RESOLUTION NO. 22-14
Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To Emeryville Parcel CFG (DE) LLC (The Public Market) For Calendar Year 2022
WHEREAS, Emeryville Municipal Code 5-30.03 provides that a license is required to operate a cabaret in the City of Emeryville; and
WHEREAS, an applicant for a cabaret license is required to submit an application to the Police Department; and
WHEREAS, Emeryville Parcel CFG (DE) LLC (The Public Market) has submitted an application for an annual cabaret license for calendar year 2022 to the Emeryville Police Department; and
WHEREAS, the Chief of Police has conducted an investigation of the Emeryville Parcel CFG (DE) LLC (The Public Market) application and has prepared a report and recommendation as required by the Emeryville Municipal Code; and WHEREAS, the Chief of Police has recommended the application be approved and an Annual Cabaret License issued subject to conditions of approval; and WHEREAS, it can be seen with certainty that issuance of an Annual Cabaret License to the Emeryville Parcel CFG (DE) LLC (The Public Market) will have no possibility of having a significant effect on the environment and therefore said issuance is exempt from review under the California Environmental Quality Act; and
WHEREAS, the City Council held a public hearing on February 1, 2022, to consider the application, the report and recommendations by the Chief of Police, and the comments received from the public regarding the application; now, therefore, be it RESOLVED, pursuant to Emeryville Municipal Code Section 5-4.07, the City Council of the City of Emeryville finds that the above recitals are true and correct and are incorporated herein, and hereby approves an annual cabaret license for calendar year 2022 to Emeryville Parcel CFG (DE) LLC (The Public Market), subject to the Conditions of Approval, attached hereto as Exhibit A, and authorizes the Chief of Police to issue said license.
DocuSign Envelope ID: 65F8B680-6A0A-40FA-9215-4EC8339BF857 Resolution No. 22-14
Emeryville Public Market Annual Cabaret Permit
City Council Meeting | February 1, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, February 1, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK INTERIM CITY ATTORNEY
ATTACHMENTS
Exhibit A – Conditions of Approval
DocuSign Envelope ID: 65F8B680-6A0A-40FA-9215-4EC8339BF857
CALIFORNIA
EXHIBIT A
CONDITIONS OF APPROVAL
• The Annual Cabaret License would be valid through to December 31, 2022. Any Annual Cabaret License sought for subsequent years would require another application and an approval by the Emeryville City Council. • The Annual Cabaret License permits music to be played inside the Emeryville Parcel CFG (DE) LLC (The Public Market), 5959 Shellmound St., Emeryville, CA 94608 and not on the exterior patio.
• All exterior doors and windows will be closed for the designated date and times of each cabaret event.
• Upon receipt of a noise complaint from any adjacent or neighboring properties during any cabaret event at the Emeryville Parcel CFG (DE) LLC (The Public Market), Emeryville Parcel CFG (DE) LLC (The Public Market) will immediately discontinue all music.
• Hours of operation for this Annual Cabaret License would be restricted to Monday through Sunday, 9:00AM to 12:00AM.
• Emeryville Parcel CFG (DE) LLC (The Public Market) shall be required to designate a contact person from Emeryville Parcel CFG (DE) LLC (The Public Market) for all complaints from the public and to interface with the Emeryville Police Department. This contact person shall be made known to the Emeryville Police Department and all complaining parties upon request. The contact person shall be immediately available for all concerns or complaints. • Any violations of these conditions or any listed in Emeryville Municipal Code 5-
4.24 by Emeryville Parcel CFG (DE) LLC (The Public Market) owners, managers, or employees may result in suspension or revocation of this Annual Cabaret License, pursuant to Emeryville Municipal Code Sections 5-4.08, 5-4.09.