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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 -1- 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 er -2- P\99-g-� 4r (gav of A3=6,pm 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