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CC Resolution 12607 RESOLUTION NO. 12607 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 AND SUITE 105. 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 and Suite 105; 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 inside of the business; 5. Bingo activity is prohibited pursuant to CMC Sec., 5.29.030; 6. The applicant is over eighteen years of age; 7. The required application fee has been paid; 8. 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; 9. 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; 10. As of the present date, there is no substantial evidence that the applicant has been convicted of a felony or crime of moral turpitude; 11. 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 Jeremy Duke on behalf of Pruneyard Cinemas LLC, subject to the following conditions: 1. Live entertainment shall be limited to Monday through Sunday from 4:00 pm to 12:00 pm. 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 7th day of July, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Susan M. Lan ry, ayor ATTEST: 1 r1 Andrea nders, Deputy City Clerk