CC Resolution 12327RESOLUTION NO. 12327
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAIMENT PERMIT TO WALNUT
BREWERY INC DBA ROCK BOTTOM RESTAURANT AND BREWERY ON PROPERTY
LOCATED AT 1875 SOUTH BASCOM AVENUE #700.
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, Rock Bottom Restaurant and Brewery is located at 1875 South
Bascom Avenue #700;
3. The subject property is located within the C-2-O (General Commercial /Overlay)
Combining Zoning District. Consistent with the zoning .district designation, the City
Council granted a Master Use Permit establishing a tailored land use program for The
Pruneyard, as approved by City Council Resolution No. 12068. The Master Use Permit
provides land use approval for live entertainment in association with the subject
restaurant and bar;
4. As required by the Conditional Use Permit,. the live entertainment shall be limited to a
live band playing amplified music on the uncovered patio;
5. The applicant is over eighteen years of age;
6. The required application fee has been paid;
7. 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;
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 Nathan Konsitzke on behalf of Walnut Brewery
Inc dba Rock Bottom Restaurant and Brewery Inc, subject to the following conditions:
1. Live entertainment shall be limited to 5:00 PM to 7:00 PM on Tuesday.
2. All Bartenders, door and security staff obtain ABC LEADS training with-in 30 days of
hire.
3. Entertainment will be limited to a live band playing amplified music on the uncovered
patio area (on Main Street) at the East end, facing West (towards the silo) (As identified
in the attached Site Diagram).
4. 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.
5. At no time shall a cover charge be received or a donation necessary in order to
patronize the establishment.
. 6. In no case may noise from the live entertainment disrupt neighboring residences or
businesses.
7. 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.
8. ,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. .
9. For the background check, the current General Manager will be fingerprinted. If the
General Manager position changes personnel, the new General Manager will need to be
fingerprinted. CraftWorks Restaurants & Breweries .Department of Licensing and
Contracts will be responsible for ensuring that this condition is met.
PASSED AND ADOPTED this 19th day of June, 2018 by the following roll call vote:
AYES: ~ COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
~~ 6,2
Paul Resnikoff, Mayor
ATTEST:
Wendy W d, City Clerk