CC Resolution 11506RESOLUTION N0. 11506
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF ASEMI-ARCADE PERMIT TO
KHARTOUM'S, LOUNGE LOCATED AT
300 ORCHARD CITY DRIVE, SUITE 101, CAMPBELL CA 95008
WHEREAS, after notification and public hearing and presentation by the Police
Department, after due consideration of all the evidence presented, the City Council
does find as follows:
(a) Subject to the conditions below, the operations under the proposed application
should not be contrary to the public health, safety, peace, and welfare of the
neighborhood or city as a whole, or would constitute a public nuisance.
(b) Subject to the conditions below, the proposed operations should not
constitute a violation of applicable law.
(c) The application does not appear to contain misrepresentation of a
material fact by the applicant.
(d) The evidence does not show that the applicant has operated similar
establishments with a history of any grounds for denial.
(e) Subject to the conditions below, the proposed establishment, due to its nature,
location, or operation, should not cause an undue misallocation of police and
safety personnel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby grant aSemi-Arcade permit to Khartoum's, Inc. subject to the following
Conditions of Approval:
1. Definition: Asemi-arcade is defined as any business establishment which has
located within or attached to the premises any room or separated area designed
for housing amusement devices which contains more than two but less than ten
such devises. There shall not be more than ten amusement devices on the
premises.
2. Gaming: No gaming is permitted in the business establishment or the owners,
agents and employees are subjected to prosecution for a misdemeanor whereby
a fine and imprisonment is possible upon conviction.
3. Police Inspection: The semi-arcade shall be subject at all times to police
inspection and supervision for the purpose of ascertaining if the provisions of
Campbell Municipal Code 5.30 are being observed. No personnel shall hinder,
obstruct or delay any police officer from entering the semi-arcade.
4. Locking or Barricading Doors: No door or entrance to the semi-arcade shall be
locked, barred or barricaded in such a manner to make it difficult of access or
ingress to police officers while two or more persons are present in the semi-
arcade.
5. Gambling Card Tables and Slot Machines No gambling of any kind or
description or playing any amusement device or any games whatsoever for
money or anything of value within the semi-arcade is permitted. No card tables
shall be kept or any card games played or allowed in the semi-arcade. There
shall be no mechanical amusement device which contains a payoff device for the
return of slugs, money, coins, checks, token or merchandise.
6. Duties of Proprietor: It shall be the duty of the proprietor or manager of the semi-
arcade to ensure that an adult (21 years or older) be in charge of the semi-
arcade at all times that it is open to the public.
7. Admittance to Semi-Arcade: The establishment which contains the semi-arcade
and has the primary business of the sale of alcohol shall prohibit the entry of any
person under the age of twenty-one years.
8. Impounding: Any mechanical amusement device operated or maintained in
violation of any law of the state, of any provision of the Campbell Municipal Code,
of any conditions upon which this permit is granted, or of any lawful order of the
chief of police is a public nuisance and shall be impounded by the chief of police.
9. Approval Expiration: The semi-arcade permit shall be valid in perpetuity, subject
to good standing and annual business license renewal.
10. Hours of Operation: The hours of operation for business shall be 11:00 am -
2:00 am Monday through Friday and 9:30 am through 2:00 am Saturday and
Sunday. The operational hours shall be 9:00 am - 2:30 am Monday through
Friday and 7:00 am - 2:30 am Saturday and Sunday.
11. Revocation of Permit: The violation of any provisions of Campbell Municipal
Code 5.30 or the permitting of boisterous, rowdy or indecent conduct will subject
the permit to be revoked by the city council (Municipal Code 5.30.100)
PASSED AND ADOPTED this 5th day of February 2013, by the following roll call vote:
AYES: Councilmembers: xotowski, Cristina, Baker, Waterman, Low
NOES: Councilmembers: N°ne
Absent: Councilmembers: None
/ ;:
APPROVED•--" i'~
v'
Evan L ayor
ATTEST• ''"~
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Anne ybee, City Clerk