Attachment 2 - Redlined Late Night Entertainment Policy with recommended modifications
COUNCIL POLICY MANUAL
Title: Policy Regulating Entertainment in the Public Right-of-Way and Late Night Entertainment
Policy Number: 1-03
Effective Date: 6/22/2016 Pages: 3
Enabling Actions: Revised Date:
Approved:
ATTACHMENT 2
Small Town Service Community Stewardship Future Focus
PURPOSE
Entertainment contributes to the vibrancy of Los Gatos 'vibrancy and adds to the richness of
events and gatherings and shall not be regulated other than by Town Code. However,
entertainment occurring after 10 p.m. (“late night entertainment”), or when amplified in the
public right-of-way can compromise the quality of life for Town residents. Therefore, this
policy has been created to establish a permitting process and regulations for entertainment
in the public right-of-way and late night entertainment.
For the purposes of this policy:
Entertainment means any activity conducted for the primary purpose of diverting or
entertaining persons. in a premises open to the general public. Such entertainment may
include, but shall not be limited to, live musical performances, instrumental or vocal, dance
acts, concerts, live shows, amplified music or sound, dancing, DJ, karaoke, jam sessions,
comedy acts, poetry readings, trivia/group games and/or other similar activities.
Amplified Sound means the entertainment source’s volume is increased by any electric,
electronic, mechanical, battery, or motor-powered equipment.
Public Right-of-Way means any public property that is not owned by a private entity including
but not limited to public streets and roadways regardless of their current status to support
moving vehicles, alley ways, sidewalks, parking lots, and public parklets and planter boxes.
Semi-Permanent Parklet means a parklet that has been constructed in the public right-of-way
through the Town’s Parklet Program, being operated under a public-private partnership
between the Town and the adjacent business(es) with a valid operational agreement and
certificate of insurance with the Town of Los Gatos.
Entertainment with amplified sound is not permitted within the public right-of-way (including
public parks and open spaces, sidewalks, public parklets, parking lots, parking spaces, etc.) or
within a semi-permanent parklet located in the public right-of-way without an approved
special event permit subject to the provisions of the Town Code.
Title: Policy Regulating Late Night Entertainment
Page:
2 of 3
Policy Number: 1-03
Entertainment, with or without amplified sound, completely contained within the private
property of a business, including indoors, private patios and private parking lots, may occur
until 10 p.m., given the entertainment is compliant with the Town Code and the business’
Conditional Use Permit (CUP).
No outdoor entertainment is permitted past 10 p.m.
Late night entertainment is a discretionary privilege and is not to be construed to be a right
of development nor run with the land. The following provisions are intended to maintain and
enhance the continuing vibrancy and viability of the Town's public and commercial centers
while providing reasonable protections to residential neighborhoods in close proximity to
those areas.
POLICY AND PROCEDURES
I. Review Processes for Establishments with Late Night Entertainment
1. A late night entertainment permit shall be issued be the Town Manager. The Town
Manager may refer any application for a permit to the Development Review
Committee for its consideration and determination, which may be appealed to
Planning Commission and Town Council. The Town Manager or other deciding body
retains the right of approval or denial of each application based on its merits.
2. In determining whether to approve or deny an application for a late night
entertainment permit, the following factors will be considered:
a. The proposed use of the property is essential or desirable to the public
convenience or welfare;
b. The proposed use will not impair the integrity and character of the
zone;
c. The proposed use would not be detrimental to public health, safety or
general welfare; and
d. The proposed use of the property is in harmony with the applicable
guidelines, zoning ordinances, and/or provisions of the general plan.
3. An application and permit for late night entertainment shall be subject to all
applicable requirements of the Town Code, and any permit issued pursuant to this
policy shall include the following conditions:
a. The applicant shall be responsible for ensuring that noise resulting
from the entertainment meets all applicable provisions of the Town’s
noise ordinance. If noise complaints are received by Town Staff, the
Town reserves the right to require the applicant/permittee to hire a
Title: Policy Regulating Late Night Entertainment
Page:
3 of 3
Policy Number: 1-03
consultant to monitor noise levels to ensure that noise levels are within
the parameters established by Town Code for the zone in which
entertainment is occurring.
b. Security measures, which may include the requirement that the
applicant employ private security personnel, shall be undertaken and
established in and around the entertainment venue to deter unlawful
conduct or disturbance to adjacent residential neighborhoods.
c. Additional appropriate conditions may be included in any permit as
may be determined necessary to protect the public health, safety or
general welfare.
4. Any venue with a Conditional Use Permit (CUP) that expressly prohibits entertainment
will be required to obtain an amendment to its CUP in order to offer entertainment
pursuant to this policy. An applicant's request to amend an existing CUP for the
express purpose of adding permitted entertainment will not open the remainder of
the CUP to amendment or alteration unless specifically requested by the applicant.
5. Any permit issued pursuant to this policy may be suspended, modified or revoked by
the body that approved the permit following a public hearing if it is determined that
sufficient evidence exists that the permitted entertainment is operating, or has
operated, in a manner inconsistent with the requirements of its permit, or in a manner
that constitutes a public nuisance.
Approved as to Form:
___________________
Town Attorney