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CC Resolution 11481RESOLUTION NO. iiasi A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAIMENT PERMIT TO NICHOLAS GERA FOR THE BUSINESS COMMONLY KNOWN AS VILLA RAGUSA, LOCATED AT 35 S. SECOND ST., CAMPBELL, CALIFORNIA. 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 employee, 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 Nicholas Gera to allow late night activities and live entertainment for Villa Ragusa located at 35 S. Second St. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves a Live Entertainment Permit and Resolution to Nicholas Gera on behalf of Villa Ragusa to allow late night activities and live entertainment at the property located at 35 S. Second St. subject to the following conditions: 1. The hours of operation for live entertainment shall be restricted from 8:00 am to 11:00 pm Sunday through Thursday and Friday, Saturday and holidays from 8:00 am until Midnight. The live entertainment shall be limited to disc jockey and bands providing entertainment in conjunction with and ancillary to events held within the banquet hall; 2. The hours of operation for live entertainment on New Year's Eve shall be from 8:00 am to 1:00 am. The live entertainment shall be limited to disc jockey and bands providing entertainment in conjunction with and ancillary to events held within the banquet hall. 3. Live entertainment shall be arranged and paid for by the clients of the banquet hall facility; 4. All Bartenders and wait staff who serve alcohol must obtain ABC LEADS training within 30 days of hire; 5. Noise levels shall not be audible to a person of normal hearing acuity from any residential property located south of Orchard City Dr.; 6. No audio sound system, music, public address system or speakers are permitted outside of the building; 7. 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 permit. PASSED AND ADOPTED this 20th day of November, 2012 by the following roll call vote: AYES: COUr1CllmemberS: Cristina, Baker, Waterman, Low, Kotowski NOES: Councilmembers: None None ABSENT: Councilmembers: APPROVED: l-~f~,~_ -E i Michael F. Kotowski, Mayor ATTEST: % n ~'~_, Anne Bybee, ity Clerk