RESOLUTION NO. 22-24
Resolution Of The City Council Of The City Of Emeryville Authorizing The Chief Of Police To Issue An Annual Cabaret License To BMZ Enterprises, LLC, dba Rudy’s Can’t Fail Café, For Calendar Year 2022
WHEREAS, Emeryville Municipal Code 5-4.03 provides that a license is required to operate a cabaret in the City of Emeryville; and
WHEREAS, an applicant for an Annual Cabaret License is required to submit an application to the Police Department; and
WHEREAS, BMZ Enterprises, LLC, dba Rudy’s Can’t Fail Café, 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 BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café 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, the City Council held a public hearing on March 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 hereby approves an Annual Cabaret License for calendar 2022 to BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café, subject to the Conditions of Approval, attached hereto as Exhibit A, and authorizes the Chief of Police to issue said license.
DocuSign Envelope ID: 3A8E2ABE-7D1E-4D72-B95B-51A8771C23D3 Resolution No. 22-24
Rudy’s Can’t Fail Café Cabaret Permit
City Council Meeting | March 1, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, March 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: 3A8E2ABE-7D1E-4D72-B95B-51A8771C23D3
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 BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café and on the patio portion of the business. • Upon receipt of a noise complaint from any adjacent or neighboring properties during any cabaret event at BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café, BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café will immediately discontinue all music.
• Hours of operation for this Annual Cabaret License would be restricted to Tuesday through Saturday, 8:00 AM to 10:00 PM and Sunday through Monday 8:00 AM to 3:00 PM.
• BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café shall be required to designate a contact person from BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café 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 BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café 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.