CC Resolution 10180
,
RESOLUTION NO. 10180
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL REVOKING THE LIVE ENTERTAINMENT PERMIT
ISSUED TO STEPHEN G. DUNCAN AND MARTHA B.DUNCAN FOR
THE BUSINESS COMMONLY KNOWN AS OFF THE HOOK SPORTS
BAR AND GRILL AT 2369 SOUTH WINCHESTER BOULEVARD
The City Council of the City of Campbell having held a hearing pursuant to Campbell Municipal
Code Section 5.01.150, and based on substantial evidence before it, finds as follows with regard
to the live entertainment permit held by Stephen G. Duncan and Martha B. Duncan ("licensees")
for the business commonly known as Off the Hook Sports Bar and Grill located at 2369 South
Winchester Boulevard:
1. In association with the live entertainment and operation of the business, the licensees'
establishment has exceeded the lawful occupant capacity;
2. The licensees have conducted live entertainment on days and times other than
approved under their live entertainment permit;
3. In association with the live entertainment and operation of the business, patrons of the
establishment have engaged in throwing beer cans at one another in the public
parking lot of the shopping center where the establishment is located;
4. The establishment is located within 200 feet of a residential neighborhood;
5. In association with the live entertainment and operation of the business, patrons have
engaged in the use and sale of illegal drugs in the presence of employees ofthe
establishment;
6. In association with the live entertainment and operation ofthe business, patrons have
removed alcoholic beverages form the premises for consumption off-site;
7. In association with the live entertainment and operation of the business, the
establishment has served alcoholic beverages to persons under the age of 21 years;
8. In association with the live entertainment and operation of the business, patrons have
been observed becoming physically aggressive toward others in the establishment.
Wherefore, based on the foregoing findings of fact, the City Council further finds and
concludes:
.
1. The continuance of the operations of the licensee under such license
shall be contrary to the public health, safety, peace, welfare and morals;
2. The establishment is being operated in violation of penal provisions of
applicable law, and the conditions of the live entertainment permit;
3. The conduct of the business constitutes a public nuisance, and is
otherwise improper and disorderly.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Campbell that the live entertainment held by Stephen G. Duncan and Martha B. Duncan is
hereby revoked.
Passed and adopted this 6th day of May, 2003, by the following vote:
Ayes: Councilmembers: Watson, Kennedy, Dean, Burr, Furtado
Noes: Councilmembers: None
Absent: Councilmembers: None
Abstaining: Councilmembers: None
Not Participating: Councilmembers: None
Attest:
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AIl e C. Bybee, CIty Clerk