Resolution 1996-17
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RESOLUTION NO. 96-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY MAKING CERTAIN FINDINGS AND REVOKING
BAR PERMIT NO. 103355 ISSUED TO CLUB AS DE
OROS AND JESUS MANUEL DE LA CRUZ
WHEREAS, a business known as the Club As De Oros, owned
by Jesus Manuel De La Cruz ("Appellant") is the possessor of Gilroy
Barroom Permit No. 103355 (the "Bar Permit"); and
WHEREAS, the Bar Permit was most recently issued on
January 22, 1996, and was accepted by Appellant in writing; and
WHEREAS, in the attachment to the Bar Permit there are
recitals that provide in pertinent part as follows:
During the past year, there have been 110
calls for service in and around this location.
Included in those calls were two incidents in
which minors were located inside the bar.
There have been several incidents of public
intoxication and peace disturbances caused by
music, fights and loud customers.
It is the responsibility of the bar owner to
take necessary measures to insure that these
incidents are kept to a minimum.
and
WHEREAS, condition 11 of the Bar Permit provides as
follows:
11. Club As De Oros must comply with all laws
and regulations, including those pertaining
to the distribution of alcohol
and
WHEREAS, the Bar Permit further provides:
Failure to comply with the requirements and
restrictions imposed by the Chief of Police,
or by this permit, will be grounds for
revocation of the permit, in addition to those
grounds for revocation of a bar permit as set
forth in Section 16.5 of Chapter 16 of the
Gilroy City Code.
WHEREAS, pursuant to Section 16.5 of the Gilroy City
Code the City Administrator is authorized to revoke barroom permits
subject to review by the City Council; and
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RESOLUTION 96-17
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WHEREAS, on February 23, 1996 the city Administrator
took action to revoke the Bar Permit, and issued a "Notice of
Revocation of Bar Permit" in writing stating in part that the Bar
Permit would be revoked effective March 12, 1996 unless the
revocation was appealed to the city Council for hearing on March
11, 1996, which Notice of Revocation was served upon Appellant on
February 23, 1996; and
WHEREAS, Appellant on February 26, 1996 presented to the
City its "Notice of Right to Appeal" exercising its right to a
hearing by the City Council; and
WHEREAS, the City Council scheduled a duly noticed
public hearing for March 11, 1996, at which meeting various
presentations by the public and by the Attorney for Appellant were
entertained, and the commencement of the evidentiary portion of the
hearing was continued at the request of Appellant until April 8,
1996; and
WHEREAS, said evidentiary hearing was conducted by the
City Council, sitting as a quasi-judicial body, on April 8, April
9, April 11 and April 16, 1996, at which hearing the City received
oral and written testimony presented by the City Administrator and
by the Appellant, and both the City Administrator and Appellant
were permitted to cross-examine witnesses presented by the other
party, to present his own testimony through his own witnesses, and
to present documentary evidence and written and oral argument to
the City Council; and
WHEREAS, members of the public were also permitted to
address the City Council on this matter; and
WHEREAS, the City Council has carefully considered and
reviewed all of the written and oral testimony offered in this
matter and the arguments of the City Administrator and Appellant.
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RESOLUTION 96-17
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NOW, THEREFORE, BE IT RESOLVED THAT the Gilroy City
Council hereby makes findings that are supported by substantial
evidence in the record as follows:
1. Without a required adult business permit, Club As
de Oros has operated on at least two occasions (February 6,
1996 and February 8, 1996) as an "adult cabaret," as
described by City Code Sec. 2A.1(a) (3), featuring semi-nude
female lap dancers under the age of 18. The entertainment
included the exposure of "specified anatomical areas" as
described by City Code Sec. 2A.1(r) and "specified sexual
activities" that are described under City Code Sec. 2A.1(t).
This entertainment is found to be in violation of the
following City Code sections:
a) Sec. 2A.2 (operation of adult business without
a permit);
b) Sec. 2A.20(a) (1) (admittance of persons under
18)
c) Sec. 2A.20(a) (2) (persons under 18 remaining at
premises)
d) Sec. 2A.20 (a) (4) (persons under 18 working at
premises)
e) Sec. 2A.23(1) (a) and (5) (breach of duty re:
operation w/o permit)
f) Sec. 2A.24 (a) and (b) (conduct in violation of
Chapter is declared to be a public nuisance and a
misdemeanor)
Each of these repeated violations is found to be disorderly
conduct that is declared to be a public nuisance and is
detrimental to the public welfare.
2. In violation of City Code Sec. 16.13-1, the
entertainment at Club As de Oros has been performed on at
least two occasions (February 6, 1996 and February 8, 1996)
while "nude", as that term is used in that Section.
This
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RESOLUTION 96-17
duty defined by Sec. 2A.23(1) (a) and (5).
C1 ub As de Oros
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conduct is in violation of the terms of the Bar Permit
itself.
3. Club As de Oros has failed to comply with laws and
regulations and has thereby violated the terms of the Bar
Permit by operating on at least two occasions (February 6,
1996 and February 8, 1996) in violation of City Code Sec.
2A.2 (non-permitted adult business) and in violation of the
has further failed to comply with all laws and regulations
by violating City Code Sec. 2A.20(a) (1)
(admittance of
persons under 18),
Sec. 2A.20 (a) (2)
(persons under 18
remaining at the premises), and Sec. 2A.20 (a) (4) (persons
under 18 working at premises) .
4. On numerous occasions (including April 30, 1995,
November 25, 1995, December 8, 1995, January 28, 1996,
January 29, 1996, February 6, 1996 and February 8, 1996)
persons under the age of 21 have been permitted to enter
into and to remain in the Club As de Oros in violation of
Bus. & Prof. Code Sec. 25665.
The last four of these
violations occurred after the Bar Permit was renewed by the
Appellant on January 22, 1996, at which time Appellant
signed the Bar Permit acknowledging the existence of prior
violations involving the presence of minors in the Club.
This conduct is in violation of the terms of the Bar Permit
i tse1 f.
5. The repeated and continuing operation of Club As
de Oros as an unlawful adult business,
specifically
involving the repeated use of persons under the age of 18 as
featured entertainers, is found to be repeated disorderly
conduct that is detrimental to the public welfare and
grounds for revocation of the Bar Permit under City Code
Section 16.5
6. The repeated and continuing operation of Club As
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RESOLUTION 96-17
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de Oros in such a manner as to allow minors to enter into
and remain in the premises is found to be repeated
disorderly conduct that is detrimental to the public welfare
and grounds for revocation of the Bar Permit under City Code
Section 16.5
7. Club As de Oros has violated the terms of the Bar
Permit by its failure to comply with all laws and
regulations including those pertaining to the distribution
of alcohol, thus constituting grounds for revocation of the
Bar Permit under the terms of the Bar Permit itself.
BE IT FURTHER RESOLVED THAT based upon the foregoing
findings Permit No. 103355 issued to Club As de Oros is hereby
revoked effective April 22, 1996.
PASSED AND ADOPTED this 22nd day of April, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPRnD:
LV!y14 (j) j .
Donald F. Gage, M
City C erk
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RESOLUTION 96-17
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-17 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 22nd day of
which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 26th day of April ,1996.
April
, 19~, at
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(Seal)