Item 18 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 ConditionCOUNCIL AGENDA / 3
DATE: 4/18/94
ITEM NO. /
so,
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: April 7, 1994
TO: MAYOR AND TOWN COUNCI
FROM: TOWN MANAGER
SUBJECT: CONSIDER INTRODUCING AN ORDINANCE AMENDING THE TOWN CODE
ESTABLISHING AN ADMINISTRATIVE PROCEDURE AUTHORIZING THE TOWN
MANAGER TO TAKE ENFORCEMENT ACTION AGAINST ESTABLISHMENTS IN
VIOLATION OF THE ALCOHOLIC BEVERAGE POLICY AND MAKING PROVISIONS OF
THE ALCOHOLIC BEVERAGE POLICY RETROACTIVE TO ALL ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES; ZONING ORDINANCE AMENDMENT A-92-2. THIS
MATTER WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND IS
CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. APPLICANT: TOWN OF LOS GATOS.
RECOMMENDATION:
1. Open the public hearing;
2. Close the public hearing;
3. Direct the Clerk to read the title;
4. Waive the reading;
5. Introduce the Ordinance;
6. Direct the Clerk to publish a summary of the Ordinance at least five days prior to adoption.
DISCUSSION:
1. On February 22, 1994 Council adopted a townwide Alcoholic Beverage Policy including provisions
for an administrative procedure enabling staff to take swift enforcement action against those
restaurants and bars found in violation of the policy. Currently, the conditional use permit revocation
process is the only enforcement tool available as recourse against an establishment that has violated
their use permit or abused the privilege to serve alcohol. This process can be cumbersome and
time consuming. This proposed administrative procedure will allow the Town Manager to take
immediate action including curbing hours of operation. This Ordinance amendment will make the
Alcoholic Beverage Policy and the administrative procedure retroactive to all existing establishments
serving alcohol so that no one establishment is exempt from the rules.
(Con't. on Page 2)
PREPARED BY: LEE E. BOWMAN 0_ PLANNING DIREC4 OR
LEB:KH:sm 4/7/94 4:29 pm
SM06\CNCLRPTS\\ALCOHOL.RPT File #
ATTACHMENTS: (See Page 4 for list of attachments)
DISTRIBUTION: (See Page 4 for Distribution List)
Reviewed by: -�, Attorney
Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE ESTABLISHING PROCEDURE RE: ALCOHOLIC BEVERAGE POLICY
April 12, 1994
Once the Ordinance is adopted, all restaurants and bars with conditional use permits will have 12
months to come into compliance. Existing establishments will not be required to modify their
hours or their alcoholic beverage licenses simply as a result of the new Alcoholic Beverage
Policy and administrative procedure. The hours identified in the policy apply only to new
applications. Modified conditional use permits will include the provisions of the Alcoholic Beverage
Policy and will be sent certified mail to each affected establishment. Attachment 2 is a list of the
68 establishments in Town with conditional use permits to serve alcohol. Of the 68 establishments,
11 lack conditional use permits and are non -conforming. A break down is as follows:
40 Restaurants with liquor licenses but w/o bars.
22 Restaurants with separate bars.
6 Stand alone bars
Although the new policy could allow restaurants to stay open later, any restaurant or bar wishing
to change their hours of operation must have their conditional use permit approved by the
Planning Commission after making the appropriate findings.
2. The Town Code allows those restaurants and bars that are nonconforming due to lack of a
conditional use permit, to continue operating without a conditional use permit until August 31, 1997.
Until that date, the Town cannot impose a conditional use permit upon those establishments unless
findings are made under Section 29.10.225 of the Zoning Ordinance that the nonconforming use is
determined to be a public nuisance (The same process used for O'Shea's).
To apply the provisions of the Alcoholic Beverage Policy to nonconforming restaurants and bars,
it is recommended that Section 29.10.225(2) be amended to state that non-compliance with the
Alcoholic Beverage Policy is a public nuisance and grounds for determining a nonconforming
restaurant or bar unlawful.
When Council reviewed these amendments at its February 22, 1994 hearing, it directed staff to initiate the
Town Code amendment process. On March 23, 1994 The Planning Commission considered the proposed
amendments and recommended them to Council without change.
Section 29.10.225 of the Town Code is proposed to be 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 nanconforming;restat rant
or bar violates this subsection, the deciding body shalt also apply the enforcement
analysis contained in the'Town Alcoholic' Beverage Policy.: or
(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.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE ESTABLISHING PROCEDURE RE: ALCOHOLIC BEVERAGE POLICY
April 7, 1994
Section 29.20.310 of the Town Code is proposed to be amended as follows:
29.20.310. Revocation or modification of a zoning approval.
The Planning Commission on its own motion or on the ICgtltktl:;,t.tsiF P#ttg
f3 +oi'; 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 Tess than five (5) days prior to the date of the hearing.
A new Section 29.20.318 is proposed to be added to the Town Code as follows:
Sec:::;
ofirk
tteye;it?
regar be
r >M I[f[eetl' ` of s:.. r `ti `<I `t<':;:::.::. (;ifiiE:::: a .
::..:.:::::::::::::::::::p!.:.:.:ga.::... shy.
otwithstandfit Section #iY2a 11ii, ii the Tc wn anager do rmiflels.:
establishment serving alcoholic beverages may be 11'i aifatlo r i'�t the Alc li
adopted by the Council, the Town Manager will cause a troth
Trent owners of the property and estahflShment as disclose•
T rY¢y
R roll and the Town business license fifee. This notloe uwili lescri rs.
ragett
rn;Mana9er determines that'the alleged violations have not.t een aba
Manager's notice of violation, the Town Manager May eau
Y ,he rent owners of the property and establishment esdiai
.... . .. a ass roll and the Town business license files. i'f a n.
Scf'rpt10fl�}s f;the violations and specify a time and place for an admtrt
JRnger or the Manager's designee. The hearing will occur no earlhe
itingot the notice pt,ihearing. The owners shall be entitlat.,
' spot_ ti the alleged violations. If the owrri s,
proceed to decide the matter without thei
ttc ff>alfter the hearing, the Manager or the Manager's designee 'deteri5
aEtilshment Is in violation of the Towns Alcoholic Beverage>Policy, the Manager or:
igiitee may limit the hours of operation of the establishment, up to and:includJO
t,l.the,Manager or the Manager's designee determines tha h vto
unatron that the v..iolabions havebeenfabated, the Manager will n
..... shment tltattlthe establishment is in comptt
anager of designee determines is -.a.
Cement sieps taken. Th, decision of the manager
estabi#ehrent shall immeduatelrc nform its hours. of op ? �:`:
; :. r 1 triay arspe'ai the idecision of the' Manager a
eision;:of the Planning Commission pursuanttif
`theappeal,: the establishment shall conform
(0 In no event will the Town Manager or the: Manager's designee have authority to r
-'� operation to a time before 10 p.m. If the Manager determines that such a furihe�t
�dtfication of other elements of the establishment or use permit, or revocation ;are
anager will request the Planning Commission to consider the matter pursuant tt
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE ESTABLISHING PROCEDURE RE: ALCOHOLIC BEVERAGE POLICY
April 7, 1994
A new Section 29.20.743 is proposed to be 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.
This Town Code Amendment will be uncodified and will sunset when all establishments are in compliance.
T re$taur tits: w th on it una use<;permits t at!;serve 01.60h011#.4.:**Odi*::**C.:11114..NfiVtliti
conditionaluse permits shall comply witf the provisions• of the Alcoholic Beverage Policyadopted: by CaunciiI
I e (ution within twelve (12) months of the effective date of this ordinance.
FISCAL IMPACT:
Staff time to research files, update each use permit and send the modified use permits certified mail is
estimated to be approximately $2,000. The current budget does not provide for this expenditure and
therefore this project must be budgeted for fiscal year 1994-'95.
ATTACHMENTS: 1. Draft Planning Commission minutes from meeting on March 23, 1994.
2. Draft Ordinance.
3. List of establishments subject to ordinance.
4. Alcoholic Beverage Policy.
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, Steamers 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, Suite 50 SJ 95112
John Watson, Alligator Grill, 15 1/2 N. Santa Cruz Avenue, Los Gatos, CA 95030
Joe Hargett, 95 Church Street, Los Gatos, CA 95032
Dan McFadden, 123 University Avenue, Los Gatos, CA 95030
Ron Lykins, 119 University Avenue, Los Gatos, CA 95030
Steve and Beth Zientek, 106 Tait Avenue, Los Gatos, CA 95030
Scott Broomfield, 115 University Avenue, Los Gatos, CA 95030
Laila Montgomery, 209 University Avenue, Los Gatos, CA 95030
Larry Todd, Chief of Police, Town of Los Gatos
PLANNING COMMISSION MINUTES --12
March 23, 1994
DRAFT
Motion passes unanimously, 5-0.
AYES: Commissioners Abkin, Chase, Decker, Pacheco and Rudolph
NOES: None
ABSTENTIONS: None
ABSENT: Commissioners Jensen and Morgan
Bowman gave appeal rights and procedures.
ITEM 6 Zoning Ordinance Amendment A-94-2
Public Hearing to consider amendments to the Town Code establishing an administrative
procedure authorizing the Town Manager to take enforcement action against restaurant
owners in violation of the Alcohol Beverage Policy and making provisions of the Alcohol
Beverage Policy retroactive to all restaurants serving alcohol beverages. This matter will
not have a significant impact on the environment, and is categorically exempt from the
requirements of the California Environmental Quality Act.
APPLICANT: Town of Los Gatos
Mark Hall, 15049 Los Gatos Blvd., asked if this was an incorporation between behavior and
consumption or was it a procedural formula.
Chair Rudolph stated the ordinance was to allow the Town to regulate hours more strictly
based on complaints about an establishment that had difficulty controlling the social side
effects from over consumption of alcohol. If the Town Manager decided to limit hours of
an establishment that could be appealed. This ordinance allows the Town to be more
responsible to the needs of the community.
Comm. Abkin stated respect and responsibility are important concepts and the Town needs
to respect peoples rights to have varied forms of social communication but those who
practice those same forms of social communication have a responsibility to the people
around them not to infringe on their rights to enjoy their property. This amendment
delegates authority to the Town Manager to make the process more efficient, to try and
ensure there is no infringement of rights by those establishments to the people around them.
No one else wished to speak; public portion of hearing closed.
MOTION Chair Rudolph moves, seconded by Comm. Decker, to recommend Zoning Ordinance
Amendment A-94-2 to the Town Council for adoption. The Commission has explored the
idea that the action approved under this amendment can be appealed, that there will not
be an abuse of exercise of power and the amendment is necessary to make us more
responsible to the community to address the needs of those establishments that have these
kinds of problems. Findings are that the amendment is consistent with the General Plan.
The Community Design Element states we need to promote and protect commercial and
residential areas and this will help accomplish that.
Comm. Chase stated he thought there was sufficient due process in the ordinance as drafted
that there will not be a problem with misuse of power.
Motion passes unanimously, 5-0.
AYES: Commissioners Abkin, Chase, Decker, Pacheco and Rudolph
NOES: None
ABSTENTIONS: None
ABSENT: Commissioners Jensen and Morgan
ATTACHMENT 1
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
ATTACHMENT 2
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 29.20275 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:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SM06\ORDS\ALCOHOL.AME 4
1 RESTAURANT W/LIQUOR I' 'NSE
2 — RESTAURANT W/SEPARATE BAR
3 — STAND ALONE BAR
ALCOH.XLS
ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES
NAME OF BUSINESS
ALCOHOL
BUSINESS ADDRESS
PERRY'S DELI
1
14107 WINCHESTER BL
YEUNG SHING RESTAURANT
1
14107 WINCHESTER BL
GAETANO'S RISTORANTE
1
14180 BLOSSOM HILL RD
THE MEDITERRANEAN KITCHEN
1
14194 BLOSSOM HILL RD
MARCO'S DELICATESSEN
1
1452 POLLARD RD
ROUND TABLE PIZZA PARLOR
1
1472 POLLARD RD
CAFE TRIO
1
15466 LOS GATOS BL
LIVE OAK KITCHEN
1
15531 UNION AV
IRON SKILLET
1
15662 LOS GATOS BL
LA STRADA
1
210 E. MAIN ST
EDNARAY RESTAURANT
1
406 N. SANTA CRUZ AV
MT. EVEREST
1
412 N. SANTA CRUZ AV
MOUNTAIN MIKE'S PIZZA
1
430 N. SANTA CRUZ AV
VERTOGO
' 1
453 N. SANTA CRUZ AV
TOGO'S
1
798 BLOSSOM HILL RD
FRESH CHOICE
1
LOS GATOS BLVD.
LA MAISON DU CAFE'
1
103 #C WINCHESTER BL
LOS GATOS BREWING COMPANY
1
130 N. SANTA CRUZ AV
DRAGON BISTRO
1
133 N. SANTA CRUZ
GREAT BEAR COFFEE
1
19 N. SANTA CRUZ AV
WILLOW STREET PIZZA
1
20 S.SANTA CRUZ AV
GOOD EARTH RESTAURANT
1
206 N. SANTA CRUZ AV
ANDELE TAQUARIA
1
21 N.SANTA CRUZ AV
THE DINER
1
235 SARATOGA AV
PIGALLE
1
27 N. SANTA CRUZ AV
29 E.MAIN
1
29 E. MAIN ST
VILLAGE HOUSE
1
320 VILLAGE LN
CAFE MARCELLA
1
368 VILLAGE LN
LANTERN HOUSE
1
39 N. SANTA CRUZ AV
AND CHILI OF LOS GATOS
1
49 E. MAIN ST
THE WINE CELLAR
1
50 UNIVERSITY AV
IDA'S
1
50 UNIVERSITY AV
FRESH GARDEN
1
51 N. SANTA CRUZ AV
ANDELE TAQUARIA
1
6 N. SANTA CRUZ AV
LISA'S TEA TREASURES
1
330 N. SANTA CRUZ AV
THE FLAMES COFFEE SHOP
1
15200 LOS GATOS BL
ERIK'S DELICAFE
1
15495 LOS GATOS BL
STUFT PIZZA
1
15525 LOS GATOS BL
ROOH'S CAFE SALSA
1
15525 LOS GATOS BL
CAROUSEL RESTAURANT
1
15466 LOS GATOS BL
PIZZA HUT
2
14080 BLOSSOM HILL RD
ERNESTO'S
2
14101 WINCHESTER BL
MARBELLA'S RESTAURANT
2
14109 WINCHESTER BL
O'SHEA'S PUB AND GRILL
2
258 UNION AV
CHART HOUSE RESTAURANT
2
115 N. SANTA CRUZ AV
OPERA HOUSE
2
140 E.MAIN ST
Page 1
ATTACHMENT 3
ALCOH.XLS
TOLL HOUSE RESTAURANT
2
140 S. SANTA CRUZ AV
ALLIGATOR GRILL
2
15 1 /2 N. SANTA CRUZ AV
VALERIANO'S RESTAURANT
2
170 W. MAIN ST
C.B. HANNEGAN'S
2
208 BACHMAN AV
PEDRO'S
2
316 N. SANTA CRUZ AV
FIORILLO'S
2
354 N. SANTA CRUZ AV
CALIFORNIA CAFE
2
50 UNIVERSITY AV
STEAMERS RESTAURANT
2
50 UNIVERSITY AV
UNIVERSITY CLUB
2
50 UNIVERSITY AV
JALISCO
2
50 UNIVERSITY AV
THE WAVE
2
50 UNIVERSITY AV
ROUND TABLE PIZZA PARLOR
2
57 N. SANTA CRUZ AV
LOS GATOS LODGE
2
50 SARATOGA AV
JOHNNIE'S
2
14675 WINCHESTER BL
VILLA FELICE
2
15350 WINCHESTER BL
JOHNNY'S NORTHSIDE GRILL
2
532 N. SANTA CRUZ AV
LAST CALL
3
408 N. SANTA CRUZ AV
NUMBER ONE BROADWAY
3
102 S. SANTA CRUZ AV
MOUNTAIN CHARLEY'S
3
15 N. SANTA CRUZ AV
CARRY NATION'S
3
8 N. SANTA CRUZ AV
BLACK WATCH
3
41 1 /2 N. SANTA CRUZ AV
OTTO'S GARDEN ROOM
3
15043 LOS GATOS BL
Page 2
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 4
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;
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 OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 OF THE
TOWN OF LOS GATOS CODE ESTABLISHING AN ADMINISTRATIVE
PROCEDURE AUTHORIZING THE TOWN MANAGER TO TAKE ENFORCEMENT
ACTION AGAINST ESTABLISHMENTS IN VIOLATION OF THE ALCOHOLIC
BEVERAGE POLICY.
(SUMMARIZED)
On April 18, 1994 the Town Council of the Town of Los Gatos introduced an Ordinance
amendment that authorizes the Town Manager to hold an administrative hearing and take
enforcement action if an establishment is found in violation of the Alcoholic Beverage
Policy adopted by Resolution 1994-29. The amendment includes a provision that makes the
conditions of the Alcoholic Beverage Policy retroactive to all restaurants and bars serving
alcoholic beverages. Attest: /s/ Marian V. Cosgrove, Town Clerk
PUB:4/27/94
INTERNAL TRACKING
k_.JMPLETE AND INITIAL EACH S ■ r.;P
ACTION
AGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
131
LIST IN BOOK 0};g-
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE !
lk:forms\ordres2
April 18, 1994
Los ( zos, California
I ::ARINGS CONTINUED
SIGNS/SPECIAL EVENTS CONT.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to May 2,
1994 for staff to reassess the following issues: The use of three signs to be placed, 1) at the site
of the event, 2) in the downtown area, 3) in another geographical location in Town, and none
to be within 500 ft. of the same intersection; any legal obstacles which may not permit Council's
goals; clarification of Council's previous motion. Carried unanimously.
ALCOHOLIC BEVERAGE POLICY/RETROACTIVE/ORDINANCE INTRO/HEARING (18.43)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introducing an ordinance amending the Town Code establishing an administrative procedw
authorizing the Town Manager to take enforcement action against establishments in violation
of the alcoholic beverage policy and making provisions of serving alcoholic beverages: Zoning
Ordinance Amendment A-92-2. This natter will not have a significant impact on the
environment, and is categorically exem7 om the requirements of the California Environmental
Quality Act. Applicant, Town of Los tos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing.
Carried unanimously.
The Town Clerk read the title to the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOSAMENDING THE TOWN CODE
SECTIONS 29.10.225 AND 2920.310 AND ADDING SECTION 2,9.20.318 TO PROVIDE A
PROCEDURE SERVING ALCOHOLIC BEVERAGES IN CASES WHERE USE PERMIT
CONDITION OR ALCOHOLIC BEVERAGE POLICY IS VIOLATED directing the Town Clerk
to publish a summary of the Ordinance. Carried unanimously.
PARKING FACILITIES/DOWNTOWN AREA/HEARING/RESOLUTION 1994-60 (19.42)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution amending the Downtown Specific Plan to establish a priority for construction
of future public parking facilities in the Downtown Area. Downtown specific Plan amendment
DSP-93-1. No significant environmental impacts have been identified as a result of this project.
A Negative Declaration is recommended and an Environmental Impact Report will not be
required. Applicant, Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public heanng.
Carried unanimously.
TC:06: MM041894
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