study sessionMEETING DATE: 11/03/15
STUDY SESSION
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COUNCIL AGENDA REPORT
DATE: OCTOBER 22, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER7�
SUBJECT: STUDY SESSION TO DISCUSS ALCOHOL BEVERAGE SERVICE,
ENTERTAINMENT, AND OUTDOOR SEATING
BACKGROUND:
On October 6, 2015 the Council received public testimony at a study session regarding alcohol
beverage service and entertainment. The public testimony filled the time allotted for the study
session and the Council did not have an opportunity to discuss the matter. Following the public
testimony, the matter was continued to a study session on November 3, 2015. Along with alcohol
beverage service and entertainment, many speakers addressed outdoor seating as it was on the
regular meeting agenda for October 6, 2015, and relates closely with alcohol beverage service and
entertainment. Staff has included the discussion points related to alcohol beverage service and
entertainment for this study session.
Outdoor seating was discussed during the regular meeting on October 6, 2015 along with several
other retail related regulations, and the Town Council continued the discussion with the
recommendation that the retail issues and outdoor seating be divided and discussed separately to
allow the Council to more easily consider the options. Staff has included the discussion points
related to outdoor seating for this study session.
DISCUSSION:
Alcohol Beverage Service and Entertainment
The October 6, 2015 study session report contained the following questions and issues associated
with an update to the Town's Alcohol and Entertainment Policy and provided a framework for
Council discussion. A high level summary of the framework and some of the discussion
questions are repeated in this report. The Council's input will determine the next steps in the
Policy update process.
PREPARED BY: JOEL PAULSON
Planning Manger
Reviewed by: Assistant Town Manager _'own Attorney t i Finance
N:\DEV \TC REPORTS\ 2015WcohoMEntelainmentStudySession l 1- 3- 15.doex Refonnatted: 5/30/02
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MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
OCTOBER 22, 2015
Alcohol Beverage Service
1. Ordinance or Policy:
• Should the requirements for alcohol beverage service be provided in an Ordinance or
Policy?
2. Goal of potential revisions:
• What is the intended outcome of any potential revisions?
• Should the Town increase or decrease its regulation of alcoholic beverage service?
3. Permit Requirement:
• Continue with a Conditional Use Permit (CUP) for all alcoholic beverage service
uses?
• Only require a CUP for establishments in which the primary activity is consuming
alcoholic beverages (e.g., bar, wine bar, craft beer tasting, etc.) and do not require a
CUP for restaurants and cafes?
• Only require a CUP for full alcohol service and not for establishments offering beer
and wine only?
• Require a CUP if a brewery, distillery, or winery offers tasting/on -site consumption?
• No CUP for occasional alcoholic beverage service, such as gallery openings, special
events at retail stores, office parties, etc.?
• Other?
• Limit hours to 11 p.m. Sunday through Thursday, except holidays and
evenings before holidays
• Limit hours to 1 a.m. Friday, Saturday, holidays, and evenings before holidays
Entertainment
1. Ordinance or Policy:
• Should the requirements for entertainment be provided in an Ordinance or Policy?
Goal of potential revisions:
• What is the intended outcome of any potential revisions?
• Should the Town increase or decrease its regulation of entertainment?
3. Permit Requirement:
• CUP requirement or separate entertainment permit for all entertainment and for all
types of businesses?
• CUP requirement for nightclubs only? Identify any other business types that would
also need a CUP to offer any entertainment.
• No permit if entertainment is offered between 11 a.m. and 10 p.m. (or other defined
hours)?
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MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
OCTOBER 22, 2015
o CUP requirement for entertainment after 10 p.m. or
o Create anew entertainment permit for entertainment after 10 p.m.
• No permit if entertainment is occasional, such as gallery openings, special events,
etc.?
Cross Cutting Issues for Both Alcohol and Entertainment
1. Operational Requirements:
• Create standard operational requirements for designated drivers, transportation
services information, employee education, security, etc.?
• All establishments must meet the Town's noise requirements with a clear metric such
as measured 50 feet from the tenant space?
• All establishments must have an on -site manager to respond to neighbor concerns?
• All establishments assume responsibility for behaviors occurring within their private
parking lots that serve their businesses?
• All establishments must remain in good standing with all conditions in all permits
(CUP, Entertainment, other)?
• Other?
Outdoor Seating
In addition, the October 6, 2015 staff report that addressed outdoor seating included the
following discussion points for the Council to consider:
• Consider guidelines for outdoor seating including the use of public right -of -way and
private property, including rooftop seating.
• Consider mechanisms for permitting outdoor seating on both a temporary and ongoing
basis.
• Consider how the number of outdoor seats should be calculated and if it should be a part
of the total seats allowed in a restaurant, or if additional seats may be permitted if outdoor
space exists.
• Consider how the Town defines seats both indoors and out, and if seats should be
permitted based on on -site parking and parking credits, square footage, or fire code
occupancy.
During the public testimony, several business owners and residents commented on alcohol
beverage service, entertainment and outdoor seating given that they all seem to directly relate to
the experience a guest receives when visiting a Los Gatos merchant. The climate in Los Gatos is
a key factor in the expressed interest in outdoor dining, and the menu items and entertainment
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MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
OCTOBER 22, 2015
create an ambiance for the guest to enjoy. Many speakers discussed the vibrancy outdoor dining
areas and entertainment can bring to a town.
With the limited amount of public right of way, particularly in downtown, finding spaces to for
such outdoor dining can be a challenge. The required minimum sidewalk width is four feet and
there are some locations in the downtown where outdoor seating can be accommodated (e.g.,
Forbes Mill Restaurant). Staff recognizes that the preparation of a map depicting existing
opportunities for new outdoor seating would be informative; however, in -lieu of a map staff is
available to work with business owners on a site specific basis to identify the appropriate
configuration and potential amount of outdoor seating for the particular location.
Business owners have presented creative solutions for the Council to consider including
"parklets" which utilize on street parking spaces for dining opportunities and rooftop dining on
some buildings. Once the discussion expands outside of downtown, the opportunity for
restaurants to add outdoor dining on both a temporary and permanent basis expands as many of
these businesses have wider sidewalks, or are situated in a neighborhood center with private
sidewalk space that could be utilized for both dining and entertainment.
Current regulations require any Los Gatos merchant, downtown or otherwise, to have outdoor
seating, entertainment, and /or alcoholic beverage service explicitly allowed within their
Conditional Use Permit for the merchant to offer any of these options.
CONCLUSION/NEXT STEPS
At the study session, the Council may direct specific next steps. The Council could consider the
general regulatory approach for alcohol beverage service, entertainment, and outdoor seating
becoming more or less restrictive, and if this should be achieved through a policy or Town Code
amendment. The Council may then provide direction regarding the matters outlined in the
October 6, 2015 staff report and /or other items.
Depending on the Council direction, the next step may be further Town Council, Policy
Committee, and/or Planning Commission consideration.
COORDINATION:
This report was coordinated with the Community Development Department and Economic
Vitality through the Town Manager's Office.
Attachments (Previously received with October 6 2015 study session Staff Report):
1. 2001 Alcoholic Beverage Policy
2. Draft Town Code language prepared by staff regarding alcoholic beverage service for the
May 5, 2015 Town Council meeting
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MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
OCTOBER 22, 2015
3. Draft Town Code language prepared by staff regarding entertainment for the May 5, 2015
Town Council meeting
4. Proposed Town Code language prepared by Mayor Jensen regarding alcoholic beverage
service and entertainment