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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: / ~~ AIl e C. Bybee, CIty Clerk