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CC Resolution 1169911699 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAIMENT PERMIT TO MARIO LLEVERINO FOR THE BUSINESS COMMONLY KNOWN AS CIANO'S MODERN LATIN FLAVORS, LOCATED AT '280 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 Mario Lleverino to allow live entertainment for Ciano's Modern Latin Flavors located at 280 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 Mario Lleverino on behalf of Ciano's Modern Latin Flavors to allow live entertainment at the property located at 280 East Campbell Ave subject to the following conditions: 1. The hours for live entertainment shall be from Thursday thru Saturday from 6:00 pm to 10:00 pm, Sundays from 5:00 pm to 9:00'pm, and 2:00 pm to 10:00 pm on six (6) specific days of the calendar year, which shall be pre-approved by the Community Development Department. 2. All doors and windows shall remain closed during live entertainment performances. No amplified live entertainment shall be permitted and no live entertainment shall be allowed outdoors. 3. Noise levels shall not be audible to a person of normal hearing capacity from any residential property and at no time shall live entertainment be heard more than 50 feet from the business. 4. The applicant is aware that if the live entertainment creates a continued public nuisance or there are verified noise complaints, the Community Development Director may immediately modify the business hours/hours of operation, subject to the project being brought back to the Planning Commission for review. PASSED AND ADOPTED this 17~h day of June, 2014 by the following roll call vote: AYES: Councilmembers: Baker, xotowski, Cristina, Waterman NOES: Councilmembers: None ABSENT: Councilmembers: Low ATTEST e Anne Bybee, City Clerk ~e Mayor