DATE:
March 1, 2022
TO:
Christine Daniel, City Manager
FROM:
Jeff Jennings, Chief of Police
SUBJECT:
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
RECOMMENDATION
Staff recommends the City Council adopt the above-entitled resolution approving the BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café, application for an Annual Cabaret License and authorizing the Chief of Police to issue said license for the calendar year 2022.
BACKGROUND
BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café, is seeking an Annual Cabaret License to present live music entertainment at Rudy’s Can’t Fail Café, 4081 Hollis Street, during the hours of Tuesday through Saturday, 8:00 a.m. to 10:00 p.m. and Sunday through Monday 8:00 a.m. to 3:00 p.m.
The Police Department has investigated BMZ Enterprises’, LLC dba Rudy’s Can’t Fail Café, application and is recommending approval of the Annual Cabaret License with the listed Conditions of Approval included as part of the license.
Discussion
Emeryville Municipal Code Section 5-4.03 provides that a license is required to operate a cabaret in the City of Emeryville. An application is submitted to the Police Department, which conducts a background investigation of the applicant and the proposed cabaret operation (EMC Sections 5-4.04, 5-4.06). At the conclusion of the investigation, the Chief of Police submits a report and recommendation on whether the requested license should be granted, and whether any conditions should be imposed (EMC 5-4.06). Thereafter, the City Council is required to conduct a public hearing to consider issuance of license and may impose conditions on the cabaret operation (EMC 5-4.07). The Annual Cabaret License expires on December 31 of each year, and an applicant is then required to apply for a new annual license. The Police Department has conducted the investigation and prepared this report with the following recommendations.
The Police Department does not have any existing concerns regarding this annual cabaret license. We have not received complaints or concerns regarding noise complaints involving BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café. In 2021, there were seven calls for service in or about the location of the applicant address. Of the listed calls, only two were associated with Rudy’s Can’t Fail Café. Of the two calls, one involved an assault of a patron from a passerby and the other involved a verbal argument between two patrons. The remaining calls associated to the business were security checks conducted by Officers. (See Attachment 1) Staff recommends approval of this license application with the following conditions:
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.
Emeryville Municipal Code Section 5-4.03 requires City Council Approval of every operation of a Cabaret within the City Limits.
FISCAL IMPACT
None
STAFF COMMUNICATION WITH THE PUBLIC
None
CONFLICT OF INTEREST
None
CONCLUSION
Staff recommends the City Council conduct a public hearing on this application and thereafter adopt the resolution approving the application for a 2022 Annual Cabaret License for BMZ Enterprises, LLC dba Rudy’s Can’t Fail Café, with the conditions specified above.
PREPARED BY: Oliver Collins, Captain
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Christine Daniel, City Manager
ATTACHMENTS
Resolution
Exhibit A – Conditions of Approval
BMZ Enterprises, LLC, dba Rudy’s can’t Fail Café, Cabaret License | March 1, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM