CC Resolution 12397RESOLUTION NO. 12397
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AUTHORIZING THE ISSUANCE OF AN
ARCADE PERMIT TO DAVID RAMSAY OF LVL UP, FOR
PROPERTY LOCATED AT 400 EAST CAMPBELL AVENUE.
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:
1. 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;
2. Subject to the conditions below, the proposed operations should not constitute a
Violation of applicable law;
3. The application does not appear to contain misrepresentation of material fact by
the applicant; '
4. The evidence does not show that the applicant has operated similar
establishments with a history of any grounds for denial;
5. 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.
6. The application is consistent with the Conditional Use Permit approved by the
Planning Commission for establishment of an arcade within an approved
restaurant space.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby grant an Arcade Permit to David Ramsay on behalf of LVL UP, subject to
the following conditions of approval:
1. Definition: An arcade is defined as any business establishment which has ten or
more amusement devices located within the premises.
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.
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3. Police Inspection: The arcade shall be subject at all times to police inspection and
supervision for the purpose of ascertaining if the provisions of Campbell Municipal
Code 5.30 are being observed. No personnel shall hinder, obstruct or delay any
police officer from entering the arcade.
City Council Resolution No.12397 Page 2 of 3
Arcade Permit - 400 E. Campbell Avenue
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 arcade.
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 arcade is permitted. No card tables shall be kept or any card
games played or allowed in the arcade. There shall be no mechanical amusement
device which contains a payoff device for the return of slugs, money, coins, checks,
token or merchandise.
6. Duties of Proprietor: It shall be the duty_ of the; proprietor or manager of the arcade
to ensure that an adult (21 years or older) be in charge of the arcade at all times that
it is open to the public.
7. Impounding: Any mechanical amusement device operated or maintained in violation
of any law of the state, of any provision of the Campbell Municipal Code, of any
conditions upon which this permit is granted, or of any lawful order of the chief of
police is a public nuisance and shall be impounded by the chief of police.
8. Approval Expiration: The arcade permit shall be valid in perpetuity, subject "to good
standing and annual business license renewal.
9. Hours of Operation: The hour's of operation for the arcade shall be Monday through
Friday, 11:00 a.m. — 12:00 a.m., and Saturday through Sunday, 10:00 a.m. — 12:00
a.m.
10. Conditional Use Permit Arcade Standards: The approved arcade within the
restaurant shall comply with the following standards as provided for in Planning
Commission Resolution No. 4466. Violations of these standards or any other
standards of. this Arcade Permit shall also constitute a violation of the Conditional
Use Permit.
a. Number of Machines: The arcade shall be limited to twenty five (25)
arcade and pinball machines, the composition of which shall be subject to
review and approval by the Community Development Director to ensure .
adequate disabled access and sufficient dining area.
b. Types of Arcade Machines: All arcade machines shall be cabinet (upright)
arcade games. Personal computers or game consoles (e.g., Xbox,
PlayStation, Wii, etc.) are prohibited.
C. Placement of Machines: All arcade and pinball machines shall be placed
along the perimeter walls of the restaurant as determined by the Community
Development Director.
d.- Alcohol Service: Customers shall be prohibited from consuming or
ordering alcoholic beverages while playing arcade games.
City Council Resolution No.12397
Arcade Permit - 400 E. Campbell Avenue
Page 3 of 3
e. Arcade Capacity: In addition to the restaurant's seating capacity (as noted
by Condition of Approval No. 9.a), the arcade shall be limited to forty-two
(42) individuals (an average of two persons per game), subject to the
maximum occupancy capacity as determined by the California Building
Code (CBC). It is the responsibility of the business owner to provide
adequate entrance controls to ensure that patron occupancy is not
exceeded.
f. Admittance Fee: An admittance fee to enter the restaurant to access the
arcade machines shall be prohibited. However, this restriction does not
preclude the charging,for individual play of the arcade machines.
g. Age Restriction: Consistent with Campbell Municipal Code Chapter 5.30,
minors (under 18) shall not be allowed to enter the restaurant without an
adult guardian after 10:00 pm nor play arcade games after 10:00 pm.
h. License Required: Prior to commencing operation of the arcade, the
business operator shall secure an Arcade Permit from the City Council.
11. Revocation of Permit: The violation of any provisions of Campbell Municipal Code
5.30 or the permitting of boisterous, rowdy- or indecent conduct will subject the
permit to be revoked by the City Council (Municipal Code 5.30.100),.
THEREFORE, BE IT RESOLVED that the City Council authorizes the issuance of an
Arcade Permit to David Ramsay on behalf of LVL UP for property located at 400 East
Campbell Avenue.
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
APPROVED:
Ric and M. Walerman, Mayor
ATTEST:Alt.,L�J
Wendy od, City Clerk