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PC Res 4652RESOLUTION NO. 4652 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CITY-INITIATED MODIFICATION TO A PREVIOUSLY MODIFIED CONDITIONAL USE PERMIT AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT TO REINSTATE THE EXTENDED HOURS OF OPERATION FOR AN EXISTING LIQUOR ESTABLISHMENT (KHARTOUM LOUNGE) WITH LATE-NIGHT ACTIVITIES ON PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE, SUITE 101. FILE NO. : PLN-2022-31 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to file numbers PLN-2022-31: 1. The subject property is located on the along Orchard City Drive, west of Railway Avenue. The site is surrounded by commercial uses to the north, east, and west, and a residential condominium community (Park Town Place) to the southwest 2. The liquor establishment is located within the Water Tower Plaza commercial complex. The establishment occupies a 2,364 square foot space on the ground floor of the building, and is accessed directly from a public parking lot facing Orchard City Drive. 3. The project site is zoned P-D (Planned Development) and is designated with a Central Commercial land use designation by the General Plan. 4. At its meeting of February 14, 2012, the Planning Commission adopted Resolution No. 4046 approving a Conditional Use Permit and Administrative Planned Development Permit (PLN 2011-283) to allow expansion of a liquor establishment (Khartoum Lounge). In approving Resolution No. 4046, the Planning Commission found that: The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use. 5. Between August, 2021 and January, 2022, Campbell Police have documented over 82 calls for service at Khartoum Lounge, resulting in 10 arrests in association with alcohol service and fighting / assault. Pursuant to Condition of Approval 5(b) of Planning Commission Resolution No. 4046, the Community Development Director reduced the business hours of the liquor establishment and scheduled a revocation/modification hearing with the Planning Commission. 6. At its meeting of April 12, 2022, the Planning Commission adopted Resolution No. 4637 approving a City- initiated modification to the Conditional Use Permit and Administrative Planned Development Permit (PLN 2011-283) to reduce the hours of operation of Khartoum establishing a closing time of 12 AM. In approving Resolution No. 4637 the Planning Commission Resolution No. 4652 Page 2 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit Planning Commission found that the 82 calls for service and resulting 10 arrests documented that operations at Khartoum affect the public convenience, health, interest, safety or welfare and require the modification. 7. The Planning Commission subsequently requested that the Conditional Use Permit conditions of approval be re-evaluated after four months for further consideration if the hours should be maintained or modified. 8. Upon holding a public hearing to conduct a compliance evaluation of an existing liquor establishment (Khartoum Lounge), the Planning Commission determined the following facts that support reinstatement of the extended hours of operation: • Between February 2022 and September 2022, the Police Department received approximately three calls for service for Khartoum and all of these calls were made by the security staff at Khartoum requesting assistance from Campbell Police for onsite issues. There have not been any drug or alcohol related arrests during this period at Khartoum. • The Community Development Department has only received one anonymous complaint that listed several issues concerning Khartoum, however the complainant has asked not to forward this information to the Commission. The Department is not aware of any other complaints received in the last six months regarding Khartoum. • The Campbell Police Department has been in contact with the State Alcoholic Beverage Control Office (“ABC”) regarding investigative actions concerning alcohol violations at Khartoum. As disclosed to the Planning Commission in April, 2022, ABC staff reported that they have an open investigation concerning alcohol violations at Khartoum. The City has not received any new updates since then concerning the disposition of this investigation. The City is not aware of any complaints from the County Health Department concerning Khartoum. • The Community Development Department is not aware of any additional violations of conditions of approval beyond the incidents described above. 9. The reinstatement of the extended hours of operation is subject to additional Conditions of Approval to ensure the public health, safety, and general welfare: Operations Plan: The establishment shall adhere to the operational measures described in the Memorandum submitted to the City by Khartoum on August 11, 2022 entitled “Mitigation Efforts to Promote Public Safety” and attached to these conditions of approval. Any proposed modifications to the operational measures shall be first discussed with the Campbell Police Department. Semi-Annual Meeting: Khartoum Management and Security staff shall meet with the Campbell Police Night Shift Patrol team on a semi-annual (every six months) basis for a minimum of two years, beginning in October, 2022. The meeting shall be to discuss the status of Khartoum operations, implementation of the operations Plan, and any modifications and recommendations by Campbell Police to Khartoum to address any identified issues. Planning Commission Resolution No. 4652 Page 3 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 10. A Conditional Use Permit may be approved, with or without conditions, only if the Planning Commission (or the City Council, upon appeal) makes certain findings provided in CMC Section 21.46.040. In approving a Conditional Use Permit application, the Planning Commission (or City Council, upon appeal) may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure compliance with the findings. 11. In order to make the required findings and protect the public health, safety, and welfare, as well as the integrity and character of the city, the Planning Commission may place appropriate conditions on an application for a Conditional Use Permit. 12. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals and strategies of the Campbell General Plan and Downtown Development Plan. The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which restaurants have an essential role. 13. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis by which the City reviews new and modified applications for alcohol beverage service. The Policy sets forth limitations to the hours of operation, amount of bar area seating, and alcohol beverage service that are necessary to protect the public health, safety and welfare. 14. The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued to establishments for alcoholic beverage service on-site are subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision- making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare. 15. In review the City-initiated modification, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 16. The Planning Commission's review of the City-initiated modification further encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance, odors, security and enforcement, and neighborhood impacts. 17. The Planning Commission also weighed the public need for, and the benefit to be derived from, the City-initiated modification, against any impacts it may cause. 18. No substantial evidence has been presented which shows that the City-initiated modification, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 4652 Page 4 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. As conditioned, the proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. As conditioned, the proposed use is consistent with the General Plan; 3. As conditioned, the proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. As conditioned, the proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. As conditioned, the design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. As conditioned, the establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Liquor Establishment Findings (CMC Sec. 21.46.070) 7. As conditioned, the establishment will not result in an over-concentration of these uses in the surrounding area; 8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9. As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 10. As conditioned, the establishment will not significantly increase the demand on city services; Administrative Planned Development Permit Findings (CMC Sec. 21.12.030.H.6): 11. As conditioned, the proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; Planning Commission Resolution No. 4652 Page 5 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 12. As conditioned, the proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 13. As conditioned, the proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole; Modification Findings (CMC Sec. 21.68.030 and 21.68.040): 14. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation or modification. 15. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit. 16. The improvement or use allowed by the permit has is no longer detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the decision-making body. Environmental Findings (CMC Sec. 21.38.050): 17. The project is Categorically Exempt under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a City-initiated Modification to a previously Modified Conditional Use Permit and Administrative Planned Development Permit (PLN-2022-31) to reinstate the extended hours of operation for an existing liquor establishment with late-night activities (Khartoum Lounge) on property located at 300 Orchard City Drive, Suite 101, subject to the attached Revised Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote: AYES: Commissioners: Fields, Ching, Buchbinder, Kamkar, Krey, Zisser NOES: Commissioners: ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 19:31 PDT) AMENDED CONDITIONS OF APPROVAL City-Initiated Modification (PLN-2022-31) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. 1. Approved Project: Approval is granted for a City-initiated Modification to a previously Modified Conditional Use Permit and Administrative Planned Development Permit (PLN- 2022-31) to reinstate the extended hours of operation for an existing liquor establishment with late-night activities (Khartoum Lounge) on property located at 300 Orchard City Drive, Suite 101. The configuration of the approved liquor establishment shall continue to substantially conform to the revised project plans stamped as received by the Planning Division on January 6, 2011, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: The Modified Conditional Use Permit and Administrative Planned Development approved herein (hereon "Approval") shall be valid in perpetuity on the property subject to continued exercise of this Approval and maintenance of a Type 48 (On-sale General – Public Premises) Liquor License issued by the California Department of Alcoholic Beverage Control (ABC), except upon revocation pursuant to Condition of Approval No. 5 (Revocation of Permit). Discontinuation of alcohol service for a continuous period of twelve months, as evidenced by surrender or revocation of the Type 48 License, shall void this Approval. 3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in Planning Commission Resolution No. 4637 are hereby void and permanently superseded in their entirety by the Conditions of Approval specified herein. 4. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any liquor establishment operating pursuant to the Conditional Use Permit / Administrative Planned Development Permit approved herein shall conform to the following operational standards: a. Patron Occupancy: Total indoor patron occupancy shall be limited to 145 persons, subject to the maximum occupancy capacities of certain rooms 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. “Maximum Occupancy” signs shall be posted conspicuously within the premises. b. Operations Plan: The establishment shall adhere to the operational measures described in the Memorandum submitted to the City by Khartoum on August 11, 2022 entitled "Mitigation Efforts to Promote Public Safety," included as Exhibit B, excepting provisions for dress code and music variety. Any proposed modifications to the operational measures shall be first discussed with the Campbell Police Department. Exhibit A – Conditions of Approval Page 2 PLN-2022-31 ~ Modification (CUP/Admin. P-D Permit) c. Semi-Annual Meetings: Khartoum Management and Security staff shall meet with the Campbell Police Night Shift Patrol team on a semi-annual (every six months) basis for a minimum of two years, beginning in October, 2022. The meeting shall be to discuss the status of Khartoum operations, implementation of the operations Plan, and any modifications and recommendations by Campbell Police to Khartoum to address any identified issues. d. Hours of Operation: Subject to ongoing compliance with the Downtown Alcohol Beverage Policy and all standards, codes, or ordinances of the City of Campbell, the following extended hours of operation are granted. By the end of ‘Business Hours’ all patrons shall have exited the liquor establishment. By the end of the ‘Operational Hours’ all employees shall be off the premises. • Extended Business Hours: 11:00 AM – 2:00 AM, Monday – Friday 9:30 AM – 2:00 AM, Saturday – Sunday • Extended Operational Hours: 9:00 AM – 2:30 AM, Monday – Friday 7:00 AM – 2:30 AM, Saturday – Sunday If the liquor establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period, the Community Development Director may immediately reduce the hours of operation as follows: • Reduced Business Hours: 11:00 AM – 12:00 AM, Monday – Friday 9:30 AM – 12:00 AM, Saturday – Sunday • Reduced Operational Hours: 9:00 AM – 12:30 AM, Monday – Friday 7:00 AM – 12:30 AM, Saturday – Sunday Upon reducing the allowable hours of operation, the Community Development Director shall schedule a public hearing before the Planning Commission to consider modification or revocation of this Approval pursuant to Condition of Approval No. 5 (Revocation of Permit). e. Live Entertainment: Live entertainment, limited to a disk-jockey and karaoke performance, shall be permitted subject to approval of a Live Entertainment Permit in compliance with CMC 5.24. f. Outdoor Seating: Outdoor seating is prohibited at all times. g. Semi-Arcade Permit: The business owner shall secure and maintain in good standing a Semi-Arcade Permit in compliance with CMC 5.30. h. Smoking: “No Smoking” signs shall be posted on the premises in compliance with CMC 6.11.060. i. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. Exhibit A – Conditions of Approval Page 3 PLN-2022-31 ~ Modification (CUP/Admin. P-D Permit) j. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the establishment shall not be audible to a person of normal hearing capacity from any residential property. k. Trash & Clean Up: All exterior trash and normal clean-up activities shall occur before 11:00 PM. l. Liquor License: The business owner shall maintain in good standing a “Type 48” license from the State Department of Alcoholic Beverage Control. m. Uniform Security: Uniformed, privately provided security staff may be required in and/or around the premises when deemed necessary by the Chief of Police. n. City Meetings: At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. o. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control. p. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). q. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services 5. Revocation of Permit: Operation of the liquor establishment pursuant to this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval (e.g., noise, parking, etc.) and/or related to the service of alcohol within a twelve (12) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time immediately restrict the establishment's Hours of Operation to address noise complaint in a timely manner. In exercising this authority, the decision-making body may consider the following factors, among others: Exhibit A – Conditions of Approval Page 4 PLN-2022-31 ~ Modification (CUP/Admin. P-D Permit) a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. MEMORANDUM MITIGATION EFFORTS TO PROMOTE PUBLIC SAFETY The following mitigation tactics each have a role to play in the creation of a friendly atmosphere and pursuit of public safety. Individually, they cannot achieve this goal but collectively they can do so. Similarly, no one individual can ensure a safe atmosphere. It is only through a properly trained team of individuals, each with a role to play, working in harmony with each other, that we can achieve our goals. Some of the following tactics speak for themselves. When appropriate, we have elaborated for greater context and understanding. 1) ERADICATION OF FAKE ID'S We have multiple measures in place to protect against underage customers which is one of our greatest priorities. Upon every customers arrival after 7:30pm we deploy three inspections. One, a visual inspection with a regular flashlight placed from behind the ID. Two, we inspect the ID with a black light. Three, we scan the ID with a computer. The first tactic is the simple 'trick' that exposes the modern fakes as the edge of a fake ID will illuminate whereas a real ID will not. Day time bartenders are trained in ID inspections as well. We have never sought to turn a blind eye to the constant bombardment of underage customers. Yet our failings in the past are solely our own. Over that past 6+ months, following the introduction of a simple ‘trick’ to detect modern fakes we have confiscated nearly 90 fake ID's. The numbers have diminished from approximately 15/week at the outset of our new defensive measures to only a couple per week today. These numbers speak to the real infestation we had right before our eyes with underage patrons. Yet because of the sophistication of today's ID's we failed to seize control of the situation. In today's rumor mill, the word has most certainly circulated among the underage community that Khartoum is no longer a location where a fake ID will work. Fixing this situation has been a huge step in the right direction and one that will have lasting impact. 2) NEW SECURITY TEAM & MANDATORY GUARD CARD As outlined at our February hearing we acknowledge that one of our shortcomings was the poor performance of our security team. Today we have added a new Head of Security and replaced those individuals who were not contributing to our overall goals. We have also required that all security obtain a Guard Card certification which is a 15-hour on-line course that provides valuable training. 3) HEIGHTENED CUSTOMER CODE OF CONDUCT To create a safe atmosphere we must hold our customers to a higher standard than we previously did. When alcohol is involved this means we must constantly evaluate our customers conduct, intervene when they appear to be acting inappropriately, and remove that customer. We have a fiduciary duty to do so for the safety to themselves, their fellow patrons, and to our own staff. We adhere to the following acronym:  S.I.D. - Scan: We must continuously scan the crowd and read body language. - Intervene: When we identify a potential hazard we must intervene and evaluate the situation further. - Diffuse: Our goal is always to diffuse/de-escalate the situation and to remove any customer who poses an immediate or potential threat to our objective of public safety. 4) EMPLOYEE CODE OF CONDUCT We have always maintained a high standard for our staff. Specifically, as it pertains to public safety we impose a ZERO TOLERANCE POLICY for drinking before or during ones shift. A sober mind is necessary to navigate the complex situations that can arise when dealing with customers who are drinking. 5) ADDITIONAL 'FILTERS' TO WEED OUT HAZARDS As customers approach the bar our filtration measures are already being deployed. We have a series of filters designed to identify and then prohibit entry from what we deem to be hazardous or toxic customers. #1-'Fade the Line' As customers approach the bar and enter into a line we have an assigned security member monitor the line. Their job is to identify anyone who poses a hazard to public health. We are looking for individuals who show disregard for the law (drinking in public), disregard for others (lewd and inappropriate language), and are dressed inappropriately. #2 - Even Stricter Dress Code We have made our dress code even stricter than before. It is not meant to discriminate, rather to promote a cleaner look which in turn can weed out many toxic customers. For example, the crowd that frequents downtown San Jose’s hip-hop/rap clubs will dress a certain way. Gang members will dress a certain way. Drug dealers will dress a certain way. While some may accuse us of discriminating we have the right, as a business, to refuse entry to any individual with due cause. Our dress code serves as a vital filter as well as a test to our customers. If a customer's attire is a border-line violation of our dress code we may, at our discretion, give them an opportunity to gain entry. However, at this point, their attitude becomes a key contributing factor. If they are combative they will be denied entry. If they are respectful and cooperative they may be granted entry under the caveat that next time they must adhere to our dress code. By having a consistent and fair dress code we can educate our customers over time so that they know what to expect upon arrival. This tactic also helps to establish the fact that they are entering our business, under our rules. This tactic goes a long ways towards establishing a culture of respect between customer and business which, in the long run, contributes to a safe atmosphere. #3 - Patron Scan and Customer Profile Perhaps one of our greatest tools is the scanning tool we use to validate ID's, build a customer profile and maintain an active '86' list (banned list). Every customer is scanned after 7:30pm. This creates a profile containing their basic info as well as capturing a live picture of that customer. If a customer is removed we will likely 86 them which we can do by editing their profile and making note of the type of violation. We can ban them for any period of time we choose. If they attempt to return at a later date our system will notify us of their offense. The added benefit of this tool is psychological. Similar to our dress code, the mere fact that we have their information on file serves as a deterrent to any misconduct. This sort of deterrent helps us to encourage a safe atmosphere. Our profiles can also be shared with police. Should an officer need to investigate an incident our profiles can be a helpful tool. On a side note, our scanner allows us to 'link' with other businesses that use the same device and if we ban someone we can choose to share that information with other businesses. There are about 3 major brands but they can only share information with like brands. This system was mandated city-wide in Sacramento to help promote public safety in their bar districts. #4 - Tighter Filter on Music It may not be obvious but the type of music a business plays is critical to the culture it develops. Our goal is to create a friendly neighborhood bar and not be a night club. We encourage and allow customers to play music on the Juke Box, but we have applied a filter to our music selection to prohibit the playing of most hip-hop and rap music. This helps to keep the crowd from getting too 'hyped-up' and further aids in our pursuit of a safe atmosphere. I cannot stress the importance of music and its impact on a bar. Perhaps the greatest visual I can paint for those of you who have never been inside Khartoum is that of a full bar, on Karaoke night, singing together. This is the sort of community we have always been and strive to maintain. A diverse collection of citizens, most who don't know one another, all singing together to John Denver's classic song, "Take Me Home, Country Roads". It is a rarity for any bar to develop that sort of camaraderie among its patrons for that camaraderie only comes from a long history of trust. It is this camaraderie among both patrons and staff that will serve as one of the foundational pillars for Khartoum moving forward. 6) CUSTOMER EDUCATION It will be our aim to deploy a campaign to educate our customers so that they are aware of our current situation, the errors of our past, and what we will be expecting from customers moving forward so that Khartoum can continue to be a location they can enjoy. This will come in the form of fact-to-face conversation as well as the use of social media. Such an education campaign will help to reinforce a mutual respect between bar and customer and to re-establish the proper culture moving forward. 7) DECREASED PORTIONS & INCREASED PRICES The combination of serving less and charging more will discourage over-consumption which will correlate to less disorderly conduct. 8) BARTENDERS MUST PARTICIPATE While the floor is managed by our security team the bartenders must also participate in our collective efforts to filter out hazardous and toxic customers. As the bartender generally has more intimate contact with the customer this affords them the repeated opportunity to scrutinize the conduct of our customers. They must be vigilant and constantly make a judgement call with each drink they serve. This is especially important during ‘extended business hours’. 9) COMMUNICATIOIN VIA WALKIE-TALIE Instant communication between all staff further allows us to respond to any situation promptly. This allows us to intervene before a situation escalates. Being able to act PROACTIVELY is among our greatest mitigation tactics. 10) POLICE PARTNERSHIP At times, despite our finest efforts, police support is required. We welcome any and all police involvement for their mere presence does not go unnoticed by customers. While we will strive to create a culture that does not necessitate police intervention our staff is trained to call for support when necessary. Additionally, Captain White has encouraged us to reach out and set up an informal ‘meet & greet’ with Campbell’s night patrol. Having a closer relationship with our police partners will only bolster our position and help us to have a symbiotic relationship with the police force and community. CONCLUSION We ask that this commission reinstate our hours to 2am, not an intermediary hour like 1am as was considered at the February hearing. If granted, the bar will be afforded the discretion to perform last call as we deem appropriate. For example, on a Monday we may choose to announce last call at 1:30. On a Saturday with a full bar we may choose to call it at 1am. We feel we have earned the right, over the past 6 months, to operate with extended hours and use our own discretion to ensure we meet our goals. Further, we hope that the mitigation plan we have outlined, coupled with our internal improvements and strengthened security team, instills a newfound trust in our business that was not sufficiently established in February. As JFK said, an error only becomes a mistake if you refuse to correct it. May our errors of the past serve as lessons and aid in our efforts to rebuild the trust with each of you, our police force and our community. Thank you for your consideration. The Khartoum Team Resol 4652 - 300 Orchard City Drive, Ste. 101 (Mod) Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAeC9DJzdUkbOjkw2z2zQeud94Upm9hCdr "Resol 4652 - 300 Orchard City Drive, Ste. 101 (Mod)" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:44:03 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:44:21 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:32:23 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:32:25 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 2:31:16 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 2:31:50 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 2:31:52 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 2:31:52 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.