CC Resolution 12355RESOLUTION NO. 12355
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAINMENT PERMIT TO PRUNEYARD
CINEMAS LLC ON PROPERTY LOCATED AT 1875 SOUTH BASCOM AVENUE SUITE 100.
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 full service theater with a restaurant and bar;
2. The existing full service theater with a restaurant and bar, Pruneyard Cinemas LLC is
located at 1875 South Bascom Avenue, suite 100;
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 full
service theater with a restaurant and bar;
4. As required by the Conditional Use Permit, the live entertainment shall be limited to a
live individual. or small band playing amplified music in the restaurant and bar area;
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 Edward Rathmann on behalf of Pruneyard
Cinemas LLC, subject to the following conditions:
1. Live entertainment shall be limited to Monday through Friday, beginning at 4:00 pm and
Saturday and Sunday beginning at 11:00 am. For all seven days, the live entertainment
will end by midnight. Live entertainment will be allowed during these hours, but will not
necessarily be pertormed during all of these hours.
2. All Bartenders, door and security staff obtain ABC LEADS training with-in 30 days of
hire.
3. At no time shall a designated area or dance floor be created to allow any form of
dancing.
4. At no time shall a cover charge be received or a donation necessary in order to
patronize the Cedar Room area of the establishment.
5. 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. .
6. 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.
7. 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.
8. 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.
PASSED AND ADOPTED this 18th day of September, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
/ ~
Paul Resnikoff, Mayor
ATTEST:
Wendy V1~ d, City Clerk