PC Res 2643RESOLUTION NO. 2643
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PERMIT
ALLOWING THE AN ON-SALE BEER AND WINE LICENSE, IN
CONJUNCTION WITH A BILLIARD PARLOR, ON PROPERTY
KNOWN AS 2097 SOUTH BASCOM AVENUE, IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. (APPLICATION OF
MR. PAUL NAMKOONG, UP 89-24).
After notification and public hearing as specified by law on the application of
Mr. Paul Namkoong for a Use Permit and approval of an on-sale beer and wine
license, in conjunction with a billiard parlor, on property known as 2097 South
Bascom Avenue, in a C-2-S (General Commercial) Zoning District, as per the
application filed in the Planning Department on October 12, 1989,; and, after
presentation by the Planning Director, proponents and opponents, the hearing
was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows:
1. Health/Safety: The establishment, maintenance or operation of the use
applied for will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the
neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
the City if the hours of operation are restricted to 11:00 p.m. closing.
2. Traffic: The proposed site is adequately served by streets of sufficient
capacity to carry the kind and quantity of traffic such use would generate.
3. Compatibility: The proposed use is generally compatible with the uses in
the area, excluding the residential property abutting the use.
Based on the above findings, the Planning Commission does hereby grant the
requested Use Permit, subject to the following conditions:
1. Hours of operation be limited from 11:00 a.m. to 11:00 p.m., daily.
2. Alcohol sales limited to the hours of operation.
The applicant is notified as part of this application that he/she is required
to comply with all applicable Codes and/or Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 28th day of November 1989, by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Christ, Fox, Perrine, Olszewski
Meyer, Alne
Wilkinson
ATTEST:
Steve Piasecki
Secretary
APPROVED:
Bruce J. 01szewski
Chairman
5.28.010
Chapter 5.28
POOL, BILLIARD HALLS AND MECHANICAL
AMUSEMENT DEVICES
Sections:
5.28.010
5.28.020
5.28.030
5.28.040
5.28.050
5.28.060
5.28.090
Billiard and pool tables in taverns and
poolrooms.
Pool and billiard rooms--Police inspection.
Locking or barricading doors.
Gambling, card tables, games and liquor.
Duties of proprietor.
Minors.
Revocation of permit.
~5.28.010 Billiard and pool tables in taverns and pool-
rooms. (a) Until a permit has first been obtained therefor
from the .city council upon written application approved by the
chief of police, the chief of the fire department, and the zon-
ing officer as herein provided, no pool table or billiard table,
coin-operated or. otherwise, shall be placed in any tavern or
bar as such taverns and bars are commonly known, and no permi~
shall be issued for more than one such pool or billiard table
in any one bar or tavern. No person under the age of twenty-one
years shall be permitted to play pool or billiards in a tavern
or bar, or in establishments where alcoholic beverages are sold.
(b) The annual license fee for such pool table or
billiard table shall be fifty-five dollars per year, notwith-
standing any other fee provided for in this chapter.
(c) The pool or billiard table shall be provided with
suitable covers when not in use.
(Campbell 7/87)
84-2
.020--5.28.050
(d) The permitting of gaming in bars and taverns possess-
ing such pool or billiard table will subject the owners of the
bar, their servants, agents and employees to prosecution for
a misdemeanor, and upon conviction shall be subject to such
fine and imprisonment as provided in this municipal code.
(e) Any permit issued shall also be subject to the pro-
visions of Sections 5.28.020 through 5.28.090. (Ord. 829
(part), 1972: Prior code $6300(a)).
5.28.020 Pool and billiard rooms--Police inspection.
Any pool room or billiard hall 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 this chapter
are being observed, and no personnel shall hinder, obstruct.
or delay any police officer from entering any such place.
(Prior code $6400)~
5.28.030 Lockin~ or barricadin~ doors. No person
shall"'keep any door or entrance to any poolroom or billiard
hall locked, barred or barricaded in such manner as to make
it difficult of access or ingress to police officers while
two or more persons are present in such room, and no per-
son shall visit or resort to any such locked, barred or bar-
ricaded room or place protected in any such manner to make
it difficult of access or ingress to police officers when
two or more persons are present. (Prior code S6400.1).
~5.28.040 Gambling, card tables, Tames and liquor.
(a) No person shall permit gambling of any k£nd or
description or playing any games whatsoever for money or any-
thing of value within any poolroom or billiard hall.
(b) No card tables shall be kept, or any card games
played or allowed in any billiard hall or poolroom.
(c) No alcoholic beverages, or vinous or maltose bev-
erages shall be sold, served or distributed in any billiard
hall or poolroom where minors under the age of twenty-one
years are permitted to enter, whether with or without parent's
or guardian's consent.
(d) Every billiard hall or poolroom shall be closed
between the hours of two a.m. and six a.m. of each day.
(Prior code $6400.2).
5.28.050 Duties of proprietor. It shall be the duty of
the proprietor or manager for each billiard hall or poolroom
to maintain a notice at the front entrance thereof to the
effect that persons under the age of fourteen years are pro-
hibited from entering the same unles~ accompanied by a parent
or legal guardian. Between the ages of fourteen years and
seventeen years, the person must have in his or her posses-
sion, written consent given by his or her parent or legal
guardian that said minor may enter and use the pool and
85
(Campbell 9/88)
5.28.060--5.28.
billiard hall facilities. Such consent shall be maintained
as a permanent record by the owner, proprietor, or manager of
such pool or billiard room and shall be made immediately
available for inspection by the police department and other
law enforcement agencies. It shall be the duty of such
owner, proprietor or manager to refuse admittance to any
minor under fourteen years of age, if not accompanied by
parent or guardian. (Ord. 829 (part), 1972: prior code
~6400.3).
5.28.060 Minors. No person shall permit any person
under the age of eighteen years to enter an~ billiard hall
or poolroom, except as provided for in Section 5.28.050.
(Ord. 829 (part), 1972: Prior code $6400.4).
5.28.090 Revocation of permit. The violation of any
of the foregoing provisions, or the violation or any law or
ordinance, punishable by fine or imprisonment, by the owners,
proprietors or managers of such pool and billiard hall; or
the permitting of boisterous, rowdy and indecent conduct on
the premises, including the use of profanity, indecent and
obscene language will subject any permit issued for such
premises to be summarily revoked by the city council.
(Prior code $6404).
Chapter 5.29
BINGO
Sections:
5.29.010
5.29.020
5.29.030
5.29.040
5.29.050
5.29.060
5.29.070
5.29.080
5.29.090
5.29.100
5.29.110
5.29.120
5.29.130
5.29.140
5.29.150
5.29.170
Authority.
Definition.
Organizations permitted to conduct bingo games.
Minors.
Open to the public.
Staffing and operation.
No profit, wage or salary.
Where bingo may be conducted.
Bingo equipment.
Financial interest.
Separate fund.
Records.
Total value of prizes.
Physical presence at bingo game required.
Hours of operation.
Authority to inspect premises and records.
(Campbell 9/88} 86
Campbell
BILLIARDS
2097 South Bascom Avenue
Campbell, CA 9S008
408-377-3104
Date:
To:
From:
Re:
October 6, 1989
City of Campbell Planning Department
Paul Y. Namkoong, Owner, Campbell Billiards
REQUEST TO MODIFY RESOLUTION NO. 2605
PERTAINING TO UP 85-03/M 89-05
One of the conditions that I am operating under restricts the sale of alcoholic
beverages on the premises.
I am requesting reconsideration of this condition for the following reasons:
Many customers have requested beer or wine and will frequent my establish-
ment if it were available. They now continue to frequent California Billiards
and Milpitas Family Billiards because of this. They would rather stay in ·
the Campbell area where they reside.
I have had several requests for company and fraternal organizations for
tournament play but because beer and wine are not available, they have gone
elsewhere. I still have two tournaments pending dependent upon my ability
to sell beer and wine.
3. I have an adequate menu, so food is always available and next door to me
is a restaurant with a more diversified menu.
®
So far my clientele is well behaved with an average age ranging from 19 to
50 years old. We do enforce a dress code and have not had any problems
that I'm aware of.
®
My experience in managing a facility that serves alcoholic beverages comes
from managingnight clubs and bars throughout the last 24 years in the
hotel industry.
Section 5.28.010a states that "no person under the age of twenty-one years shall
be permitted to play pool or billiards in a tavern or bar or in establishments
where alcoholic beverages are sold."
If I were granted permission to sell beer and wine and were following Section 5.28.010
of the Municipal Code, I would lose approximately 18% of my existing clients. Other
billiard rooms in Santa Clara County, including California Billiards, Milpitas
Family Billiards, Saratoga Lanes, and 4th Street Bowl, permit minors in their
establishments even though alcoholic beverages are sold on their premises.
Campbell Planning Dept - 2
October 6, 1989
Therefore, I am asking for your thoughtful consideration to one of the following
alternatives:
1. Minors be allowed on premises and that the burden of compliance of the
liquor laws falls on the operator of the billiard room; or,
2. Minors be allowed until 6 p.m. and that beer and wine can only be sold subse-
quent to 6 p.m. of each day; or,
Be
Minors be allowed access but that any "pool table" that contains one minor not
be allowed to purchase beer and wine even though the other player or players
are 21 years old; or,
4. A section of the billiard room be designated for minors and groups mixed with
minors and that no beer and wine be sold in that area; or,
5. Any combination of the above; or,
6. A trial period of any one or any combination of the above; or,
7. Strict compliance with 5.28.010.
Your consideration of the above will assist me in being competitive in the area.
I am at a disadvantage at the moment.
Thank you for your consideration.
lly submitted,
Paul Y. Namkoong, Owner~