conant - that the Sign Ordinance not be reviewed to consider
weekend directional signs within the public right of way. Motion adopted
unanimously.
15. Approval of Conceptual Plan - San Tomas Neighborhood Park
Public Works Director Kass - Staff Report dated August 1, 1995.
Public Works Director Kass stated that the Parks and Recreation Commission held a
special meeting to consider the final conceptual plan for the park on .July 26, 1995, and
for the record, noted the comments made by the Parks and Recreation Commission.
Public Works Director Kass recommended that these comments be incorporated into the
final design process.
David Bopf, Chairperson of the Parks and Recreation Commission, appeared before the
Council and spoke in support of the conceptual plan, and thanked the City Council and
staff for allowing an opportunity for the Commission and community to provide input for
this exciting project.
Minutes of 8/1/9S City Council Meeting ?
oty
Council
Report
1TEM NO:
CATEGORY:
MEETING DATE:
Public Hearing
August 1,1995
TITLE
Public Hearing to consider amendments to Chapter 5.28 (Pool, Billiard Halls and
Mechanical Amusement Devices) of the Campbell Municipal Code:
RECOMMENDATION
That the City Council take actions:
1. Take first reading of the attached Ordinance amending Chapter 5.28 -- Pool,
Billiard Halls and Mechanical Amusement Devices)
2. Take minute action approving on sale beer sales at 1777 S. Bascom
Ave.(Campbell Billiards).
Environmental Determination: The proposed revisions to this Ordinance do not
constitute a project under the California Environmental Quality Act (CEQA) hence
no environmental review is necessary.
BACKGROUND
The current city ordinance which regulates billiard halls does not permit the sale of
beer or alcoholic beverages when minors are permitted within a billiard or pool hall.
The owner of Campbell Billiards has submitted a request that these regulations be
amended to reflect the following changes:
· Allow the sale of beer in a pool or billiards hall where minors are also permitted.
· Allow operational hours until 4 am versus 2 am and
· Allow minors within a facility if accompanied by an adult
The owner of Campbell Billiards has indicated that the character of billiard halls has
changed in recent years becoming more of a family recreational and entertainment
activity. Additionally, for his business to remain competitive it is necessary to
provide similar services and amenities provided at other recently opened
establishments in the area.
ANALYSIS
The proposed revisions before the City Council at this time would allow a pool or
billiard hall to sell beer where minors are also permitted, subject to an approval
process before the City Council. All pool or billiard halls are required to obtain
approval of a conditional use permit from the Planning Commission and a permit
from the City Council. Staff believes that adequate review procedures are in place to
ensure that such a business operation is compatible to the surrounding uses and is
not detrimental to general welfare of the community.
City Council Report - August 1, 1995
Amendment to CMC Chapter 5.28
Page 2
Additionally, the presented amendments could allow operational hours until 4 a.m.
Staff finds that such operational hours may be acceptable within commercial or
industrial areas where residential uses would not be impacted.
These amendments have been reviewed by the Police Department and the proposed
amendments should not result in an increased demand for Police Services with
proper management of these facilities.
Planning Commission Action: The Planning Commission at its meeting of April 25,
1995 approved modifications to Campbell Billiards conditional use permit approval
to allow beer sales and expanded operational hours until 4 a.m., if the City Council
amended this chapter of the municipal code.
FISCAL IMPACT
None
ALTERNATIVES
1. Deny the proposed amendments
Request modifications to the proposed ordinance amendments reflecting other
restrictions on pool or billiard parlors when alcohol is sold or different
limitations on operational hours.
Attachments:
1. Draft Ordinance Changes - Chapter 5.28
2. Letter from Paul Namkoong dated 3/13/95
3. Planning Commission Resolution No. 2976
4. Planning Commission Minutes Excerpts from 4/25/95 Meeting.
City Council Report - August 1, 1995
Amendment to CMC Chapter 5.28
Page 3
PREPARED BY:
y, Associate Planner
PREPARED BY:
REVIEWED BY:
Steve Plaseckl, Community Development Director
REVIEWED BY:
J~st, Chie/'~f Police
APPROVED BY:
Mark J. Ochenduszko, City Manager
Attachment #4
Planning Commission Minutes of April 25,1995
Page 16
This recommendation will be forwarded to City Council om M.~y i6, 1995.
Chairwoman Meyer-Kennedy read Agenda Item No. 3 into the record.
3. M 95-O2
Public Hearing to consider the application of Mr. Paul Namkoong
for approval of a Modification to a previously-approved Use Permit
CuP 93-04) to allow extended hours of operation and a beer license
for an existing billiards parlor located at 1777 S. Bascom Avenue in
a C-2-S (General Commercial) Zoning District.
Mr. DarryI Jones, Senior Planner, presented the staff report as follows:
· Applicant is seeking an extension of his Use Permit to allow extended hours
of operation, with dosing time from 2 a.m. to 4 a.m., and beer sales.
Site is a 6,200 square feet commercial complex. Applicant is utilizing 33% of
the building space.
Police has reviewed the request and supports with the following conditions:
A. Limit minors while beer is being sold which is a Municipal Code
requirement until that code can be amended.
B. Limit the hours of operation to 2 a.m. until the Municipal Code can be
amended to allow hours of operation to 4 a.m.
The Police Department is working on the above amendments to the
Municipal Code. Whe;, passed, the applicant's request will be allowed.
Commissioner Lowe asked how minors would be allowed.
Mr. Darryl Jones replied that the modification to the Municipal Code being sought
by the Police Department will allow minors to patronize the establishment under
the supervision of an adult.
Commissioner Alne asked whether Police had reviewed this request.
Mr. Darryl Jones replied that they had.
Commissioner Alne stated that no beer could be sold between 2 a.m. And 4 a.m.
Mr. Paul Namkoong, Applicant, addressed the Commission as follows:
He is faced with a lot of competition in the area with many new facilities.
He aLso owns Shoreline Billiards in Mountain View which was recently
selected as one of the top five places for mothers and daughters to go out
together.
Extended hours are requested for weekends only and not during the week.
Plarmin[~ Commission Minutes of April 25, 1995 Page 17
Only beer will be served. His competitors have beer licenses.
Some cities allow minors to patronize such establishments if accompanied by
an adult.
Commissioner Aine clarified that during hours beer is being sold, adults must
accompany minors.
Mr. Namkoong replied that Commissioner Alne was correct
Mr.
Paul Namkoong:
Spoke with property owner regarding trees.
Much construction has been done on Bascom in recent months. Where
there used to be a street tree, today there are many uffiity vaults, a new
streetlight, an old streetlight, a sign, a trash receptacle and a bench.
As for the retaining wall that must be removed, there are two walls there.
One belongs to Jack-In-The-Box. On this side of the wall there is a side main
and back flow devices. Owner would like to leave the wall up.
Glad to plant the other two required trees but will need to speak with Erik's
Deli as the tree will block their sign.
Mr. Darryl Jones responded:
· That the City was aware of the previous tree well and underground utilities
and is willing to change location for the street tree if necessary.
· The wall on the Jack-In-The-Box lot was supposed to be removed as part of
the recent remodel.
· Additional landscape screening can be placed to block view of the water main
and back flow devices currently obscured by the wall on site.
· If the proposed location for trees obscures the Erik's Deli sign, staff can work
with the applicant to find an alternate location for the required trees.
Chairwoman Meyer-Kennedy asked whether these outstanding issues could be
dealt with at staff level.
Mr. Darryl Jones and Mr. Paul Namkoong both replied that they could.
MO~O~
On motion of Commissioner Lindstrom, seconded by
Commissioner Higgins the Planning Commission moved to close
the Public Hearing (6-0-1; Commissioner Perrine was abeent for
this vote).
MOTION:
On motion of Commissioner Higgins, seconded by Commissioner
Lowe, the Planning Commission moved to adopt Resolution
2976, recommending approval of M 95-02, by the following roll-call
vote:
Plannin~ Commission Minutes of April 25,1995
Page 18
AYES: Alne, Higgins, Keams, Lindstrom, Lowe, Meyer-Kennedy
NOES: None
ABSENT: Perrine
ABSTAIN: None -'
Commissioner Lindstrom asked it: the project was approved as presented.
Mr. Darryl Jones replied that the project is approved subject to staff approval of
outstanding issues.
Chairwoman Meyer-Kennedy read Agenda Item No. 4 into the record.
4. GP 95-04
Public Hearing to consider the City-initiated application to
consider amendments to the Land Use and Safety Elements of
the General Plan (GP 95-04) to incorporate the applicable
portions of the Santa Clara County General Plan allowing the
implementation of the County's Hazardous Waste
Management Plan (CHWMP).
Mr. Darryl Jones, Senior Planner, presented the staff report as follows:
Staff is working to comply with State and County requirements regarding
hazardous waste.
· The County Plan has not yet been available for City review.
· On Thursday, April 27, 1995, the County is sponsoring a program on how to
comply with State requirements.
· Staff recommends that this matter be continued to a date uncertain.
Chairwoman Meyer-Kennedy opened the Public Hearing on Item No. 4.
MOTION:
On motion of Commissioner I-Iiggins, seconded by Commissioner
Lowe, the Planning Commission moved to continue GP 95-04 to a
date uncertain (6-0-1; Perrine was absent for the vote.)
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director, was
accepted as presented.
Commissioner Kearns asked for clarification regarding the plans for the new park
Attachment #3
RESOLUTION NO. 2976
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A MODIFICATION TO A PREVIOUSLY-APPROVED
CONDITIONAL USE PERMIT TO ALLOW THE
EXPANSION OF OPERATIONAL HOURS AND AN .ON~
SITE BEER LICENSE FOR AN EXISTING BILLIARDS
PARLOR LOCATED AT 1777 S, BASCOM AVENUE IN A C-
2-S (GENERAL COMMERCIAL) ZONING DISTRICT, FILE
NO, M 9502,
After notification and hearing on the application of Mr. Paul Namk~g for
a Modification to previously-approved Conditional Use Permit CUP 9304) to
allow the expansion of operational hours and on-site beer license, as per the
application Fried in the Planning Department; and, after presentation by City
Staff, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. M 95-02:
1, The location of the building and the on site improvements shah provide
reasonable vehicular and Pedestrian circulation.
e
A total of 107 parking spaces will be provided which has been
determined by the Planning Division to adequately serve the proposed
use and all other uses on site.
The proposed change in operational hours until 4 a.m. On Fridays and
Saturdays is considered compatible to the surrounding uses.
e
No substantial evidence has been presented which show that the project,
as currently presented, and subject to the required conditions, would
have a significant adverse impact on the environment.
The allowance of beer sales is considered compatible to other uses in the
center and neighborhood.
Therefore, the Planning Commission, hereby, also finds in conclusion that:
The establishment, maintenance, or operation of the use applied for will
not be detrimental to the health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of such
proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
Resolution No. 2976
M 95-02 - 1777 S. Bascom Avenue
Page 2
The proposed site, as modified by the Conditions of Approval, is
adequate in size and shape to accommodate, the walls, fences, parking
and loading facilities, landscaping and other development features
required in order to integrate said use with uses in the surrounding area.
The proposed site is adequately served by streets of suffident capadty to
carry the kind and quantity of traffic such use would generate.
4. The proposed use is compatible with the uses in the area.
The proposed project is in conformance with the polities contained in
the City of Campbell Zoning Ordinance, and the City of Campbell
General Plan.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances of the City of Campbell
and the State of California that pertain to this development and are not
herein spedfied.
Approved Project:
A. Project Approval shall comply with applicant's business description
provided in his letter dated March 23, 1995, and project site plan and
floor plan as a-=ended by the Conditions of Approval.
B. Hours of Operation Sunday through Thursday 10 a.m. to 2 a.m.
Friday and Saturday 10 a.m. to 4 a.m.
C.
Alcoholic Beveraees
1. Alcohol sales shall be restricted to beer sales only.
Applicant shall comply with all State of California Alcohol
Beverage Control (ABC) requirements and procedures.
Applicant shall comply with Chapter 5.28 in relationship to the
allowance of minors on the premises.
Use Permit Approval
A. Applicant shall comply with all previous Conditions of Approval
provided in Planning Commission Resolution No. 2851 except as
modified for beer sales and operational hours.
Resolution No. 2976
M 9S-02 - 1777 S. Bascom Avenue
Page 2
IV.
Landsca_~ Plan/F~n~in?
A. Applicant shall submit a landscape and fencing plan, subject to
review and approval of the Communit~ Development Director,
addressing the following:
Installation of three 15*gallon street trees at locations
designated on the site plan per Su-eetscape Standards.
Removal of existing slumpstone wall along northerly property
line adjacent to landscape area.
Six Month Review: This use permit shall be subject to review by the
Planning Commission in the event that complaints are received
regarding this use within the first six months of operation with modified
hours.
PASSED AND ADOPTED this 25th day of April, 1995, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alne, Higgins, Lindstrom, Lowe, Meyer-
Kennedy
None
Perrine
None
APPROVED:
S~~ Jane Meyer-Kennedy, Chair
ATTE ·
July 17,1995
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Coundl of the City of Campbell has set
the time of 7:30 p.m., or shortly thereafter, on Tuesday, August 1,1995, in the
City Hall Council Chambers, 70 North First Street, Campbell, California, for a
public hearing to consider the City Initiated Amendment to Chapter 5.28
(Pool, Billiard Halls and Mechanical Devices) to allow modifications to
operational restrictions in terms of alcohol sales and operational hours for
billiard halls. (TA 95-03)
Interested persons may appear and be heard at this hearing. Please be advised
that if you challenge the nature of the above project in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this Notice, or in written correspondence delivered to
the City of Campbell City Council at, or prior to , the public hearing.
Questions may be addressed to the Planning Office at (408) 866-2140.
In compliance with the Americans with Disabilities Act, listening assistive
devices are available for all meetings held in the Council Chambers. If you
require accommodation, please contact the City Clerk's Office at 866-2117, at
least one week in advance of the meeting.
PLEASE NOTE:
When calling about this Notice,
please refer to File No. TA 95-03
MEMORANDUM
To: Distribution
Associate Planfler
Date:
June 19, 1995
Subject: ]~ya_f't Amendments -- CMC 5.28.010,5.28.040 & 5.28.050
CITY OFCAMPBELL
In response to Mr. Namkoong's request the Planning Department has drafted the following changes
to Sections 5.28.010, 5.28.040 and 5.28.050 of the Campbell Municipal Code. Please review this
language to see if it is acceptable and return any comments to me by June 23,199s. If these changes
are acceptable, these amendments will be scheduled for the July 18,1995 City Council meeting.
5.28.010 Billiard and pool tables in taverns and pool rooms
(a) Until a permit has first been obtained therefor from the city council upon written application
approved by the chief of police, the fire marshall, and the zoning officer as herein provided, no pool
table...
No person under the age of twenty one years shall be permitted to play pool or billiards in a tavern
or bar, or in establishments where alcoholic beverages are sold except as provided in section
5.28.040
5.28.040 Gambling, card tables, games and liquor
(c) No alcoholic beverages, or vinous or maltose beverages shall be sold, served or distributed in any
billiard hall or poolroom where minors under the age of 21 years are permitted to enter, unless
specific approval has been granted by the Planning Commission.
(d) Every billiard hall or poolroom shall be closed between the hours of four ~m. and six a.m. of
each day.
5.28.050 Duties of proprietor
It shall be the duty of the proprietor or manager for each billiard hall or poolroom to maintain a
notice at the front entrance thereof to the effect that persons under the age of 18 years must be
accompanied by a parent, legal guardian or an adult over twenty-one or have in his or her
possession, written consent given by his or her parent or legal guardian that said minor may enter
and use the pool and billiard hall facilities. Such consent ....
Distribution:
Jim Cost, Chief of Police
Paul Kern,
William Seligmann, City Attomey
Darryl Jones, Senior Planner
Steve Piasecki, Community Development Director
Attachments:
Letter from Paul Namkoong dated 3/13/95
Campbell Municipal Code, Chapter 5.28
· Please note new language is underlined.
MEMORANDUM
CITY OFCAMPBELL
To: William Seligrnann Date: May 10, 1995
City Attorney ~
Associate Planner
From:
Subject: PyoDosed Amendments to Chapter 5.28 of the Campbell Municipal Code
The Planning Commission, at its meeting of April 25, 1995, considered the application of
Paul Namkoong to modify his previous approval for a billiards parlor at 1777 S. Bascom
Avenue. The specific request that was approved by the Planning Commission requires
changes to the Campbell Municipal Code in regards to billiard parlors. More specifically,
the changes necessary will allow minors in billards parlors where alcohol sales are
permitted as well as a modification to operational hours of billiard parlors beyond 2 a.m. in
the morning. I have enclosed a note from Paul Namkoong to Paul Kern which outlines the
recommended language changes that he feels are necessary to accomplish his requested
changes in his operation. Additionally, I have enclosed a copy of the current Municipal
Code which regulates these various sections.
It appears that modifications would need to be made to Section 5.28.010(A) and
5.28.040(C & D). It would be helpful if you could review Mr. Namkoong's request and
direct us to modify the various sections of the Ordinance. If you would like the Planning
staff to draft specific provisions, please do not hesitate to give me a call. It is anticipated
that we would bring forward modifications to the current Ordinance to the City Council in
early June.
Please contact me at (408) 866-2144, if you have any questions. Thank you in advance
for your cooperation and review of this matter.
Paul Kern, Police Department
Darryl Jones, Senior Planner
Campbell
BILLIARDS
1777 South Bascom Avenue
Campbell, CA 95008
408-377-9886
TO:
FROM:
DATE:
RE:
Sgt. "PK" Kern
Paul Y. Namkoong
March 27, 1995
USE PERMIT MODIFICATION
Below are the changes to code necessary for consideration
to modify the use permit.
Pg. 85 5.28.040
* (c) ..... under the age of eighteen years unless
accompanied by parent or adult over twenty-one
years of age.
(d) ..... hours of 4 a.m. and 6 a.m. of each day.
*Regarding (c) above, state liquor laws forbid anyone
under 21 to be within the premises where hard liquor or
spirits are sold. However, persons under 18 are permitted
where beer is sold.
Pg. 84-2'5.28.010
(a) (last line) ..... where alcoholic beverages are
sold except as provided in section 5.28.040.
Campbell
BILLIARDS
1777 South Bascom Avenue
Campbell, CA 95008
408-377-9886
March 23, 1995
Planning Commission
City of Campbell
70 North First Street
Campbell, California 95008
RE:
Modification of Existing Use Permit
of Campbell Billiards
RECEIVED
2 1995
CiTY OF CAMPBELL
PLANNING DEPT.
Dear Members:
This is to request modification of an existing use permit. The
request is being made for economic reasons. The circumstances
are as follows:
Competition from five new billiards rooms has had an
adverse effect on my business. Revenues are down 35%
below 1994 levels. These five rooms opened within the
last 12 months.
These new rooms, especially Almaden Billiards (on
Almaden Expressway and Chenowyth), offer beer and wine
along with their billiards operations. All but one,
South First Billiards which has a full bar, also allow
those under 21 years of age to use their facilities.
Some have no age restriction at all (depending on the
city); none has a restaurant operation but they have
substantial snack bars as does mine.
My billiards room is considered an upscale room that
does not cater to professional players but rather to
those of all ages seeking recreational and social
activities. Families play here as do young adult
organizations.
I have purposely waited to see.if my non-beer environ-
ment would hurt my business in light of the new
billiards rooms that opened this last year. It has.
I have lost regular Campbell customers to other rooms
because of the beer offerings. I have lost corporate
groups and company outings to others who serve beer.
Use Permit Modification - 2
March 23, 1995
My room is actively managed-.b~ the owner, has never
had any problems whatsoever and will continue to be
a safe, respectable and enjoyable place.
In addition, I am an instructor certified by The
Billiard Congress of America and have provided in-
struction to people of all ages, both in private
lessons and in group lessons through such agencies
as the City of Campbell Recreation and Community
Services.
Thus, I am asking for the following modifications:
1. Permission to sell beer until 2 a.m.
Extension of hours of the billiards operation until
4 a.m. (10 a.m. - 4 a.m.).
Opening until 4 a.m. on weekends will generate
about six tables (10-15 people) per hour or
about $1,100 in revenue monthly.
Allow only those 18 and over into the facility
unless accompanied by an adult over 21. (This
may require a code change.) Or allow anyone over
21 and allow anyone under 21 to be accompanied by
an adult over 21 (not legal guardian).
The sale of beer will account for around 15-20% of my business.
It will not increase the demand for parking, and it will not in-
crease any traffic in the area.
The offering of beer will simply mean the offering of another
beverage of choice to customers. No modification of the seating,
no construction of a bar or the like will take place.
Thank you for your consideration.
questions you may have.
I will be glad to answer any
Respectfully submitted,
Paul Y. Namk0~
Owner and Manager
{408) 274-2441 home
{408) 377-9886 work
Campbell
BILLIARDS
1777 South Bas¢om Avenue
Campbell, CA 95008
408-377-9886
March 13, 1995
Sgt. "PK" Kern
Administrative Divisi, on
Police Department
70 North First Street
Campbell, California 95008
Dear Sgt. Kern:
To confirm our conversation of last week, I will be submitting
an application by March 27, 1995 to modify my use permit to
include the sale of beer on premises. As we discussed in your
office, I will not be adding or building a bar but simply pro-
viding another beverage to my customers.
As I stated, this decision is an economic one as my business has
lost 35% of its customers to the five new billiard parlors that
have opened up in the last year. The main reason is that four of
them offer beer and/or alcoholic beverages. Further, all but one
of these facilities allow minors to use the premises. The one
that does not has a full bar.
I want to thank you in advance for pursuing the "age" matter with
the City Attorney. I would like to allow customers 18 and over
into my facility and those below 18 with an accompanying adult.
The reasons for this are:
My facility is a modern, upscale, well-lighted, properly-
managed billiard parlor.
2. Families play here.
I am a certified instructor and give lessons to all age
groups through agencies such as the City of Campbell
Recreation and Community Services.
Parents have used our facilities for birthday parties and
gatherings for groups of young adults under 18 years of age.
The corporate gatherings and company outings could now
stay in Campbell inste0d of going elsewhere.
Page 2
If necessary I could separate the playing areas into adult
and non-adult areas.
j
We will not attract any undesirable element because my
philosophy is to cater to non-professional players, women,
young adults and couples. My facility has a reputation of
being a more upscale, non-professional-player type of room.
Needless to say, I need your assistance in regaining some lost
business.
Thank you for your time and efforts in this matter. I will be
glad to answer any questions or give you a personal tour of
my facility.
Sincerely,
Paul Y. Namkoong
Owner and Manager
cc: Tim Haley