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CC Resolution 12398S RESOLUTION NO. 12398 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAINMENT PERMIT TO CAMPBELL BREWING CO LLC (dba IL SOGNO) LOCATED AT 200 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 full service restaurant and bar; 2. The existing full service restaurant and bar, Campbell Brewing Company LLC (dba II Sogno) is located at 200 East Campbell Ave; 3. 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; 4. The applicant is over eighteen years of age; 5. The -required application fee has been paid; 6. 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; 7. 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;. 8. As of the present date, there is no substantial evidence that the applicant has been convicted of a felony or crime of moral turpitude; 9. 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 Umberto Pala on behalf of Campbell Brewing Co LLC (dba II Sogno), subject to the following conditions: 1. Live entertainment shall be limited to 5:00 p.m. to 12:00 a.m. Thursday through Saturday and 12:00 p.m. to_8:00 p.m. on Sunday. Live entertainment will be allowed during these hours, but will not necessarily be performed 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 establishment. 5. Noise levels shall not be audible more than 50 feet from the business. 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 public nuisance or there are significant calls for service, the Police Department would have the authority to immediately 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 15th day of January, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPR V D. ichard M. laierman, Mayor ATTEST: Wendy Wood, City Clerk