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CC Resolution 13018 - Semi-Arcade Permit - Khartoum 300 Orchard City Dr.RESOLUTION NO. 13018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A SEMI -ARCADE PERMIT TO BRANDON BRIGHAM FOR THE BUSINESS COMMONLY KNOWN AS KHARTOUM, LOCATED AT 300 ORCHARD CITY DRIVE SUITE 101 WHEREAS, after due consideration of all the evidence presented the City Council did find as follows: 1. The applicant is over 18 years of age; and 2. The required application fee has been paid; and 3. As of the present date, there -is no substantial evidence that the applicant has knowingly made any false, misleading, or fraudulent statement of material fact on the application; and 4. As of the present date there is no substantial evidence that the proposed use as conditioned would constitute a violation of the provisions of the Municipal Code, or other applicable law; and 5. The applicant has not been convicted of a felony or crime of moral turpitude; and 6. The proposed operation would not result in a public nuisance as defined in the Campbell Municipal Code, or Section 370 of the California Penal Code; and WHEREAS, after due consideration of all the evidence presented, the City Council does believe approving a Semi -Arcade permit, with conditions to Brandon Brigham for the property located at 300 Orchard City Drive Suite 101, in Campbell, California commonly known as "Khartoum," is appropriate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves a Semi -Arcade Permit to Brandon Brigham to allow arcade equipment on behalf of Khartoum at the property located at 300 Orchard City Drive Suite 101 subject to the following conditions of approval: I..Definition: any business establishment which has located within or attached to the premises any room or separated area designed for the purpose of housing amusement devices which contain more than two but less than ten such devices. 2. Gaming: No gaming is permitted in the business establishment or the owners, agents, and employees are subject to prosecution. 3. Police inspection: Any semi -arcade and any room adjacent to the same under the same management or control 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 any such place. 4. Locking or barricading doors: No door or entrance to the semi -arcade shall be locked, barred or barricaded in such a manner to make it difficult to access or ingress to police officers while two of more persons are present in the semi -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 semi -arcade is permitted. No card tables shall be kept or any card games played or allowed in the semi - arcade. There shall be no mechanical amusement device which contains a payoff device for the return of slugs, money, coins, checks, tokens or merchandise 6. Duties of Proprietor: It shall be the duty of the proprietor or manager of the semi -arcade to ensure that an adult (21years or older) be in charge of the semi -arcade at all times that it is open to the public. 7. Admittance to. Semi -Arcade: The establishment which contains the semi - arcade and has the primary business of the sale of alcohol shall prohibit the entry of any person under the age of twenty one years. 8. Impounding: Any mechanical amusement device operated or maintained in the violation of any law of the state, or any provision of the Campbell Municipal Code, or 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. 9. Approval expiration: The semi -arcade permit shall be valid in perpetuity, subject to good standing and annual business license renewal. The semi - arcade permit is not transferable. 10. Hours of Operation: 11:00 AM — 2:00 AM, Monday — Friday 9:30 AM — 2:00 AM, Saturday — Sunday 11. Revocation of Permit: The violation of any provisions of the Campbell Municipal Code 5.30 or the permitting of boisterous, rowdy, or indecent conduct will subject the permit to be revoked by the council (Campbell Municipal Code 5.30.100) 12.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." Any proposed modifications to the operational measures shall be first discussed with the Campbell Police Department. PASSED ARID ADOPTED this 18th day of July, 2023 by the following roll call vote: AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: a-, X_,� - 2" /� � Anne Bybee, Mayor ATTEST: "/",, 42& Andrea San��rl ,City Clerk