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CC Resolution 11609RESOLUTION NO. u6o9 A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAIMENT PERMIT TO CAROL POUYA FOR THE BUSINESS COMMONLY KNOWN AS TESSORAS BARRA DI VINO, LOCATED AT 234 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 Carol Pouya to allow live entertainment for Tessoras Barra di Vino located at 234 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 Carol Pouya on behalf of Tessoras Barra di Vino to allow live entertainment at the property located at 234 East Campbell Ave subject to the following conditions: 1. The hours of operation for live entertainment shall be restricted to Fridays and Saturdays from 8:00 pm to 11:00 pm, and Sundays from 2:00 pm to 7:00 pm. 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 Live Entertainment shall only be allowed inside the business. 4. 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 15th day of October, 2013 by the following roll call vote: AYES: Councilmembers: xotowsxi, Cristina, Baker, Waterman, Low NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Evan Low, Mayor ATTEST Anne Bybee, City Clerk