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HomeMy WebLinkAboutResolution No. 467157 RESOLUTION NO. 4671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, GRANTING THE EXTENSION OF LIVE ENTERTAINMENT PERMIT FOR VIA MARIA RESTAURANT SUBJECT TO CONDITIONS OF APPROVAL WHEREAS, on June 12 , 1995, the City Council of the City of Cypress granted a live entertainment permit to Via Maria Restaurant at 9969 Walker Street, Cypress, for a period of one (1) year as authorized under Chapter 9, Article I of the Code of the City of Cypress; and WHEREAS, the business operations as conducted by Via Maria have evolved from primarily a restaurant establishment to primarily a night club area; and WHEREAS, the Cypress Police Department has responded to approximately 87 calls for service at Via Maria within a one year period of time, as compared to 36 calls for service for the previous twelve months; and WHEREAS, as a result of the current business operations of Via Maria, the following conditions have created an impact on the safety and welfare of the City of Cypress: (1) Due to the large crowd size and small conditions within the establishment, a large number of patrons consume large amounts of alcohol who often become involved in fights or operate a vehicle while under the influence; (2) A consistent pattern of practice occurs wherein every Friday night the parking lot of Via Maria is heavily strewn with discarded alcoholic beverage containers. Drinking alcoholic beverages in a vehicle and /or in the private parking lot is a violation of Section 17 -40 of the Code of the City of Cypress; (3) There has been a high number of physical altercations inside the business establishment and in the parking lot in comparison to other Cypress food /bar establishments; (4) It has been observed that a significant number of vehicles leaving the parking lot at closing time do so in a dangerous manner, e.g., vehicles are frequently seen speeding, weaving in and around other cars at unsafe speeds, and skidding across the roadway endangering the lives of pedestrians in the parking lot; (5) During peak times on Friday night, the main room occupancy rating may exceed the maximum limit; and (6) Many of the patrons visiting Via Maria on Friday nights are not local residents which has been attributed to the type of music played and which can attribute to the various criminal acts that have occurred at Via Maria. WHEREAS, the City Council of the City of Cypress may approve an application for a live entertainment permit with conditions in order to mitigate those conditions of the business establishment which may be detrimental to the public health, safety, morals or general welfare of the citizens of the City of Cypress; and WHEREAS, Section 9 -10 of the Code of the City of Cypress authorizes the City Council to make rules governing all live entertainment conducted within the City of Cypress. 58 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA does resolve, declare, determine, and order as follows: That the extension of live entertainment permit for Via Maria Restaurant is hereby granted, subject to all of the conditions of approval attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of July, 1996. MAYOR OF THE CITY OF CYPRESS ATTEST: oh CITY "CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 22nd day of July, 1996, by the following roll call vote: AYES : 3 COUNCIL MEMBERS : Age, Carroll and Bowman NOES : 2 COUNCIL MEMBERS : Jones and Kerry ABSENT: 0 COUNCIL MEMBERS: None 4 c,‘, a, ' 44, CITY CLERK OF THE CITY OF CYPRESS 59 MODIFICATION OF CONDITIONS TO THE LIVE ENTERTAINMENT PERMIT FOR VIA MARIA RESTAURANT (IN ADDITION TO THE CONDITIONS OF JUNE 12, 1995) Provide sufficient on -site trained security personnel during all periods when live entertainment is offered and upon closing, until all vehicles have exited the parking lot. Such security personnel shall be employed at the expense of Via Maria, who will be responsible for maintaining the health and welfare of patrons and the peace and security of the public surrounding the premises.