Item 12 Staff Report Adopt Ordinance Amending Town Code Section 29.10.225 and 29.20.310 and Adding Section 29.20.318 to Provide a Procedure for Limiting Hours of Operations of Establishments Serving Alcoholic Beverages in Cases Where Use Permit ConditionTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: APRIL 22, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 5/2/94
ITEM NO.
ADOPT ORDINANCE AMENDING TOWN CODE SECTIONS 29.10.225 AND 29.20.310
AND ADDING SECTION 29.20.318 TO PROVIDE A PROCEDURE FOR LIMITING HOURS
OF OPERATIONS OF ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES IN
CASES WHERE USE PERMIT CONDITION OR ALCOHOLIC BEVERAGES POLICY IS
VIOLATED
RECOMMENDATION:
1. Adopt the attached ordinance which was introduced at the Town Council meeting of April 18, 1994.
2. Instruct the Clerk to publish a summary no more than 15 days after adoption.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
LEA:yfg 4/22/94 2:54 pm
DISK020\A:\BEVPOLICY.TCR File #
Attachments: Ordinance
Distribution:
Andrew and Pete Pavicich, Los Gatos Brewing Co., 130-G N. Santa Cruz Ave., Los Gatos, CA 95030
John Hannegan/Chris Benson, C.B. Hannegan's, 208 Bachman Ave., Los Gatos, CA 95030
Mark Nodurft, California Cafe, 50 University Ave., Los Gatos, CA 95030
Paul Matulich, Steamer Restaurant, 50 University Ave., Los Gatos, CA 95030
Penny Ivanovich, Valeriano's Ristorante, 160 W. Main St., Los Gatos, Ca 95030
Barbara Spector, St. James Park Building, 152 N. third Street, Ste. 50, San Jose, CA 95112
John Watson, Alligator Grill, 15-1/2 N. Santa Cruz Ave., Los Gatos, CA 95030
Joe Hargett, 95 Church Street, Los Gatos, CA 95032
Dan McFadden 123 University Ave., Los Gatos, CA 95030
Ron Lykins, 119 University Ave., Los Gatos, CA 95030
Steve Beth Zientek, 106 Tait Avenue, Los Gatos, CA 95030
Scott Broomfield, 115 University Ave., Los Gatos, CA 95030
Laila Montgomery, 209 University Ave., Los Gatos, CA 95030
Larry Todd, Chief of Police, Town of Los Gatos
Reviewed by: Manager
Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTIONS 29.10.225 AND 29.20.310
AND ADDING SECTION 29.20.318 TO PROVIDE A PROCEDURE
FOR LIMITING HOURS OF OPERATIONS OF ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES IN CASES WHERE
USE PERMIT CONDITION OR ALCOHOLIC BEVERAGE POLICY IS VIOLATED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.10.225 is amended to read as follows:
Sec. 29.10.225. Grounds for determining that a nonconforming use is no longer lawful.
After the hearing the deciding body may declare a nonconforming use unlawful if
it finds that one (1) or more of the following grounds exist:
(1) That the nonconforming use is being, or has been exercised contrary to the
terms or conditions of the original approval; or any conditional use permit
issued under section 29.10.215;
(2) That the nonconforming use is so exercised as to be detrimental to the public
health or safety, or to be a nuisance. In determining whether a
nonconforming restaurant or bar violates this subsection, the deciding body
shall also apply the enforcement analysis contained in the Alcoholic Beverage
Policy.
(3) That a person has modified a nonconforming use without a use permit under
section 29.10.215, or has continued such modification after a permit therefore
has been denied.
SECTION II
Section 29.20.310 is amended to read as follows:
Sec. 29.20.310. Revocation or modification of a zoning approval.
The Planning Commission on its own motion or on the recommendation of the
SM06\ORDS\ALCOHOL.AME
n
Planning Director, may, and if requested by the Council shall, hold a hearing to consider
modifying or revoking any zoning approval that has been granted pursuant to this Chapter
or any prior ordinance. Notice of the hearing shall be given in the same manner as for the
hearing of an application for zoning approval. Written notice of the hearing shall also be
mailed to any principals making use of, or relying upon, any such zoning approval not less
than five (5) days prior to the date of the hearing.
SECTION III
Section 29.20.318 is added to read as follows:
Sec. 29.20.318. Modification of operating hours of establishments serving alcoholic
beverages.
(a) Notwithstanding Section 29.20.310, if the Town Manager determines that there
is cause to believe that any establishment serving alcoholic beverages may be in violation
of the Alcoholic Beverage Policy adopted by the Council, the Town Manager will cause a
notice of violation to be mailed to the current owners of the property and establishment as
disclosed in the most recent County assessor's roll and the Town business license files. This
notice will describe the alleged violations.
(b) If the Town Manager determines that the alleged violations have not been
abated within the time frames set forth in the Manager's notice of violation, the Town
Manager may cause a notice of hearing to be mailed to the current owners of the property
and establishment as disclosed in the most recent County assessor's roll and the Town
business license files. The notice of hearing will include a description of the violations and
specify a time and place for an administrative hearing before the Manager or the Manager's
designee. The hearing will occur no earlier than fifteen (15) days after the mailing of the
notice of hearing. The owners shall be entitled to present evidence regarding the matter
and to respond to the alleged violations. If the owners fail to appear at the hearing, the
Manager or designee may proceed to decide the matter without their presence.
(c) If after the hearing, the Manager or the Manager's designee determines that the
establishment is in violation of the Town's Alcoholic Beverage Policy, the Manager or the
SM06\ORDS\ALCOHOL.AME 2
Manager's designee may limit the hours of operation of the establishment, up to and
including closure no later than 10 p.m. until the Manager or the Manager's designee
determines that the violations have been abated. Upon determination that the violations
have been abated, the Manager will notify the owners of the property and the establishment
that the establishment is in compliance and will increase the operating time limits as the
Manager or designee determines is appropriate in light of the violations that occurred and
the abatement steps taken. The decision of the manager shall be effective immediately and
the establishment shall immediately conform its hours of operation to the Manager's order.
(d) Any interested person may appeal the decision of the Manager or the Manager's
designee to the Council as if it were a decision of the Planning Commission pursuant to
Section 29.20.275 and following. During pendency of the appeal, the establishment shall
conform to the hours set by the Manager's order.
(e) In no event will the Town Manager or the Manager's designee have authority
to restrict the hours of operation to a time before 10 p.m. If the Manager determines that
such a further restriction, modification of other elements of the establishment or use permit,
or revocation are appropriate, the Manager will request the Planning Commission to
consider the matter pursuant to Section 29.20.310.
SECTION IV
Section 29.20.743 is added to the Town Code as follows:
Sec. 29.20.743. Town Manager.
The Town Manager shall hold administrative hearings or designate a hearing officer
for such hearings as provided by this Chapter.
SECTION V
The restaurants with conditional use permits that serve alcoholic beverages and the
bars with conditional use permits shall comply with the provisions of the Alcoholic Beverage
Policy adopted by Council Resolution within twelve (12) months of the effective date of this
ordinance.
SM06\ORDS\ALCOHOL.AME 3
SECTION VI
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause a summary to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 1994 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 , 1994.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SM06\ORDS\ALCOHOL.AME
4
ORDINANCE 1976
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTIONS 29.10.225 AND 29.20.310
AND ADDING SECTION 29.20.318 TO PROVIDE A PROCEDURE
FOR LIMITING HOURS OF OPERATIONS OF ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES IN CASES WHERE
USE PERMIT CONDITION OR ALCOHOLIC BEVERAGE POLICY IS VIOLATED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.10.225 is amended to read as follows:
Sec. 29.10.225. Grounds for determining that a nonconforming use is no longer lawful.
After the hearing the deciding body may declare a nonconforming use unlawful if
it finds that one (1) or more of the following grounds exist:
(1) That the nonconforming use is being, or has been exercised contrary to the
terms or conditions of the original approval; or any conditional use permit
issued under section 29.10.215;
(2) That the nonconforming use is so exercised as to be detrimental to the public
health or safety, or to be a nuisance. In determining whether a
nonconforming restaurant or bar violates this subsection, the deciding body
shall also apply the enforcement analysis contained in the Alcoholic Beverage
Policy.
(3) That a person has modified a nonconforming use without a use permit under
section 29.10.215, or has continued such modification after a permit therefore
has been denied.
SECTION II
Section 29.20.310 is amended to read as follows:
Sec. 29.20.310. Revocation or modification of a zoning approval.
The Planning Commission on its own motion or on the recommendation of the
SM06\ORDS\ALCOHOL.AME
Planning Director, may, and if requested by the Council shall, hold a hearing to consider
modifying or revoking any zoning approval that has been granted pursuant to this Chapter
or any prior ordinance. Notice of the hearing shall be given in the same manner as for the
hearing of an application for zoning approval. Written notice of the hearing shall also be
mailed to any principals making use of, or relying upon, any such zoning approval not less
than five (5) days prior to the date of the hearing.
SECTION III
Section 29.20.318 is added to read as follows:
Sec. 29.20.318. Modification of operating hours of establishments serving alcoholic
beverages.
(a) Notwithstanding Section 29.20.310, if the Town Manager determines that there
is cause to believe that any establishment serving alcoholic beverages may be in violation
of the Alcoholic Beverage Policy adopted by the Council, the Town Manager will cause a
notice of violation to be mailed to the current owners of the property and establishment as
disclosed in the most recent County assessor's roll and the Town business license files. This
notice will describe the alleged violations.
(b) If the Town Manager determines that the alleged violations have not been
abated within the time frames set forth in the Manager's notice of violation, the Town
Manager may cause a notice of hearing to be mailed to the current owners of the property
and establishment as disclosed in the most recent County assessor's roll and the Town
business license files. The notice of hearing will include a description of the violations and
specify a time and place for an administrative hearing before the Manager or the Manager's
designee. The hearing will occur no earlier than fifteen (15) days after the mailing of the
notice of hearing. The owners shall be entitled to present evidence regarding the matter
and to respond to the alleged violations. If the owners fail to appear at the hearing, the
Manager or designee may proceed to decide the matter without their presence.
(c) If after the hearing, the Manager or the Manager's designee determines that the
establishment is in violation of the Town's Alcoholic Beverage Policy, the Manager or the
SMO6\ORDS\ALCOHOL.AME
2
Manager's designee may limit the hours of operation of the establishment, up to and
including closure no later than 10 p.m. until the Manager or the Manager's designee
determines that the violations have been abated. Upon determination that the violations
have been abated, the Manager will notify the owners of the property and the establishment
that the establishment is in compliance and will increase the operating time limits as the
Manager or designee determines is appropriate in light of the violations that occurred and
the abatement steps taken. The decision of the manager shall be effective immediately and
the establishment shall immediately conform its hours of operation to the Manager's order.
(d) Any interested person may appeal the decision of the Manager or the Manager's
designee to the Council as if it were a decision of the Planning Commission pursuant to
Section 29.20.275 and following. During pendency of the appeal, the establishment shall
conform to the hours set by the Manager's order.
(e) In no event will the Town Manager or the Manager's designee have authority
to restrict the hours of operation to a time before 10 p.m. If the Manager determines that
such a further restriction, modification of other elements of the establishment or use permit,
or revocation are appropriate, the Manager will request the Planning Commission to
consider the matter pursuant to Section 29.20.310.
SECTION IV
Section 29.20.743 is added to the Town Code as follows:
Sec. 29.20.743. Town Manager.
The Town Manager shall hold administrative hearings or designate a hearing officer
for such hearings as provided by this Chapter.
SECTION V
The restaurants with conditional use permits that serve alcoholic beverages and the
bars with conditional use permits shall comply with the provisions of the Alcoholic Beverage
Policy adopted by Council Resolution within twelve (12) months of the effective date of this
ordinance.
SM06\ORDS\ALCOHOL.AME 3
SECTION VI
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause a summary to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on April 18, 1994 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 May 2, 1994.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SMO6\ORDS\ALCOHOL.AME 4
INTERNAL TRACKING
COMPLETE AND INITIAL EACH S'i i:P
ACTION
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AGENDA ITEM: 1 ( ( 1/1'r
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
LIST IN BOOK 74 &el"(V
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ON DISC? MARIAN'S FORM SENT TO DEPT.
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PUBLISH IF REQUIRED - Indicate date of f/
ORDINANCES ONLY Publication. 1
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5
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WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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6
SEND COPIES TO DEPT. DISTRIBUTION LIST l
Dist. Report Date: NO.of COPIES: / •
4
TYPE ENVELOPES AND MAIL
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SIGN BY CLERK/SEAL
,Z,5/13
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
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FILE IN VAULT
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SEND FOR CODIFICATION IF ORDINANCE !
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„Ik:forms\ordres2
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PAt444u4'1 ( tee) roz..
PUBLISH SUMMARY OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
ATTORNEY
5/02/94
17
ALCOHOLIC BEVERAGES
RESOLUTION ORDINANCE
Number: 1976
Date of Intro: 4/18/94
Date of Adopt: 5/02/94
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D14:\OTHER\ORDRES
May 2, 1994
Los Gatos, California
PAYROLL RATIFICATION/APRIL 1994 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that L.;uncil ratify the check register for
the payroll of March 27 through April 9, 1994 paid on April 15, 1994 in the amount of
$206,606.40. Carried unanimously.
TRAILS AND BIKEWAYS COMMITTEE/ADVERTISE FOR VACANCIES (09.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report from Trails and
Bikeways Committee, determine vacancy exists, and instruct Clerk to advertise for applications
to fill vacancy. Carried unanimously.
9323 PROJECT/OAK MEADOW PARK/REST ROOM RENOVATION (10.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve contingency increase
for Project 9323 Oak Meadow Park rest room renovation by $2,000. Carried unanimously.
TRANSIT ASSIST PROGRAM/OPERATING BUDGET (11.; )
Motion by Mr. Blanton, seconded by Mrs. Benjamin, ::gat Council amend the Community
Services Department's Transit Assist program FY 1993-94 Operating budget by transferring funds
from full-time employees account to insurance account. Carried unanimously.
ART COMMISSION/ART COUNCIL OF SANTA CLARA COUNTY/GRANT (12.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council amend the Arts Commission's
1993-94 budget to incorporate Arts Council of Santa Clara County 1994 grant of $1622. Carried
unanimously.
COMMUNITY FORUMS/COUNCIL PARTICIPATION (13.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report on participation
in Community Forums. Carried unanimously. (Council also requested staff consi
vacation schedules and councilmember's available calendar time.)
MOBILEHOME RENTAL/TENANT-LANDLOR:. ?UTES/ORDINANCE 1973 (15.19
Motion by Mr. Blanton, seconded by Mrs. 3e, '.in, that Council re -adopt Ordinar 973
entitled, ORDINANCE OF THE TOWN OF )9 GATOS AMENDING ARTICLE 14.85
REGARDING MOBILEHOME RENTAL AND c.i'i HER TENANT/LANDLORD DISPUTES,
which was introduced at the Town Council meet of March 7, 1994. Carried unanimously.
OFFICE USE/GROUND FLOOR/A-92-3A/ORDIN E 1975 (16.46)
Motion by Mr. Blanton, seconded by Mrs. Benjar that Council adopt Ordinance 1975 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ..MENDING THE ZONING ORDINANCE OF
THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON STREETS,
ALLEYWAYS OR PARKING LOTS WHERE THEY AREPRESENTLY NOT ALLOWED, whi,..11
was introduced at the Town Council meeting of April 4, 1994. Carried unanimously.
ALCOHOLIC BEVERAGE POLICY/RETROACTIVE/ORDINANCE 1976 (17.43)
Motion by Mr. Blanton, seconded by Mrs. Ben' ^tin, that Cour. ;• .,dopt r finance
ORDINANCE THW N T' G HE
29.10.225 AND
OF 29.20.310ETCi ADDINGOFLOSGASEC )NAMENDIN29.20.318 TOi PRTC( JECOD A f
SERVING ALCOHOLIC B VERAGES IN ( ES WHERE USE PEI jT COI*
ALCOHOLIC BEVERAGE POLICY IS VIOLATED. which was introduced at the
meeting of April 18, 1994. Carried unanimously.
TC:D6: MM050294
2
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Council