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Study Session Consider Alcohol Beverage PolicyMEETING DATE: 07/2/01 STUDY SESSION COUNCIL STUDY SESSION REPORT DATE: June 29, 2001 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGE SUBJECT: CONSIDER ALCOHOL BEVERAGE POLICY DISCUSSION: Over the last several months, the Town Council has considered two requests to expand alcohol service from beer and wine to full alcohol and one request for new beer and wine service. Council concluded that a Study Session should be held to discuss the current Alcohol Beverage Policy based on some concerns raised about the adequacy of the current Alcohol Beverage Policy to provide policy direction when reviewing future applications for new or expanded alcohol service. The minutes of these meetings are included as Attachment 1. The current Alcohol Beverage Policy is included as Attachment 2. In order to help focus the Council's discussion of the Alcohol Beverage Policy, the following two issue areas should initially be addressed: 1. BARS • Affirm the policy against new stand alone bars. • Policy Interpretation: Under the current policy new stand alone bars are discouraged, which has adequately regulated new stand alone bars. Since this policy was adopted, no new stand alone bars have been approved anywhere in the Town. 2. ALCOHOL SERVICE OUTSIDE THE CENTRAL BUSINESS DISTRICT • Does the current Alcohol Beverage Policy adequately regulate the service and consumption of alcoholic beverages outside the Central Business District (CBD). • Policy Interpretation: Applications for alcohol service outside of the CBD will continue to be reviewed according to the guidelines and standards set forth in the Alcohol Beverage Policy. Concerns about restaurant concentration as set for in Ordinance 2021 (Attachment 3) would not be a consideration since Section I of the Ordinance only applies to the CBD. PREPARED BY: BUD N. LORTZ DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: 8Y- Attorney Clerk Finance Community Development Revised: 6/29/01 3:31 pm Reformatted: 5/23/0l PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER ALCOHOL BEVERAGE POLICY June 29, 2001 If the Council elects to focus on the CBD, then it is important to consider 1) the balance that exists between the types of business (which includes restaurants) within the CBD, 2) the fact that alcohol service is directly related to restaurants, and 3) since the early 70's, the Town has been working to change its image as a place where people come to drink alcohol, and to preserve the very special mixture of businesses in the CBD that work together in a "symbiotic" manner to create the highly successful downtown we have today. Below is a list of regulations that Town has adopted to achieve this end. • Established a 60% floor area ratio to limit future development. • Established a policy to discourage new stand alone bars. • Established a prohibition on new ground floor offices. • Adopted an ordinance that discourages new restaurants that displace retail uses (Section I of ordinance 2021, Attachment 3) To further assist the Council in discussing the Alcohol Beverage Policy, staff developed a table (Attachment 4) which provides extensive information about all restaurants and bars in the CBD. The table provides information about the 21 restaurants which are approved to serve beer and wine and the 14 restaurants that have full liquor service. There are 20 restaurants that are not approved to serve alcohol. In total, there are 55 restaurants and 4 bars in the CBD which are approved to have 4,130 seats. There are no applications pending for new restaurants or new or expanded alcohol service in the CBD. Additional information is provided as Attachments 5, 6, and 7 as described briefly below. Restaurants, Eating Establishments and Bars (Attachment 5) This attachment provides a listing of all restaurant establishments and bars on a Town -wide basis that are currently contained in the Town's database. Due to the high turnover of restaurant ownership, it is difficult to maintain a current list of the names of all restaurants and bars. Overview of ABC Regulations (Attachment 6) This attachment provides basic information on the cost and availability of alcoholic beverage licences through the Alcoholic Beverage Commission. Alcohol Policy Comparison (Attachment 7) This attachment provides a matrix comparing key elements of alcohol policies in other cities. Policy Issues for Discussion: During the Council's discussion of recent applications requesting new and expanded alcohol service, several issues of concern were identified. Staffs interpretation of these issues are listed below in the form of questions to help initiate discussion so that Council can provide direction on changes, if any, to the current Alcohol Beverage Policy. Any amendments would be forwarded to Council for consideration and possible adoption. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER ALCOHOL BEVERAGE POLICY June 29, 2001 • Does the current Alcohol Beverage Policy in conjunction with Section 1 of Ordinance 2021 (Attachment 3) adequately regulate the service of alcoholic beverages in the CBD? • Is there a concern about new alcohol service in the CBD? • Is there a concern about restaurants in the CBD that want to expand alcohol service from beer and wine to full alcohol? • Should the Town restrict new beer and wine service or the expansion of beer and wine service to full alcohol service unless it is related to a fine dining establishment ("quality restaurant" as defined pursuant to Section 29.10.020 of the Town Code)? • Should the Council be the decision making body for new or expanded alcohol service in the Central Business District? CONLUSION: If there is consensus direction from Council on any changes to the policy or additional issues that need to be addressed, staff will return to Council at a later date with the completed staff work required to respond to the direction. Attachments: 1. Minutes of March 5 and April 16 Town Council meetings 2. Policy Regulating the Consumption and Service of Alcoholic Beverages 3. Ordinance 2021 4. Table of Restaurants in the Central Business District 5. Table of Restaurants, Eating Establishments and Bars in Los Gatos 6. Overview of ABC Regulations 7. Alcohol Policy Comparison Matrix BNL:mdc N:1DE V\CNCLRPTS\ALCOHOLSS2. wpd STown Council Minutes i;Redevelopment Agency HEARINGS CONTINUED March 5, 2001 Los Gatos, California Motion by Mrs. Decker, seconded by Mr. Blanton, to approve the Development Application D 99-001 and the Negative Declaration ND-98-0013: making the Negative Declaration (Exh' Exhibit G of Attachment 1 with the mitigated Negative Declaration Text Clarification, E Exhibit 1 of Attachment 1); finding that the General Plan Amendment is internally c the General Plan and its elements (noting that the change from R-I:8 and Rm:5-1 is of a small section of the property to bring it into conformance to the topograp Housing Elements of the remainder of the project zoning); finding th consistent with the General Plan due to the fact that the development dens zoning allows and achieves a balance between rental housing and finding that the project contributes to the Town's Infill Policy in thi of the neighbors concerns and developing an avenue for a traffic from Oak Rim Way to Highland Oaks with the project's traff at the project entrance on Oak View Terrace, and showing space along with excellence of design; finding de required by the Town's Traffic Policy by supplyin driveway and traffic mitigation addressing the s the Mitigation Monitoring Plan (Exhibit F of neighborhood including limiting impact o construction vehicles to the maximum and construction schedule to be app of the 3`d story lofts at A&S; treatment of the freeway w emergency access road to F of 'bit T of sistent with o Rm:5-12:PD dLand Use and the Zone Change is is far less than what the acceptable traffic impact; eighborhood addressing many ming plan for cut through traffic itigation fees, along with a redesign omparable size, density and use of open nstration of strong community benefit as ffordable housing, realignment of the project ounding neighborhoods' traffic issues; adopting achment 1), addressing construction impacts on the onstruction work on the neighborhood and minimizing ssible on the residential streets; submitting a work plan ed at the Architecture and Site Review; considering removal veloping a five year landscape agreement providing for a lush at A&S; lowering of the sound wall to 8 feet; restricting the ergency vehicles only. Carried unanimously. Motion by Mrs. D er, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanim ly. The To erk read the Title of the Proposed Ordinance. Mo • n by Mr. Glickman, seconded by Mrs. Decker, that Council introduce the Proposed Ordinance itled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE FFECTING A ZONE CHANGE FROM R-1:8 AND RM:5-12 TO RM:5-12 PD FOR PROPERTY AT 517 BLOSSOM HILL ROAD, 615 BLOSSOM HILL ROAD AND PARCELS R OAKS DRIVE. Caprivi uneetimetieiy. ALCOHOLIC BEVERAGE POLICY/TOWN WIDE APPLICATIONS (12A.38) Mayor Pirzynski announced that this was the time and place so noted for public hearing to consider the current Town AIcoholic Beverage Policy which was adopted in 1994. The following people from the audience addressed this issue: Glenn Thompson, 28 Longfellow Road, Mill Valley, noted that the present policy was working well and does not need modification. Town should measure the impact of a new licence to be issued in the downtown and make accommodations for the type of clientele that the business has and the history of the way the business has been run. 4 Attachment 1 `.�,r �C}7�+i ;ice- == 'Town'Council Minutes =., Redevelopment Agency HEARINGS CONTINUED March 5, 2001 Los Gatos, California -ALCOHOLIC BEVERAGE POLICY/CONTINUED Council Comments: Mr. Glickman encourages a friendly town �h�eprovides ant atmosphere, and in outside restaurnat the amenities that invite a person to sit down and relax with a meal and a glass P .seating areas as so provided. be Mr. Blanton favored wine as an eating experience tarant family Conditions ha a changed and the ranted is beer and wine at an established full service establishment needs to provide an enhanced product. Te he granting of new licenses must be for sit down restaurants that agree to active oversighty Mrs. Decker believes that there should blimited uire a li ence inithis towne _ She askedtthat lcences becomes an honor and responsibility if you acq She fit the established business and have regulation associated with it t. Genera d thPlat the policy should be reviewed in conformance with the comm ty orientation Mr. Pirzynski asked that if there are any violations of Los policyatoisnotidentified as only supportat enforcement take place ing ly on those establishments that are causing p downtown. restaurants but as having a balance of actividty Co ' �iieis not obles in egated to approve any additional t the town has reached it saturation point and alcohol licenses. Mr. Attaway agrees that enough alcohol licenses have been issued, but also made note that some very nice restaurants changed dramatically overthe He asked for years and iatime the lt vreviewsome this issueanoblems dthe since the establishment still held a liquor license. around current rules established by the ABC. He woud also f r a liquor license view of the Vin town Come before e present outdoor dining areas, and that any application Council for consideration first. cil o Council Consensus to hold a one hour stusession ell fora 7 years, but t before a which mayular ineed somemdiscussion iscuss the alcohol policy which has served the To and modification due to changing market conditions and circumstances. N. SANTA CRUZ AVE. 130-G/BREWING CO./BEER time and place so noRRMfIoTr (12B hearing to consider 15) Mayor Pirzynski announced that this an appeal of the decision of the Planning Commission denyingl erase on property zoned a2� Condit oval use permit (Los Gatos Brewing Company) for a fullliquor Use Permit U-00-32. Property Location: 130--GN. Santa CCUz Avenue. Property Owner: Dennis and Kathy Varni. Applicant/Appellant: AndrewP. h. The following people from the audience addressed this issue: Edward Alvarez, 333 W. Santa Clara Street, #708, San Jose, representing the Pavicich family. Noted that the restaurant is upscale and serving a quality menu. He spoke of declining beer sales, and that the market place is changing and the clientele is favor of otherr beverages licence a bar to support this Joel Newman, 15740 Cherry Blossom Lane, p restaurant. amp PP Steve Rubin, 2116 Vizcaya Way, C bell, supported the full licence bar at this restaurant. Dave Flick, 130 Stacia Street, supported thisf full licence bar at this location. No one else from the audience Motion by NIr. Glickman, seconded by Mr. Decker, to close the public hearing. Carried unanimously. ,c'i'own Council Minutes s;Redevelopment Agency HEARINGS CONTINUED March 5, 2001 Los Gatos, California N. SANTA CRUZ AVE. 130-GBREWING CO/CONTINUED Council Comments: Mrs. Decker would like confirmation of Town's ability to enforce the number of seats in the restaurant and the number of customers allowed to be standing in and around the bar. There are already conditions to keep this from happening but she asked for compliance. She sees this as intensification of use and wants the town to watch and be cognizant of this expanded activity. Mr. Attaway wants to keep an even handed policy, and would prefer to have a study session first before voting on the proposal. He does not want Council to appear to show favoritism and would rather have the applications considered after the policy evaluation. Mr. Glickman supported the applicant's good track record and lack of police problems over the years. He spoke of the upscale reputation of this restaurant and the ability to revisit the issue if problems develop. Mr. Pirzynski kept in mind the intensification of increasing the numbers, imagining a line up out the door and down the street, or higher parking and traffic impacts on the neighborhood because of the greater draw of a full bar. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council reverse the decision of the Planning Commission, deny Conditional Use Permit U-00-32, grant the appeal and make the following findings: that the use is desirable to the ambiance of the downtown; that the proposed use of the property is desirable to the public convenience and enhancement pf pur business community; that the proposed use will not impair the integrity and character of the zone; that the proposed use will not be detrimental to public health, safety or general welfare; that the proposed uses of the property are in harmony with the various elements or objectives of the general plan and thepurposes of the Town Code; that late night service will not adversely impact adjacent residential neighborhoods; that the applicant does not have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy; that the applicant has demonstrated a clear benefit to the community; and that the conditions in the staff report must be met. Carried unanimously. N. SANTA CRUZ AVE. 217-A/JUICY BURGER/BEER & WINE PERMIT (12C.15) Mayor Pirzynski announced that this was the time and place so noted for.public hearing to consider an appeal of the decision of the Planning Commission denying a request to modify a conditional use permit (Juicy Burger) to change the operation of the restaurant and to permit the sale of beer and wine with meals on property zoned C-2. Conditional Use Permit U-00-30 Property Location: 217-A N. Santa Cruz Avenue. Property Owner: Rugani Family Partnership. Applicant/Appellant: Mahmoud Ghayoumipour. The following people from the audience addressed this issue: Far Mofidian, representing owner of Juicy Burger, requested a beer. and wine licence for the restaurant. Others businesses opening after him have already obtained a license. Juicy Burger has been in business for six years. He noted inconsistency in the use of the policy, and he believes he has been singled out because of this inconsistency. Tom Jillo, 146 Las Astas, asked for a beer and wine license for the 23 seats in a new restaurant environment. Joanne Rodgers, 15287 Top of the Hill Road, speaking for CASA. She spoke about establishments for young people downtown and does not want this restaurant lost to teens. She is against issuing any further liquor licenses. Shirley Henderson, 98 W. Main Street, opposes this proposal. No one else from the audience addressed this issue. 6 own Council Minutes Redevelopment Agency HEARINGS CONTINUED March 5, 2001 Los Gatos, California N. SANTA CRUZ AVE. 217-A/JUICY BURGER/BEER & WINE PERMIT/CONT. Motion by Mr. Attaway, seconded by Mr. Glickman, to close the public hearing. Carried _ _ unanimously. Council comments: _ .: _ The current policy discourages new liquor licenses. Council is prepared to limit new restaurants downtown, and if there are new restaurants allowed and new liquor licenses granted there must be complete plans of operations and services before licenses are issued. The alcoholic beverage policy will be discussed in study session by Council before further action is taken on the issue. Motion by Mr. Pirzynski, seconded by Mrs. Decker, to uphold the Planning Commission and deny the appeal. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council authorize the Town Attome o include the Town of Los Gatos as an amicus curiae in the case of San Remo Hotel vs. C. and County of San Francisco, First District Court of Appeal, at no cost to the Town. Carried . a vote of 3 ayes. Mr. Glickman and Mr. Blanton voted no stating that they believed that t - expo facto ruling was unfair and unconstitutional. STREET RESURFACING FOR YEAR 2001/RESOLUTIONS 2001-23 & 2001 ' (13.33 & 27)) Mayor/Chairman Pirzynski announced that this was the time and place so n. d to consider approving the recommended work program for the 2001 street resurfacing progr and to consider adopting resolution authorizing an agreement with Nichols Consulting Engi • ering and Construction. Larry Perlin, Public Works Director, reported on the street r study session that was held in the fall and the decisions of He spoke of the aggressive program necessary to maint a five year period and the 15 million dollars needed reviewed in light of proceeding with this plan earmarket for the program at this time. A co the town of the planned street work and kee hot line number for distribution of upda Council comments: Preservation of concrete stre - in the historic districts was important to Council along with coordination of traffic calmi _ studies and various agencies' plans to do road cuts. Council believes that the newly surfaced s ets should remain untouched by other projects for several years after their resurfacing is comple • Council requested that these questions be explored before the program begins. Mr. Per . oted that Public Works would coordinate with the other agencies so that our newly surfaced • eets would not be ruined. Council feels that the residents of the Town believe that this activity ould be the highest priority item on Town's maintenance and service agendas. The fo •wing people from the audience addressed this issue: M • Jensen, 120 Oak Rim Way, would like the pedestrian issues addressed before the streets are paved. Stripping and bicycling routes need to be considered and striped while the streets are being re -paved. He asked that traffic calming issues be addressed in concert with the street resurfacing program. No no olco in the a ionee-addrecged thin iccuo. acing program. He reviewed the ouncil on how to begin this program. all town streets at a level of 75 PCI over accomplish this. Financing strategies were he noted that 62% of the funding had been ty outreach program will be put in place to.notify e neighborhoods apprized. He suggested a dedicated information on the program. 7 Town Council Minutes Redevelopment Agency April 16, 2001 Los Gatos, California Mayor Pirzynski announced that this was the time and place so noted for public hearing to co -': er an appeal of the decision of the Historic Preservation Commission denying a request to ins vinyl windows on property zoned R-1 D:LHP. Historic Architecture and Site HS-00-12. Prope ocation: 310 Nicholson Avenue. Property Owner\Applicant\Appellant: Ken and Angelo D. a. The following people from the audience addressed this issue: Ken Dalla, 3051 Neal Ave, requested permission for use of vinyl win.. ' s in his home. Ray Davis, new resident, spoke against the use of vinyl windows ' esignated historic homes. No one else from the audience addressed this issue: Motion by Mrs. Decker, seconded by Mr. Blanto .; to close the public hearing. Carried unanimously. Motion by Mrs. Decker, seconded by Mr. ' nski, to deny the appeal and uphold the decision of the Planning Commission decision. Council Comments: Mrs. Decker asked staff to •ok into an ordinance change which would allow vinyl clad wood windows in the historic a ' . ricts in the future. Mr. Attaway spoke • . • ut the new windows which are now available. He asked that at the change of ownership the . dows be changed to historic wood. He believes that until the house is remodeled it dos not se - a purpose to insist on wood windows. Mr. Glic . an does not agree with the section ofthe ordinance which must be followed. He believes that a inyl is not appropriate, but the wood vinyl clad would be attractive and more maintenance fr Mayor Pirzynski called the for the question. Motion carried by a vote of 3 ayes. Mr. Glickman and SANTA CRUZ AVENUE S. 20/WILLOW STREET PIZZA/LIQUOR LICENSE/APPEAL (22.15) Mayor Pirzynski announced that this was the time and place so noted for public hearing to consider and appeal of the decision of the Planning Commission denying a request to approve a full liquor license (Willow Street Pizza). Conditional Use Permit U-01-1. Property Location: 20 S. Santa Cruz Avenue, #218. Property Owner: Park Row East Apartments (Lyndon Plaza). Applicant: Willow Street Wood Fired Pizza. Appellant: Edward Rathman. The following people from the audience addressed this issue: Glenn Thompson, 28 Longfellow Road, Partner in Willow Street, spoke of the popular restaurant and the request for a full alcohol license and noted the residents in attendance who support this application. John Feece, 20 South Santa Cruz Ave, owner of Lyndon Plaza, spoke of Willow Street Pizza being a responsible and considerate tenant. Patti Connery, 16015 Short Road, supported the request. Kevin W. Birch, 132 Tait Avenue, spoke in support of this request. Steve Mirassou, 17294 Nagpal Court, Monte Sereno, spoke in support of this request. Jack Ny Blom, 41 N. Santa Cruz Avenue, co-owner of Camera Cinemas, including the Los Gatos Theater, spoke in support of local businesses in the Downtown and asked for approval. TC:D 13:MM041601 5 Town Council Minutes April 16, 2001 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVENUE S. 20/WILLOW STREET PIZZA/CONT. No one else from the audience addressed this issue. Motion by Mr. Glickman, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Council Comments: Mr. Glickman does not believe that Council is sending a message that we are returning to the days of whiskey gulch. Mr. Attaway thinks that Willow Street Pizza fits the same category as Round Table Pizza, Thunder birds, and 29 E.Main. He does not believe that martini's and hard liquor should be sold at these establishments. Asked that Council revisit this policy before making this decision. Mrs. Decker noted that Council will be revisiting the Town's Alcohol Policy during the first week in June, and asked that this item be continued until after that meeting is held. She noted the many letters from families that asked that the Downtown be kept family orientated and alcohol service be restricted. Mr. Pirzynski found that Willow Street Pizza had operations, services and clients that mirrored The Brewing Company's facility. In keeping with the granting of a full license to the Brewing Company, he believes that Willow Street also qualifies under those guidelines. Motion by Mr. Blanton, seconded by Mr. Glickman, to overturn the Planning Commission, grant the conditional use permit for full service of alcoholic beverages consistent with the approved hours of operation, finding that this is an issue that is vested in the Council that the Planning Commission did not have purview over. Carried by a vote of 3 ayes. Mr. Attaway and Mrs Decker voted no. Mayor Pirzynski announced that this was the time and place so noted for public hearing to an appeal of the decision of the Planning Commission approving the construction family residence on property zoned HR-1. If no significant environmental im a result of this project, a Negative Declaration will be recommended an Report will not be required. Architecture and Site Application S- Francis Oak Way. Property Owner: Gary Bayer. Applic Weissman. The following people from the audience Dave Weissman, 15431 Francis 0 He felt that there was little c Virginia Fanelli, 16 supported and a John Ma ressed this issue: ay, was disappointed in the attempts to rectify this situation. eration between the applicant, the residents and the Town. on Ave, noted that the turn outs were the direction that Council had cant was prepared to follow that option. 13575 Deer Trail Court, owner, stressed that the title company had warrenteed his sider new single s are identified as nvironmental Impact 1. Property Location: 15451 .H.I.S. Design. Appellant: David lega - cess to his property. ee Mc Laughlin, 15626 Francis Oaks Way, spoke of the problems of trying to get the neighbors IC: D I U: MM041601 6 POLICY REGULATING THE CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES I. Purpose The consumption or service of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents. This policy provides parameters for alcoholic beverage service, particularly addressing late night service when alcohol related incidents are most likely to occur and when the disturbance to Town residents is least tolerable. The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary privilege to be determined on a case by case basis. The following provisions are intended to balance the protection of residential neighborhoods in close proximity to commercial districts and still maintain the viability of our commercial centers in which restaurants have an essential role. Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or schools, the concentration of establishments in an area serving alcoholic beverages or for other reasons that may be raised at the public hearing. The deciding body may approve a conditional use permit to serve alcoholic beverages based on the merits of the application and subject to the following requirements: II. General Policy: 1. The Town shall continue to discourage new applications for stand alone bars or restaurants with separate bars. 2. The Town shall continue to discourage applications for entertainment establishments serving alcoholic beverages. 3. Entertainment in association with an eating or drinking establishment may be allowed if standards and a permit process are adopted. 4. Alcoholic beverage service for new conditional use permit applications or applications for modification of a conditional use permit shall not be allowed: a. After 11 PM Sunday through Thursday, except for holidays and evenings before holidays; b. After 1 AM Friday, Saturday, holidays or evenings before holidays. An existing establishment with a conditional use permit in good standing allowed to serve alcoholic beverage past the hours stated above, may continue to operate under their existing hours of operation. Attachment 2 4, Any establishment serving alcoholic beverages shall be subject to the following: a. Uniformed privately provided security guards may be required in or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. b. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department for on- going employee training on alcoholic beverage service to the general public. c. All establishments shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association. d. All licensed operators shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. e. Taxicab telephone numbers shall be posted in a visible, location. 5. The deciding body shall make the following findings prior to approving an application for conditional use permit to serve alcoholic beverages past 10 PM: a. Late night service will not adversely impact adjacent residential neighborhoods; b. The applicant does not have a history of complaints and non- compliance with local ordinances or the Alcoholic Beverage Policy; c. The applicant has demonstrated a clear benefit to the community. 6. A meal is defined as a combination of food items selected from a menu (breakfast, brunch, lunch, or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 7. Alcoholic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided as determined by the Town Manager. The separation shall clearly suggest that alcohol is not allowed outside the restaurant seating area. III. Specific Policy 1. Restaurants: Alcoholic beverages may only be served with meals. 2. Restaurants With Separate Bars: Alcoholic beverage service is permitted in the dining area only in conjunction with meal service. Meal service shall be available until closing or 11 PM Sunday through Thursday and until 12 midnight Friday, Saturday, holidays and evenings before holidays, whichever is earlier, if late night bar service is available. Specific hours of operation for each establishment are determined upon issuance of a conditional use permit. IV. Enforcement All conditional use permits issued to establishments for alcoholic beverage service on -site shall be subject to Section 29.20.310(b) of the Town Code authorizing the Town Manager to take enforcement action if it is determined that the sale of alcohol has become a nuisance to the Town's public health, safety or welfare. Enforcement of Section 29.20.310(b) of the Town Code will be based on, but not limited to, the following factors: 1. The number and types of calls for service at or near the establishment which are a direct result of patrons actions; 2. The number of complaints received from residents and other citizens concerning the operation of an establishment; 3. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; 4. The number and kinds of complaints received from the state Alcoholic Beverage Control office and the County Health Department; 5. Violation of conditions of approval related to alcohol beverage service. The Alcoholic Beverage Policy is not to be construed to be a right of developments. The Town retains the right of review and approval (or denial) of each project based on its merits. mb09:\misc\alc.pol ORDINANCE 2021 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF-- ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA--- _ y __ THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The C-2 (Central Business District Commercial) zone of the Town of Los Gatos contains a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community However, too many restaurants concentrated in this one area would displace retail uses that are vital to continued success and to having businesses that attract Town residents throughout the day. This ordinance is intended to discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public hearing process. . SECTION II Section 29.10.020 is amended to read as follows: Bar means a drinking place where alcoholic beverages and snacks are served; possibly with entertainment such as music, television screens, video games or pool tables. ***** Restaurant, fast food means a restaurant with a large carry -out clientele, long hours of service, some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in -. customers. Restaurant, high turnover (sit-down) means a restaurant with turnover rates generally of less than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally serve breakfast, lunch and dinner, and are sometimes open 24 hours a day. Restaurant, quality means a restaurant of high quality and with turnover rates usually of at Attachment 3 least one hour or longer, generally do not serve breakfast, may not serve lunch, but always serve dinner. SECTION III Subsection (16) of Section 29.20.745 is amended to read as follows: (16) Determine and issue zoning approval for minor restaurants that are located outside Downtown [the C-2 zone]. SECTION IV Subsection (8) of Section 29.20.750 is amended to read as follows: (8) Determines conditional use permit applications that are not assigned to the Development" Review Committee. SECTION V This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16, 1996. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: Je CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR si' HE TOWN LOS GATOS LOS GATOS, CALIFORNIA 2 REST,.JRANTS IN THE CENTRAL BUSINESS DI., r RICT :t3;:;: :.::...m.::.:6US1N�S'8>RDQI�ESSc:: ', �:;.o-:::::>�f..h..... ..1�. ...t.. .. "'..11.l.}4i F41X1 .•�.:::.:::.�: •\•A{:.I�:i>+•4:C:�.::�.:;?2�4t1�!•9t[•:•::i':'-:�i:i!7FfY.yF�wt'h:�•}:i:�*IiII.•'•?:::: - •.: ..t.. :;;:.,,:......:.av�<c.^•.: i:.}Y�ti(�1V•iS. ::. I of� 1tlGlti...; 1 1 42 Elm St .-2 12 1 B& W U-94-14 Y 2 1 49 E. Main St C-2 20 1 B & W U-94-25 N 3 1 27 N. Santa Cruz Av C-2 60 1 B & W U-77-34B N 4 1 39 N. Santa Cruz Av C-2 42 1 B & W U-94-31 N 5 1 47 N. Santa Cruz Av C-2 42 1 B & W U-84-10A N 6 1 51 N. Santa Cruz Av C-2 16 1 B & W U-94-20 N 7 1 133 N. Santa Cruz Av C-2 11 1 B& W PRJ-97-090 N 8 1 139 N. Santa Cruz Av C-2 45 1 B& W U-82-11A N 9 1 137 N. Santa Cruz Av C-2 34 1 B & W PRJ-98-090 N 10 1 206 N. Santa Cruz Av C-2 130 1 B & W U-94-38 N 11 1 330 N. Santa Cruz Av C-2 32 1 B & W U-91-6A Y 12 1 337 N. Santa Cruz Av C-2 46 1 B & W PRJ-98-039 Y 13 1 20 S. Santa Cruz Av #204 C-2 49 1 B & W U-95-657 N 14 0 320 Village Ln C-2 112 1 B & W PRJ-98-010 Y 15 1 368 Village Ln C-2 96 1 B & W U-95-21 N 16 1 11 College Av C-2-LHP 76 1 B & W PRJ-96-68 Y 17 1 26 E. Main St C-2-LHP 24 1 B & W PRJ-99-046 Y 18 1 29 E. Main St C-2-LHP 16 1 B & W U-80-27B N 19 1 6 N. Santa Cruz Av C-2-LHP 8 1 B & W U-91-08 N 20 1 19 N. Santa Cruz Av C-2-LHP 54 1 B & W EU-90-66A N 21 1 21 N. Santa Cruz Av C-2-LHP 48 1 B & W EU-91-9A Y 22 1 50 University Av #250 C-2-LHP-PD 58 1 B & W PRJ-98-002 Y 21 1029 8 14 T 1 1 141 1/2 N. Santa Cruz Av C-2 60 _ BAR U-90-05 N 2 1 102 S. Santa Cruz Av C-2 80 BAR U-94-17 N 3 1 8 N. Santa Cruz Av C-2-LHP 79 BAR PRJ-97-169 N 4 1 15 N. Santa Cruz Av C-2-LHP 110 BAR EU-77-24D N 4 329 1 1 208 Bachman Av C-2 125 1 FULL U-94-15 Y 2 1 57 N. Santa Cruz Av C-2 56 1 FULL PRJ-97-088 N 3 1 130 N. Santa Cruz Av G C-2 50 1 FULL U-77-24E N 4 1 316 N. Santa Cruz Av C-2 249 1 FULL U-82-20A N 5 1 354 N. Santa Cruz Av C-2 132 1 FULL U-82-14B N 6 1 20 S. Santa Cruz Av #218 C-2 135 1 FULL U-85-2B Y 7 1 140 S. Santa Cruz Av C-2 130 1 FULL PD N 8 1 140 W. Main St C-2-LHP 114 1 FULL U-91-78 N 9 1 160 W. Main St C-2-LHP 108 1 FULL U-94-37 N 10 1 15 1/2 N. Santa Cruz Av C-2-LHP 160 1 FULL U-94-12 Y 11 1 115 N. Santa Cruz Av C-2-LHP 202 1 FULL PRJ-99-087 Y 12 1 31 UniversityAv C-2-LHP-PD 216 1 FULL PRJ-98-163 Y 13 1 50 University Av #180 C-2-LHP-PD 100 1 FULL PRJ-98-046 Y 14 1 50 University Av #260 C-2-LHP-PD 300 1 FULL PRJ-98-033 Y 14 2077 10 4 1 1 111 E. Main St C-2 24 1 None PRJ-98-031 Y 2 1 114 N. Santa Cruz Av C-2 12 1 None U-84-16 N 3 1 151 N. Santa Cruz Av C-2 5 1 None U-85-08 N 4 1 217 N. Santa Cruz Av A C-2 32 _ 1 _ None U-89-16A N 5 1 221 N. Santa Cruz Av C-2 21 1 None U-80-27B Y 6 1 303 N. Santa Cruz Av C-2 12 1 None U-B0-27A Y 7 1 336 N. Santa Cruz Av A C-2 8 1 None U-92-13A Y 8 1 340 N. Santa Cruz Av C-2 50 1 None U-67-02 N 9 1 20 S. Santa Cruz Av #201 C-2 70 1 None U-78-13 N 10 1 165 Los Gatos -Saratoga Rd C-2-LHP 145 1 None PRJ-97-133 N 11 1 26 E. Main St C-2-LHP _ 24 1 None PRJ-99-046 Y 12 1 27 E. Main St C-2-LHP 16 1 None U-83-28 N , 13 1 35 E. Main St C-2-LHP 12 1 None PRJ-97-109 N 14 1 81 W. Main St C-2-LHP 6 1 None U-93-11 N 15 1 101 W. Main St C-2-LHP 36 1 None U-85-8A N 16 0 109 W. Main St C-2-LHP 0 1 None LAPSED N 17 1 125 W. Main St C-2-LHP 12 1 None PRJ-96-155 N 18 1 145 W. Main St C-2-LHP 84 1 None U-92-05 N 19 1 9 N. Santa Cruz Av C-2-LHP 38 1 None PRJ-97-042 Y 20 1 13 N. Santa Cruz Av C-2-LHP 16 1 None U-91-04 N 21 1 50 University Av #280 C-2-LHP-PD 72 1 None PRJ-98-006 Y 22 0 20 S. Santa Cruz Av #220 C-2 LAPSED 20 695 1 10 10 59 4130 19 28 10 Attachment 4 6/29/2001 2:27 PM 1 N:1DEVILEDALCOHOLC-2.XLS C-2 Zone RESTAURANTS, EATING ESTABLISHMENTS AND BARS ri ino BOSTON MARKET ..... ..•....................••'•• .•.� ICASA DE POLL& MR YOGURT. RI GsSC1M Nu I care f i STRAW HAT PIZZA BASKIN-ROBBINS 31 FLAVORS GAETANO'S RISTORANTE THE MEDITERRANEAN KITCHEN MFX EXPRESS CAF - THE CROW COFFEE HOUSE OTTO'S GARDEN ROOM, FRIENDS THE FLAMES COFFEE SHOP CAROUSEL RESTAURANT GOURMET OUR WAY LITTLE CAESAR'S PIZZA #5014 THE GOURMET GIRAFFE 'YOGURT FAIR, THE YOGURT WORKS, KABUL CAFE AFGAN CUISINE J W ❑ y U Z Q w to FRESH CHOICE (Closed December 24, 1998) SWEET BASIL THAI CUISINE KELLY'S 111 G Q LL F (4 a a LL 2 f- rr y LL 2 RICHARD'S, BIKE CAFE LA STRADA/SIAM THAI CUISINE, OGE'S NECTOR'S LOS GATOS CREPERIE o MARCO'S DELICATESSEN, UNCLE RAY'S BBQ HO'S TAKE OUT Q. 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E m Z m m m Z w o� mF m .Z Z m m E Ej Z Z' J mJ E W Z m j a w z o m m o m z m 3 m b< m m W 2 a' r-• i wa[ Pollard Ra C-1 1 42 I 1 62 MING'S KITCHEN 1 1458 Pollard Rd C-1 30 1 1 63 ROUND TABLE PIZZA PARLOR 1 1472 Pollard Rd C-1 56 1 I 64 ANDALE TAQUERIA 1 6 N. !Santa Cruz Av 1 C-2-LHP 8 1 I 65 CARRY NATION'S 1 8 N. 'Santa Cruz Av I C-2-LHP 79 µ. ~Q"::• (lf ':. .-• tO r3 0A ` O W m c07 ONi M N O LL'! t0 T m A N O P^ Of N t0 m 0 C N t0 O .� p P M N N O t9 m Q N N O N N O Q f0 10 N t�l O N .- X. ..:. QQ f c:.7. UU - o QUQ0 W.) 222 UUU CH I I CH I CH I CH CH CH S 2 2 2 S CH CH CH C-1 '—'— 0Q0 CH CH-PD C-2-LHP C-2 C-2 C-2-LHP C-2-LHP C-2-LHP C-2-LHP C-2 Op. 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HANNEGAN'S STARBUCKS JAMBA JUICE LUNVtt I LU l U RETAIL SHANGRI-LA SUSHI OYSHI TOGO'S OF LOS GATOS rtt I O CUt-I-t AND TEA TEA GARDEN CHINESE KITCHEN LOS UATOS PIZZA BEST DONUT CONVtn I1 U TO RETAIL GALLOS RESTORANTE UUNVLII I LU TO RETAIL TAPESTRY CAFE ROUGE THE BLVD. TAVERN CONVtt6I tU TO RETAIL CARL'S JR (CAFE TRIO (LITTLE LOU'S BBO BLVD COFFEE CD. CONVERTED TO RETAIL MC DONALDS EGG ROLL HOUSE ERIK S UtLICAFE CONVERTED TO RETAIL STur I PIZZA LOU'S RESTAURANT GINGERS PASTRIES THE IRON SKILLET POLLO S BASKIN-ROBBINS 31 FLAVORS #233 CLASSIC BUI<Utna OF LOS GA IUb JACK-IN-THE-BOX THE HAPPY HOUND HIGH TECH BURRITO i ¢Qc -o• o, L LL• W l 2 J . n� i� NUA11J NtW 1'UKK t1AtihLJ KFC/TACO BELL LOS GAIUJ LODGE RESTAURANT BAKER'S SQUARE THE DINER OF LOS GATOS I GATTI CAFE SIENNA SOUTHERN KITCHEN 2WEN1Y WINE E.MAIN CAFE A MATTER OF TASTE Inc PAST ARIA C. MARKET VACANT HOTEL RESTAURANT(MULL IU S) JUICE IT LOS GATOS COFFEE ROASTING CO. L G COFFEE ROASTING RETAIL THE POSH BAGEL OPERA HOUSE LE BOULANGER VALERIANO'S RISTORANTE SK DONUTS TWO PESOS TAQUERIA 412 I N M P t0 ua A tD T O^ — N- V m tT O .- N N N [�, N N P �O�O N N N m Ol N N ('! O G t'7 t�J N c'> M m [g'i v09 M M c01 Q Q P Q Q Q V SIC Y N u] N m ttE p �f1 N S IE r1 06/19/2001 2:07 PM N:IDEVLLEEIEatIng.xls ADDRESS Attachment 5 RESTAURANTS, EATING ESTABLISHMENTS AND BARS N'::•: ytt' 6:'::•. L..:.:.:.:.a SUZANNE'S MUFFINS. MONDEO. ROCK'N TACOS THE ALLIGATOR GRILL MABEL'S LANTERN HOUSE oloeed- $26/99 NOODLE PALACE EDNA RAY DRAGON BISTRO. MALEE'S THAI CUISINE DOUBLE RAINBOW LEXINGTON HOUSE FIORILLO'S OF LOS GATOS i I PENNYS PLACE I LALEH'S DELI DANIEL'S DELI Z p z MARBELLA'S RESTAURANT JOHNNY'S RESTAURANT. UPTOWN BAR & GRILL (restaurant closed) 6 Z. Q>zz>zrzzzzzz>zzzzzzzz>>z>>>zzzzzzz>zz Ey z zzrzzzz z»r>r>zrzzz>z»z _—`• ''S•:''.•..''::.''. 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HANNEGAN'S CAFE ROUGE Y L 5 - �G I lit PAS I ARIA & MARKET VACANT PIGALLE FLEUR DE COCOA GILLEY'S GOFI•tE SHOPPE GARDINO FRESCO ROUND TABLE PIZZA OF LOS GATOS 010 SUSHI ON THE RUN LOS GAT OS BREWING COMPANY DELIZIOSO BAKERY & CAFE KAMAKURA RESTAURANT THE GREEN PAPAYA LOS GA US BLACK WATCH TOWER PIZZA STOVIE'S JUICY BURGER #5 UOLCE SPALIU GELATO LA MAISON DU CROISSANT rtUKU'S USA'S TEA TREASURES OF LOS GATOS YOKOHAMA MARY'S PATIO CAFE LOS GATOS CAFE DOUBLE D'S CONVtC I EU TU GEI IGE JASMINE LOS GA I US SWENSUN S ICE CREAM WILLOW STREET PIZZA NUMBER ONE BROAUWAY TOLL HOUSE RESTAURANT VACANT CAFE MARCELLA I TALES IKT 'BAKER'S SQUARE CAFE SIENNA !SOUTHERN KITCHEN 12WEN I SINE E. MAIN CAFE iA MATTER OF TASTE JUICE IT LOS GATOS COFFEE ROASTING CO. z ad ra L m . L z 5 7 O •. . aL OIEKAIIOUSt LE BOULANGER VALE RIANU S NIS I ORAN I t ANDALE TAQUERIA CARRY NATION S PIZZA MY HEART TCBY YOGURT MOUNTAIN CHARLEY'S SALOON LOS UATOS BAR D RILL ANG GREAT BEAR COFFEE / Los Osos Cafe ANDALE IAUUERIA2 CHART HOUSE RESTAURANT STEAMERS GRILLEHOUSE THE WINE CELLAR Bunur=na CAFE CALIFORNIA CAFE BAR & GRILL s s ,m D L U J > 3 IMT. EVEREST FINE INDIAN CUISINE ... ^ N tl < - m min m S o.. .- V.2.1 .- .- mnaom o- N n X8mNN,9 N NININ NL1N [^I ^ t7 a7 n v � L7 n m 1•i N f f f f < P < TIv p C O N N YNl S N vm] N h Vm'f p orm b 2 06/192001 2:10 PM RESTAURANTS, EATING ESTABLISHMENTS AND BARS IN DOWNTOWN* tyio:i• s:.'• iz:•: 'VERTIGO'S, SANTORINI CAFE w s z z LALEH'S DELI, FAT CAT CAFE z o z S .Ui' n. gt zz>zz z r z r •""• n �n tQ T 7 7 Q fO N 01 J C1 CI Ol m 7 g 7 No P a W _. U. G:5 '.3'w 3 c w m2m=m 3 c tl o 3 C w o zm .e J 7 U. J 7 u. tl Cl vio an - _ N ID N .- N LLL. N '`tA i 0.: 355333'S , U r U 3 a' Q z 4, Santa Cruz Av MU � as Santa Cruz Av Santa Cruz Av U M as y los Gatos -Saratoga Rd University Av Z Z Z Z Z Z W P P P h Vf N N N :: yC c.. iaz s:v, 4� zm MOUNTAIN MIKE'S PIZZA T-BIRD'S OF LOS GATOS SWEET PEAS CAFE YOGURT DELITE JOHNNY'S NORTHSIDE GRILL 'MAPLE LEAF DONUTS 23 S g a N a z a w 5 HOTEL RESTAURANT (KULETO'S1 LOS GATOS LODGE RESTAURANT CAMPO DI BOCCE OF LOS GATOS TOTALS ...... P..,O-m0•9 I HI HI -(t NIDEVILEEIEaling.als Downtown 06/19 001 2.10 PM OVERVIEW OF ABC REGULATIONS Beer and wine license Unlimited number of licenses are available. Cost for a new License = $549.00 Cost for an existing license = $399.00 (basically, this is the transfer of an existing license to a new owner. This generally happens when a business is sold and the new owner continues to run the business at the same location). Full license There are a limited number of licenses allocated to each County based on population. New licenses are sold on a lottery basis. To be eligible for the lottery, it costs $12,500 (non- refundable) plus $433 to $695 based on the city's population. Because there are a limited number of licenses, most are purchased by the applicant from the owners of existing licenses. These are purchased through brokers or directly from the existing owner. The cost is governed by the market. But, because there are a limited number of licenses in each county, the costs can run as high as $50,000 to $100,000. The ABC also charges approximately $1,300 in transfer and fingerprint fees. N:\DEV\BUD\ABCOVERVIEW Attachment 6 0 „Alcohol .Policy:Comparison how alcohol is regulated Conditional Use Permit (CUP) required for ABC licenses Gilroy currently has a moratorium on all new and modified liquor licenses as a result of undue concentration within the City limits (includes on and off --site beer & wine and full liquor licenses). An ABC Committee that reviews all appeals of the moratorium was established in 1995. ABC Committee makes a recommendation on alcohol license to the Chief of Police (deciding body). CUP required for cocktail lounges or to upgrade from a beer & wine to full liquor license no response to request for information Morgan Hill has delegated authority to make the determination of public necessity and convenience to the Chief of Police, subject to appeal to the City Council. Applications are considered on their merits and it must be considered a reasonable public necessity or convenience in over concentrated areas (see attached examples). Nine census tracts are overconcentrated with either on -sale or off - sale licenses - any additional permits in these areas require a finding of public convenience and necessity. In other areas of the city, ABC license are governed through the CUP process for a full liquor license. Beer & wine licenses that are considered ancillary to a use do not require a CUP Palo Alto yes CUP required Maximum number of CUP's that may be issued based on square footage of area allowing eating & drinking uses (see chart) upgrade or intensification CUP required not allowed (see right) CUP required CUP required CUP required concentration concerns no >, 0 c >, cn >, 9, w 'v [Campbell > 0 L Los Altos Menlo Park Morgan Hill Mountain View Attachment 7 Nr •qr.!. t4';�trF. i!? jr0 FF;�v styLfp 1 i T Y'�• j,}�l0 a• riizetri. aI.`•:a V? ;fit. . rtr,,TPA; L�« i,I! IA, 'a if, F` s,,^: ru ti .. fit;' how alcohol is regulated._ CUP required for off -sale licenses (findings include determining that the location is not closer than 500 feet to another business with a liquor license and that it would not contribute to an excess concentration of establishments that sell alcoholic beverages, and that establishments closer than 500 feet from schools or 150 feet from residential will not adversely affect that neighboring use did not respond to request for information Beer & wine licenses considered ancillary to retail or restaurant uses do not require a CUP, except in the downtown where a Special Development Permit (SDP) is required. Full liquor licences require a CUP or SDP. Note: retail is not allowed at service stations. upgrade or intensification not addressed by ordinance CUP required concentration concerns CI)0 �1 San Jose ISaratoga 1 Sunnyvale N:\DEV\SUZANNE\MISC\alcohol-policy.wpd