DATE:
September 6, 2022
TO:
Adam Politzer, Interim 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 A 2022 Annual Cabaret License To The Bureau of Emeryville, LLC dba The Bureau 510
RECOMMENDATION
Staff recommends the City Council adopt the above-entitled resolution approving The Bureau of Emeryville, LLC dba The Bureau 510 application for an Annual Cabaret License and authorizing the Chief of Police to issue said license for the calendar year 2022.
BACKGROUND
The Bureau of Emeryville, LLC dba The Bureau 510 is seeking an Annual Cabaret License to hold a fashion show every 2 to 3 months within their business located at 5800 Hollis Street during the hours of Monday through Sunday 6:00 PM to 8:00 PM, commencing on September 29, 2022. The Bureau of Emeryville, LLC dba The Bureau 510 is also seeking an Annual Cabaret to present live music entertainment once a week within their business and on the patio area during the hours of Monday through Sunday 5:00 PM to 7:00 PM.
The Police Department has investigated the application of The Bureau of Emeryville, LLC dba The Bureau 510 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. No complaints or concerns regarding noise involving The Bureau of Emeryville, LLC dba The Bureau 510 have been received. In 2021, there were 19 calls for service in or about the location of the applicant address. Of the listed calls, none of them were associated with a noise complaint involving The Bureau of Emeryville, LLC dba The Bureau 510. The majority of the calls were associated with false alarm activations and miscellaneous public notifications. (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 if approved permits The Bureau of Emeryville, LLC dba The Bureau 510 to hold periodic fashion shows inside the business, every 2-3 months, starting on September 29th, 2022, and, in addition to the fashion shows, the playing of live music within the business and patio area once a week.
Upon receipt of noise complaints during any cabaret event at The Bureau of Emeryville, LLC dba The Bureau 510 The Bureau of Emeryville, LLC dba The Bureau 510 will immediately discontinue the event and all music.
Hours of operation for this Annual Cabaret License would be restricted to Monday through Sunday, 6:00 PM to 8:00 PM for the fashion shows and Monday through Sunday, 5:00 PM to 7:00 PM for the live music.
The Bureau of Emeryville, LLC dba The Bureau 510 shall be required to designate a contact person from The Bureau of Emeryville, LLC dba The Bureau 510 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 The Bureau of Emeryville, LLC dba The Bureau 510 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.
The 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 that the City Council hold a public hearing, and then adopt the above-entitled resolution approving the application for a 2022 Annual Cabaret License for The Bureau of Emeryville, LLC dba The Bureau 510, with the conditions specified above.
PREPARED BY: Captain Oliver Collins
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Adam Politzer, Interim City Manager
ATTACHMENTS
Draft Resolution
Exhibit A: Conditions of Approval
The Bureau of Emeryville, LLC Cabaret License
| September 6, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM