CC Resolution 12495RESOLUTION NO. 12495
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AUTHORIZING THE ISSUANCE OF AN
ARCADE PERMIT TO MATTHEW ESCOBAR OF DARKACTIVE
ENTERTAINMENT, FOR PROPERTY LOCATED AT 400 EAST
CAMPBELL AVENUE SUITE A.
WHEREASS 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby grant an Arcade Permit to Matthew Escobar on behalf of DarkActive
Entertainment, LLC, 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.
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. 12495 Page 2 of 3
Arcade Permit - 400 E. Campbell Avenue
4. Lockinq 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 business hours of operation for the arcade shall be Sunday
through Saturday, 8:00 am — 12:00 am. All patrons shall be out of the establishment.
The operational hours shall be Sunday through Saturday,, 7:00.am — 1:00 am. Outside
of those hours all employees shall be off the premises.
10. Conditional Use Permit Arcade Standards: The approved arcade shall comply with
the following standards as provided for in Planning Commission Resolution No.
4518. Violations of these standards or any other standards of this Arcade Permit
shall also constitute a violation of the Conditional Use Permit.
a. Types of Arcade Machines: All arcade machines shall be personal
computers or game consoles (e.g., Xbox, Playstation, Wii, etc.) Cabinet
(upright) arcade games are prohibited.
b. Alcohol Service: The sale, service and consumption of alcoholic beverages
within the establishment is prohibited.
C. Customer Occupancy: Customer capacity shall be limited as determined
by the California Building Code (CBC). It is the responsibility of the
business owner to provide adequate entrance controls to ensure that
customer occupancy is not exceeded.
d. Admittance Fee: An admittance fee to enter the establishment to access
the arcade machines shall be prohibited. However, this restriction does not
preclude the charging for individual play of the arcade machines.
City Council Resolution No. 12495
Arcade Permit - 400 E. Campbell Avenue
Page 3 of 3
e. Age Restriction: Consistent with Campbell Municipal Code Chapter 5.30,
minors (under 18) shall not be allowed to enter the establishment without an
adult guardian after 10:00 pm nor play arcade games after 10:00 pm.
f. 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 Matthew Escobar on behalf of DarkActive Entertainment LLC for
property located at 400 East Campbell Avenue Suite A.
PASSED AND ADOPTED this 20th day of August 2019, by the following roll call vote:
AYES:
COUNCILMEMBERS: Resnikoff, Bybee, Landry, Waterman
NOES:
COUNCILMEMBERS: Gibbons
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
APPROVEDQA;(�� JJ
Richard M. Waterman, Mayor
ATTEST:'ZOJIJ�J
Wendy ood, City Clerk