CC Resolution 12318RESOLUTION NO. 12318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF APOOL TABLE PERMIT TO
PRUNEYARD CINEMAS, LLC LOCATED AT
1875 SOUTH BASCOM AVENUE #100, CAMPBELL CA 95008
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:
(a) 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;
(b) Subject to the conditions below, the proposed operations should not
constitute a violation of applicable law;
(c) The application does not appear to contain misrepresentation of a
material fact by the applicant;
(d). The evidence does not show that the applicant has operated similar
establishments with a history of any grounds for denial;
(e) 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.
NOW, .THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby grant a Pool Table permit to. Pruneyard Cinemas, LLC
subject to the following conditions of approval:
1. Definition: A poolroom shall mean any commercial establishment
containing one or more pool tables for use of the .establishment's patrons.
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 poolroom shall be subject at all times to police
inspection and supervision for the purpose of ascertaining if the provisions
of Campbell Municipal Code 5.28 are being observed. No personnel shall
hinder, obstruct or delay any police officer-from entering the arcade.
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
poolroom.
5. 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 poolroom is permitted. No card
tables shall be kept or any card games played or allowed in the poolroom.
6. Duties of Proprietor: It shall be the duty of the proprietor or manager of
the poolroom to maintain and enforce a notice at the front entrance of the
Cinema, with an additional notice at the interior entrance to the restaurant
area, thereof to the effect that persons under the age of fourteen years are
prohibited from entering the same unless accompanied by a parent or
legal guardian. It shall be the duty of such owner, proprietor or manager to
refuse admittance to any minor under fourteen years of age, if not
accompanied by parent or guardian.
7. Approval Expiration: The pool table permit shall be valid in perpetuity,
subject to good standing and annual business license renewal.
8. Hours of Operation: The hours.of operation for business shall be 11:00
am to 2:00 am daily.
9. Revocation of Permit: The violation of any provisions of Campbell
Municipal Code 5.28 or the permitting of boisterous, rowdy or indecent
conduct will subject the permit to be revoked by the city council (Municipal
Code 5.28.090)
WHEREAS, the City Council approves the application of Pruneyard Cinemas
LLC for a pool table permit. ,
PASSED AND ADOPTED the 15th day of May 2018, by the following roll call
vote:
AYES: Councilmembers: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: Councilmembers: None
Absent: Councilmembers: None
APPROVED:
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Paul Resnikoff, Mayor l'
ATTEST:
Wendy W ,City Clerk