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
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B& W
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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
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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
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PRJ-97-088
N
3
1
130
N.
Santa Cruz Av
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C-2
50
1
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U-77-24E
N
4
1
316
N.
Santa Cruz Av
C-2
249
1
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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
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U-85-2B
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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
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32 _
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U-89-16A
N
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1
221
N.
Santa Cruz Av
C-2
21
1
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U-80-27B
Y
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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
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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
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U-91-04
N
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1
50
University Av
#280
C-2-LHP-PD
72
1
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PRJ-98-006
Y
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0
20
S.
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#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
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OTTO'S GARDEN ROOM, FRIENDS
THE FLAMES COFFEE SHOP CAROUSEL RESTAURANT
GOURMET OUR WAY
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GINGERS PASTRIES
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06/19/2001 2:07 PM
N:IDEVLLEEIEatIng.xls ADDRESS
Attachment 5
RESTAURANTS, EATING ESTABLISHMENTS AND BARS
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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
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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
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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
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San Jose
ISaratoga 1
Sunnyvale
N:\DEV\SUZANNE\MISC\alcohol-policy.wpd