CC Resolution 12319RESOLUTION NO. 12319
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAINMENT PERMIT TO NO NAME
GRILL LP DBA WILLARD HICKS ON PROPERTY LOCATED AT 280 EAST CAMPBELL
AVENUE.
WHEREAS, after due consideration of all the evidence presented, the City Council does find as
follows:
1. The proposed Live Entertainment Permit would allow ancillary live entertainment in
association with an existing restaurant;
2. The existing restaurant, Willard Hicks is located at 280 East Campbell Avenue;
3. The subject property is located within the C-3 (Central Business District) Zoning District.
Consistent with the zoning designation, the City Council granted land use approval for
' live entertainment as part of a Conditional Use Permit for alcohol service and late-night
activities, as.approved by City Council Resolution No. 12223;
4. As required by the Conditional Use Permit, the live entertainment shall be limited to DJ's
' playing recorded music through the restaurant's built-in speaker system;
5. The applicant is over eighteen years of age;
' 6. The required application fee has been paid;
' 7. As of the present slate, 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;
8. 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;
9. As of the present date, there is no substantial evidence that the applicant has been
convicted of a felony or crime of moral turpitude;
10. 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; and
WHEREAS, based on the foregoing findings, the City Council further finds and concludes that,
' subject ~to the Conditions of Approval, there is no evidence that the activity applied for or the
location thereof will create a public nuisance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby approve a Live Entertainment Permit to Molly Adams on behalf of No Name Grill LP dba
as Willard Hicks, subject to the following conditions:
1. Live entertainment shall be limited to 6:30 PM to 9:30 PM, Thursday through Saturday.
2. All Bartenders, door and security staff obtain ABC LEADS training with-in 30 days of
hire.
i
3. Entertainment will be limited to DJ's playing recorded music through the restaurant's
built-in speaker system;
4. Amplification shall be limited to the establishment's built-in speaker system. Separate
' amplifiers are prohibited.
' S. Music shall only be allowed during dinner service and shall not be audible outside the
building. If music can be heard outside, the Police Department shall have the ability to
order the music turned off and the business representative(s) shall comply with the order
immediately.
6. Live entertainment is meant to serve as background music to complement the dining
experience. The music volume shall be kept at a level so as not to impede normal patron
conversation. If patrons have to raise their voices over the music's volume in order to
hold a conversation, then the music volume is too loud.
7. The restaurant's doors shall remain closed at all times when live entertainment is
occurring, except for the entering and exiting of patrons and staff.
8. At no time shall the business allow any form of dancing, and no tables and/or chairs
shall be moved to create an open space which could be used as a dance floor.
9. At no time shall a cover charge be received or a donation necessary in order to
patronize the establishment..
10. Noise levels shall not be audible more than 50 feet from the business' tenant space. In
no case may noise from the live entertainment disrupt neighboring residences or
businesses.
11. The Police Chief 'may require on-site security to be provided at a later date if calls for
service become excessive compared to like businesses.
12. 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 suspend this permit, pending a
modification/revocation hearing before the City Council.
PASSED AND ADOPTED this 15th day ~of May, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Waterman, Resnikoff
NOES: COUNCILMEMBERS: Cristina
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None -- ,
APPROVED:
- Paul Resnikoff, Mayor ~
. ATTEST: ~ ' ,
Wendy W ,City Clerk