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CC Resolution 11535RESOLUTION NO. ilsss A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAIMENT PERMIT TO LARRY SCHAADT FOR THE BUSINESS COMMONLY KNOWN AS REGALE WINE BAR, LOCATED AT 400 EAST CAMPBELL AVE., CAMPBELL, CALIFORNIA. WHEREAS, 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 Larry Schaadt to allow live entertainment for Regale Wine Bar located at 400 East Campbell Ave. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves a Live Entertainment Permit and Resolution to Larry Schaadt on behalf of Regale Wine Bar to allow live entertainment at the property located at 400 East Campbell Ave subject to the following conditions: 1. The hours of operation for live entertainment shall be restricted from 6:00 pm to 10:00 pm Sunday through Saturday. The live entertainment shall be limited to no more than four musicians playing at any one time. 2. 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. 3. 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 16th day of April, 2013 by the following roll call vote: AYES: Councilmembers: xotowski, Cristina, Baker, Waterman, Low NOES: Councilmembers: None ABSENT: Councilmembers: AFO°e APPROVEp: /~ ~~~ ~~ ~_ Evan Low, Mayor ATTEST: .` ~~. nne Bybee, City Clerk