HomeMy WebLinkAboutReso - CC - 099-19858/28/85
that:
RESOLUTION NO. 99-85
RESOLUTION MAKING FINDINGS - REVIEW OF AMUSEMENT
PERMIT - PEABODY'S
RESOLVED, by the CITY COUNCIL of the City of Burlingame
WHEREAS, the Amusement Permit of Peabody's Restaurant
located at 1819 E1 Camino Real was reviewed on August 19, 1985,
and
WHEREAS, reports and testimony were taken regarding
compliance with the Amusement Permit approved on June 17, 1985,
are made:
NOW, THEREFORE, the following findings and conclusions
FINDINGS OF FACT
1. The permit, as approved on June 17, 1985, required
that the performers not dance with customers, nor that the
customers touch the dancers; those conditions were violated and
breached by the permittee.
2. The maintenance and operation of the activities
permitted under the permit (female and male strip tease dance
performances), under the circumstances of the particular case,
are detrimental to the health, safety, comfort and general
welfare of persons attending such performances in that:
(a) The partially clad performers are allowed and
encouraged to come in close proximity to the patrons of the
establishment, and the beverages served to the patrons;
(b( The said performers perspire heavily, and, in view
of their movements during their performances, expose the patrons
and their beverages to unsanitary conditions, to wit: deposits of
perspiration and hair;
(c) The patrons, themselves, are encouraged, by the
activities and actions of the performers, to come in contact with
the performers, but without regard for hygienic conditions.
3. When offered the opportunity to provide reasonable
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means of adhering to the abovementioned conditions to the permit,
and of preventing the unsanitary and unhealthful conditions
described in finding 2 above, the permittee responded with no
proposals or alternative conditions.
At said regular meeting of August 19, 1985, it was the
decision of this Council that the continuance of the permit should
be denied and that the permit should be revoked.
Pursuant to Section 1094.6 of the Code of Civil Procedure,
any judicial review of this decision must be initiated within
ninety (90) days of this Resolution.
l
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Bur
do hereby certify that the foregoing Resolution was introduced
at a regular meeting of the City Council held on the 3rd
day of
September
following vote:
1985, and was adopted thereafter by the
AYES: COUNCILMEN: AMSTRUP, BARTON, MANGINI, PAGLIARO
NOES: COUNCILMEN: MARTIN
ABSENT: COUNCILMEN: NONE
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SAN MATEO COUNTY
CITY HALL -501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010 TEL:(415) 342-8931
September 4, 1985
Peter Reines
Peabody's
1819 E1 Camino Real,
Burlingame CA 94010
Dear Mr. Reines:
At its meeting of September 3, 1985, the Burlingame
City Council adopted Resolution 99-85 "Making Findings"
in connection with the revocation of Peabody's Amended
Amusement Permit. Enclosed is a certified copy.
Sincerely, o�
.udith A..MMa�llf�atti
City Clerk
cc: City Attorney