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CC Resolution 10949 RESOLUTION NO. 10949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAIMENT PERMIT TO GITANA AND DAVOOD LAZARNEJAD FOR THE BUSINESS COMMONLY KNOWN AS GITANA'S PERSIAN BISTRO, LOCATED AT 1740 SOUTH WINCHESTER BOULEVARD. WHEREAS, After notification and public hearing and presentation by the Police Department, after due consideration of all the evidence presented the City Council did find as follows: 1. The applicant is over eighteen years of age; 2. The required application fee has been paid; 3. As of the present date, there is no substantial evidence that the applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application; 4. As of the present date, there is no substantial evidence that the proposed use as conditioned would constitute a violation of the provision of the Municipal Code, or other applicable law; 5. As of the present date, there is no substantial evidence that the applicant has been convicted of a felony or crime of moral turpitude; 6. As of the present date, there is no substantial evidence that the proposed operation as conditioned would result in a public nuisance as defined in the Municipal Code, or Section 370 of the California Penal Code. WHEREAS, the City Council approves a Live Entertainment permit to Gitana and Davood Lazarnejad to allow late night activities and live entertainment for the property located at 1740 S Winchester Boulevard and on behalf of Gitana's Persian Bistro. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves a Live Entertainment permit to Gitana and Davood Lazarnejad on behalf of Gitana's Persian Bistro to allow late night activities and live entertainment at the property located at 1740 S Winchester Boulevard subject to the following conditions: 1. The hours of operation for live entertainment shall be restricted to 7:00 p.m. to 9:00p.m. on Thursdays, and 7:00 p.m. to 11 :00 p.m. on Fridays and Saturdays; 2. The types of live entertainment offered at the establishment would consist of live bands and D.J.; 3. The owner/operator of the subject property shall provide one bonded, certified (guard card), uniformed, security guard for every 50 patrons in conjunction with the live entertainment events; 4. All Bartenders, door and security staff obtain ABC LEADS training with-in 30 days of hire; 5. Live Entertainment will be limited to a maximum of four performers; 6. Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet from the business' tenant space. In no case may noise from the live entertainment disrupt neighboring residences or businesses; 7. No cover charge may be imposed. PASSED AND ADOPTED this 2nd day of September, 2008 by the following roll call vote: AYES: Council members: Furtado, Kennedy, Low, Burr NOES: Councilmembers: None ABSENT: Councilmembers: Hernandez APPROVED: ~~ ~ ~~~ onald Burr, Mayor .J ATTEST: t4~ Anne Bybee, City Clerk