Loading...
CC Resolution 12110RESOLUTION NO. 12110 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ,ISSUANCE OF AN ARCADE PERMIT TO DAVID RAMSAY OF LVL UP, FOR PROPERTY LOCATED AT 400 EAST CAMPBELL AVENUE. 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: 1. 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; 2. Subject to the conditions below, the proposed operations should not constitute a violation of applicable law; 3. The application does not appear to contain misrepresentation of material fact by the applicant; 4. The evidence does not show that the applicant has operated similar .establishments with a history of any grounds for denial; 5. 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. 6. The application is consistent with the Conditional Use Permit approved by the Planning Commission for establishment of an arcade within an approved restaurant space. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Gity of Campbell does hereby grant an Arcade Permit to David Ramsay on behalf of LVL UP, subject to the following conditions of approval: 1. Definition: An arcade is defined as any business establishment which has ten or more amusement devices located within 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 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 ar delay any police officer from entering the arcade. City Council Resolution No. 12110 Page 2 of 3 Arcade Permit - 400 E. Campbell Avenue 4. Locking or Barricading Doors: No door or entrance to the 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 arcade. 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 arcade is permitted. No card tables shall be kept or any card games played or allowed in the 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 arcade to ensure that an adult (21 years or older) be in charge of the arcade at all times that it is open to the public. 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. Approval Expiration: The arcade permit shall be valid in perpetuity, subject to good standing and annual business license renewal. 9. Hours of Operation: The hours of operation for the arcade shall be Sunday, 11:00 am -10:00 pm, Monday through Wednesday, 4:00 pm -10:00 pm, Thursday through Friday, 4:00 pm -11:00 pm and Saturday, 11:00 am -11:00 pm. 10.Conditional Use Permit Arcade Standards: The approved arcade within the restaurant shall comply with the following standards as provided for in Planning Commission Resolution No. 4339. Violations of these standards or any other standards of this Arcade Permit shall also constitute a violation of the Conditional Use Permit. a. Number of Machines: The arcade shall be limited to twenty one (21) arcade and pinball machines, the composition of which shall be subject to review and approval by the Community Development Director to ensure adequate disabled access and sufficient dining area. b. Types of Arcade Machines: All arcade machines shall be cabinet (upright) arcade games. Personal computers or game consoles {e.g., Xbox, PlayStation, Wii, etc.) are prohibited. c. Placement of Machines: All arcade and pinball machines shall be placed along the perimeter walls of the restaurant as determined by the Community Development Director. d. Alcohol Service: Customers shall be prohibited from consuming or ordering alcoholic beverages while playing arcade games. City Council Resolution No. 12110 Page 3 of 3 Arcade Permit - 400 E. Campbell Avenue e. Arcade Capacity: In addition to the restaurant's seating capacity (as noted by Condition of Approval No. 9. a), the arcade shall be limited to forty-two (42) individuals (an average of two persons per game), subject to the maximum occupancy capacity as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. f. Admittance Fee: An admittance fee to enter the restaurant to access the arcade machines shall be prohibited. However, this restriction does not preclude the charging for individual play of the arcade machines. g. Age Restriction: Consistent with Campbell Municipal Code Chapter 5.30, minors (under 18) shall not be allowed to enter the restaurant without an adult guardian after 10:00 pm nor play arcade games after 10:00 pm. h. License Required: Prior to commencing operation of the arcade, the business operator shall secure an Arcade Permit from the City Council. 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). THEREFORE, BE IT RESOLVED that the City Council authorizes the issuance of an Arcade Permit to David Ramsay on behalf of LVL UP for property located at 400 East Campbell Avenue. PASSED AND ADOPTED this 17th day of January, 2017, by the following roll call vote: AYES: COUNCILMEMBERS:Waterman, Cristina, Resnikoff NOES: COUNCILMEMBERS:landry, Gibbons ABSENT: COUNCILMEMBERS:N0ne ABSTAIN: COUNCILMEMBERS:N0ne ~~,~~~ VED• ~Z%t~ dam/ APPRO izab th Gibbons, Mayor ATTEST: .~+ ~~~ Wendy ood, City Clerk C~q~q /~ pp~~pp ~~` ~(~y yr ~yam[~~p ~~aeo~F~ ~ ~ p pa Q- '~ 6'a F`'?,'~~EA'la ~~_'g X.L'~~tl ~w9E~A~i1 'aa~ .1:,~:~a l'~,D".~uj~l~i'Ln `.1. f ~Ci kl,': Nx m --- Dai~; ~/~~/~ „. rlme .uY xr°r»e I n lau walx[ L-] axu% wpoxL pjkE wox mr muL . ~I~ rom. e ~ ronL. v Ces~~~ v[DNAV tavLt ±.~ ?~~45,~;.1 .~..-.,r~ h'.~~ !C~'~-•~ E-nL-.-,.~' 4[(t~]I ~I L 4.-.~J 1- a ~•~_: ~r-~,.~-ed.`.-' v_ it l~~ I~.., ~ (f) 3COex0L ~x~(l1 `v! WGI ~.:A ~'DC YM .. IR aCllC SI ' LtV aL[ 1NPV-ON s~° n L ttuA m 61DaLr..~ ~ e I~ ~I ~ n (Ul I~ 1Q~1 It/I f~li i I;11 ~1 ~~ IW ~I LT~] (~f I I ~i If Qi I [I1 i IC ]~ s~ ',~ !; 1ILCmL1I[I~~~}~11I i i. _ I~~ti~ll _ _ 1 __~ ~ ,~ ° ~ ~[hx+lLLSCxu -^ Fi "-, '.• i-t r l ~ r' i 5 i- YP~I ~Yq a ~ [ SrYR iJ0 IIDON~ ~ -r I _ I r '~._. ____ ~.._' c _ ______~_~. _.~ ~._:__~.. • .,_: . _. ____ .~.l I _ ~ YP Vi • _ - _ I l ro I _ .. _. DEC 2 2 2016 I 1 _ 1~ r ~y _ {{{Rt1II[[ YKS Il \~~~i/-F~r'i4~ ~C_W91 J _e JL J ~ it I - i~ ^ - I 1 DAIPDD nDW[ L.LJ _~ i i , ill . v ; k. N Y. L !y-Y-I _ _ aan Lo ~ D nLOR x` I PROP05[D IaYDUr P4N t/~' L : yL ` e 8 ` =1f I ~f 'r± l l • 1 ' ~ ~ ne L / L ' T q w•w ~xl ~~ ®IMCY NLL-M[IDM WLL ©wllluDN OCCVPINI LDLD LION R IL N ~ 6(L al.l IOA' [MO%tD PYN ~ 4EL .1L.1 IDA ' [NIaW{p MaN~ _ I I I r xl( • p/ID[ INILIN1MwL ~ P Yry I •11.9 MDf0 Prwa a amuLOroltt ar ° wm Ne• uovL ca rxs uxanaw uL N/aoa § J J I I __ I L ' ~ couvttv. Nv rtouoLY[xr o uanw NwlxD vau ®raLnE LION xoROwo. uro tD ao.l t ' •vOwo[ /ILYLU•. Pn sm Iola ~ p_l i• : s'-D• a-L I e q , I I I I SL'-i• tD'-O• ~ o<c T -T ~ . ~ i ~ e Y '_l ~ J ~~ _ 4 Y { (q C9 f• C- 1• - 3e'-L' DR IIW®[ 1' LO M 1[IT m Llf NcCW [OVVYOII NC PIanORY YTIN OVlLllf TILE IINnX Y- 1'-I' 01[N o' YImL60VNR LN[LVIN] I!'-.1• udlo ~ use xum..e rx..linD +Y.miN~•n ~ e `~ ~~ nip u ~M ~ °GD ~ p. ~R9 4 LS ~ Q~ a,~~~ ~ ~ d~ ~Jaa Q ~~ %,%AI ISLYN RR [V). YI W11M wa[n xo.• o-sxDo ~t RDDR %~NS A1.0 eLww _ _ DIYENSIDNCD RDDR PUN 1/C Z LDrynaM ]Die , sID010 OC, Ne.