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:
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Anne Bybee, Mayor
ATTEST:
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Andrea San��rl
,City Clerk