Item 12 Staff Report Consider Adopting Resolution Modifying the Downtown Alcholic Beverage Policy and Expanding Policy Town-WideCOUNCIL AGENDA
DATE: 2/22/94
ITEM NO. /
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: February 11, 1994
TO: MAYOR AND TOW COUNCI
FROM: TOWN MANAGER
SUBJECT: CONSIDER ADOPTING RESOLUTION MODIFYING THE DOWNTOWN ALCOHOLIC
BEVERAGE POLICY AND EXPANDING POLICY TOWN -WIDE
RECOMMENDATION:
1. Hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Adopt resolution modifying the Alcoholic Beverage Policy.
4. Direct staff to initiate a Town Code amendment establishing an administrative procedure to enforce
conditions related to the Alcoholic Beverage Policy and making the provisions of the Alcoholic
Beverage Policy retroactive.
5. Thank the Restaurant Owners/Citizens Committee for their time and valuable input into this process.
BACKGROUND:
On January 3, 1994 Council considered an amended Alcoholic Beverage Policy recommended by staff and
a committee of downtown restaurant owners. In response to public testimony, Council continued the
hearing and directed staff to add residents to the committee and address their concerns. The Restaurant
Owners/Citizens Committee met with staff and Councilmember Patrick O'Laughlin on January 20 and
January 27, 1994.
DISCUSSION:
Since Council last reviewed the draft policy on January 3, 1994,
the discussions with the restaurant owners and residents. A
attached to this report (Attachment 1) highlighting the changes.
PREPARED BY: LEE E. BOWMA /- 6--
PLANNING DIRE TOR
LEB:KH:mb
mb09:1cnclrpts\alcohol.rpt
ATTACHMENTS: See page 3 for list of attachments
DISTRIBUTION: See page 3 for distribution list
Reviewed by: 7rAttorney Clerk Finance
COUNCIL ACTION/ACTION DIRECTED TO:
several changes were made as a result of
redline version of the proposed policy is
A summary of the changes are as follows:
(Continued on Page 2)
2/11/94 2:11 pm
Treasurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOLIC BEVERAGE POLICY
February 11, 1994
1. The "Purpose" section of the policy is expanded to clearly demonstrate the intent and need of the
policy, particularly the need to protect residential neighborhoods abutting commercial zones.
2. Current policy discourages entertainment establishments ( i.e. comedy clubs, nightclubs) and
entertainment in restaurants. While entertainment establishments are still discouraged under the
proposed policy, entertainment complimentary to an establishment may be permitted if standards
are developed and a permit process adopted. Outdoor entertainment still requires a conditional use
permit. Not everyone on the committee agreed that entertainment should be allowed in restaurants.
3. Current policy does not allow alcoholic beverage service past 11 PM for new applications. The
proposed policy sets maximum hours at 11 PM during the week and 1 AM on the weekends. The
specific hours of each establishment is still determined on a case by case basis under the
conditional use permit process. Some citizen committee members felt the proposed hours are too
generous.
4. The proposed policy would be retroactive to all existing establishments serving alcohol for the
purpose of having an enforcement procedure to effectively deal with alcohol related problems.
Existing establishments will not be required to modify their hours or their alcoholic beverage
licenses as a result of the proposed changes to the Alcoholic Beverage Policy. Part of the
Town Code amendment will include a blanket ordinance (see Section IV of Attachment 3) that will
amend the Use Permits of existing establishments to include the provisions of the policy. Once the
Ordinance is adopted, all restaurants and bars with conditional use permits will have 12 months to
come into compliance. Modified conditional use permits will include the provisions of the Alcoholic
Beverage Policy and will be sent certified mail to each affected establishment.
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.
5. Prior to approving any new conditional use permit to serve alcoholic beverages past 10 PM, the
Planning Commission must make findings including a finding of community benefit. Theses findings
are in addition to the findings required for a conditional use permit.
6. A key element of this policy is the "Enforcement" section supported by the proposed Town Code
amendments that authorize the Town Manager to take timely action against any establishment
violating this policy. Attachment 3 is the proposed amendment to the Town Code outlining the due
process.
The proposed policy still recommends that new applications for bars in conjunction with restaurants and new
stand alone bars be discouraged. Entertainment establishments are still discouraged. Given the Town's
traffic policy, parking restrictions and the provisions of this policy, diminishes the likelihood of any new large
scale restaurants downtown.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOLIC BEVERAGE POLICY
February 16, 1994
Special Holiday Celebrations:
The committee discussed exceptions to the provisions of the Alcoholic Beverage Policy or the operating
conditions of a conditional use permit. It is not unusual for restaurants to request a one day exception to
the provisions of their conditional use permit to have special holiday celebrations such as New Years Eve
or St. Patrick's Day. A typical request is an extension of hours or a one day liquor license. There are no
provisions for exceptions to conditional use permits. Under state law, conditional use permits require public
hearings. A modification to any operating conditions, even temporarily, requires a public hearing. An
ordinance could be adopted that would allow all restaurants in Town to be exempt from the conditions of
their use permits. This could be accomplished either by limiting the number of days each year that a
restaurant could exceed the terms of its use permit, or by specifying in the ordinance which holidays use
permits would not be in effect.
Given that only a handful of restaurants in Town have special celebrations, the cleanest, most efficient way
of addressing this issue is to have those establishments apply for modification of their respective conditional
use permits. The current application fee for modification is 75% of the regular fee or $1,812.75.
FISCAL IMPACT: None
ATTACHMENTS: 1. Redline version of Alcoholic Beverage Policy.
2. Draft Resolution and Alcoholic Beverage Policy.
3. Draft Town Code Amendment authorizing Town Manager to take
enforcement action and making Alcoholic Beverage Policy retroactive.
4. Letter received January 18, 1994 from Ron Lykins.
5. Letter dated January 11, 1994 from Dan McFadden (6 pages)
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
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::::::<.:..:::.:.:..:...:.:<.>:::::;:<:.;;::;><':r.::;;.:::.:;::.:::.:;•:;::;,::.,d• itsh:::,:-;:
to occur #��>�%:>��::d�sl�a��:.>.� :..;�:...::;� ... ::
� < o alcoholic beverages," with'or wtthoutT meals, past
o [.yprivllege to he determined on a case by case basis. T. Fw�`:IM:Y Y 6 £t :
ns intended to balance the protection of residential neighbor
::*0.4 to commercial districts and still maintain the viabilit
centers in which rostc urants have an essential role r 4''-"r:
>;:•::.: Hours..of
y bexegttlated hased oft.* gdltshment's proximity to residents
aols, the concentration of n:tahlikhrnents in an area serving
r 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.
ntertainment 1n a sbeiai on with aan eating or drinks `e t b i
1pwed ;if standards zrtd. peri.pocess are adopted:
l.. _ Alcoholic beverage service for riew conditional use per
applications for modification of a conditionat it e permit; .r>
After 11 PM Sunday through
euenings before holidays.,
*troy; except for halldr$d
,fin `exi sir blaslirrtent with a `conditional use permit in good standing allow0 i
to Serve at holic beverage past .be ours stated above, nrtay continue to operate
xnr their existing .hours of open
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.
e •b
:z�:{hv� ' ���tt�. d l�t�d `s all
�::;�>': ::x<>�fi..: 1 Ong; ; y h �.� {% ��......
fln fc1r cc�ndit anal
rate ng
neigh he rhpp
r} h he appliczza
compliance w
w I1
•7. k;.,y;F4
t dues not have a History of corrtp h :
local ordinances or the Alcoh 1.tc`' 3
t has demofistrated a clear l eziefi }> :.:.: `;«. ':.{'<.':,"."`
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.
ttc tz ' use peti;nits issued t T 'Wiled I"o; ' aico of c n8 '. service.
shall be subject to Section 2 ,21,3 (lj} of the Town Code atyt ertt< ing!the
n ]Manager to take enforcement action if it is determined that the sale o alcohol
.s hecorne a nuisance to the Town's public health, safety or welfare Enforcement
ol" Section 29.20. 10(b) of the Town Code will he based on, but not:*ted to, the
fpilowing faetwzs
der and types of calls or se. e?`b' .near the:. eSf<:::::<
ect result al patrons actions,
{F The nurnber'`of complants received frorn residen and of
ancertng.. the operation of an estahltshxneh
' The number;"of arrests for alcohol, drug, disturbing the peace,
public nuisance vic.Iations associated nth do estahlishrnent;
aids of complaints received from the st7Y
and xlie County Health Department.;
�n f coif . -:
.::.:.:�.. dxfi�rans of
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.
n:\dev\kirk\alc.pol
ORDINANCE
AMENDING SECTIONS 29.10.225 AND 29.20.310 AND ADDING A NEW 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 ordains 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:
(3)
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;
That the nonconforming use is so exercised as to be detrimental to the public
health or safety, or to be a nuisance. If a noncon f'orm:mn>;€>li
Is>found•to be in iron-e4. fth the Alcoholic
a opted by Councils it' all deter fined to be a public buf
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:
29.20.310. Revocation or modification of a zoning approval.
The PlanningCommission on its own motion '}:;;::::.:>'<:<::;<:::.>:.<>}>;<,<:>:.::>:::.:::;:;::::;:>;:::
oc#h,lrmna4...<:}Ih
fir4 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.
1
ATTY DRAFT
2/7/94
ATTACHMENT 3
SECTION III
A new Section 29.20.318 is added to read as follows:
..„
ToWn Manaerdeter.minethatthc
adopted 1-)y the CO410)Lthe Tow Manager
ton to he mailed to the current owrieA,.e.th
ost rcnt Coanty
t.,a.....s...sessoes roll and .n14g4
e the allegedV.4....;
:T6wri Manager determines that the alleged v1441.:i.'"'
•
.time frames set forth in the Manager s notice ....vioL
.
e a notice of hearing to be mailed to the ,cnrroliig;oyH'Tff''''
disclosed in the most recent C()unty asSeSSOT.::. .,.
i":#.'S:!:iive:...-47:. te.,.si.s The notice ()f hearing will include a decription of the vt .,,.
„..::: tune hearig eandpl,.'hice for an admitli..s„.44I1...v e hea—ring before the Manager Or th641, ;;aga.0.,0
Will °CCU r no ..aftterh
, t ati fifteen (15) days aftei.„..g!p::......,...._...,.,....:..,. ..
1gnee t
pC1
..':..of hearing The owners shall. be entitledto presentridence_::re
::,.,:.
the
..,, ..,.„:„
1,....zs..... to 1.,.:...:nd. t;) the alleged violations If the owners fa:.....to appear
Manager or .;...:
desgne. may proceed to degid....k'.i;:iph.....p matter withput thei::.:..
ry'Tf: after Ileartng,J.e.,:...:. 4 the .4::; ,. :.. , geet'W ,
:fa:.:.,,,,..x.:.:.:.:....:,::),.:.-.A..::'
. :':..h'e' ent i,; in violation (if the'tOwn's Ale()hOlre.: Beverage .0
. Ik'.: Osignee may limit the hours of operation ()f the es
no later than 10 P.m, until the Manager or the kti.t
'' -""''''.iolati()ns lit' e been abated. Upon determination
ed eManager will notify the owners ()f the propertytainnd
&A()m nt is in compliance and will inc.h rease the ()peira,ii,,..
• '''''''': 'terolilles i,4P1;049P,T;i:VO.4x1....:::1..g4t of t e vinAtt................„,........„...,..„„
—
...
d ,peifrsi(t)riwtt7 elie\,/
t:SteCounc MDT) af the
Plannrng wIta& . ,
$ restriction, niodi
tif the .... ..
er :
hours (.)1. o v fi moon of other e he eSi..sitiNhille
Managers,A, ,
or revocatrnn
p
are appropriate, thf2 Manager will reqtlest the armtng CP11100
ursuant to Section 29.20.31().,5.41,
7
ATTY DRAFT
2/7/94
SECTION IV
A new Section 29.20.743 is added to the Town Code as follows:
- 7 t > own Manat
wn Manager .shalrlf tt t i strative heir' <>
SECTION V
....%{ :t}yi. S::i•: {:tif]:. •':<pij}VS:iGii'i:: v'
[iStY'.1:f.Y•Y$'��]�F:iif:'N.[atx.Y.nwfaY._.i�•�:>...5(:.::
�, � t1s�t�a serve aic�o>
� i1€ nal a permits; ll o p�. a "thy provisions
ed by Council Reso1uiin wtthanive (12 moral o
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 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 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
3
ATTY DRAFT
2/7/94
RON LYKINS
119 UNIVERSITY AVE.
LOS GATOS, CA 95030
January 14, 1994
Mayor Randy Attaway &
Los Gatos Town Council
110 E. Main St.
Los Gatos, CA 95032
SUBJECT: PROPOSED POLICY CHANGE FOR ALCOHOL SERVING
ESTABLISHMENTS
Dear Mr. Attaway and Councilmembers,
TOWN MANAGER
Received. • 15
To: �e
[xl Ac:Ion Due: r - 2 ` • ?'Y
e[s f ,-e_s�e..0
_ t.--
i l Information
t l Copy To:.
Other:
It seems you are at it again: if not for my observant and involved neighbor you would
have slipped a change in hours for the Los Gatos Brewery and other bars by us
residents without proper notification and comment. I thought we had a deal, that the
town would balance our needs as residents with those of the commercial
establishments in town. in fact, when the conditional use permit was issued to the Los
Gatos Brewery we were assured by the developer and owners that they could operate
the establishment within the hours established and agreed upon by the neighbors. We
were also promised by the council that we would be duly notified of any changes in the
use permit that would significantly affect us. I DID NOT GET A NOTICE AS
PROMISED. In addition when Los Gatos Brewery applied for the use permit, part of
the conditions of the use permit were that they would hire security guards to move
patrons from the parking lot at closing. This did not happen. Currently, on a busy
night we will have people obviously drunk, yelling at each other across the parking lot,
slamming doors and generally being boisterous after a good night at the pub. Police
presence is noticeably absent so they linger deciding where to move the party. On a
weekend I accept it as part of living in town, on a weeknight I find it annoying and
exactly what we were concerned about when we spoke before council regarding the
conditional use permit for the brewery.
If the town council wants to maintain the character of downtown Los Gatos, I believe
you need to be proactive in your approach with the neighbors that back up to the
commercial properties. This means a phone call and a written notice whenever you are
about to change policy that will affect our lives so significantly. I believe that we have
demonstrated in the past that we want to be involved, and that we are reasonable and
understanding of the needs of the merchants, restaurateurs and bar owners. When
Los Gatos Brewery came to my door recently asking for an exception to the policy to
extend hours on New Years Eve, I had no problem signing to allow the extension. But
I take exception to the council even considering a major change in the policy without
asking for our input. I thought we had a deal on this issue.
ATTACHMENT 4
As a property owner at 119 University and currently in escrow on 315 University I am
deeply concerned about the proposed changes in the policy. I understand that there
are major development plans proposed for Old Town and I feel that we need to be
involved and informed.
Since
/C6zc
Ron Lykins
JAN 4 1994
January 11,1994
Mr. Dave Knapp
Town Manager
Town of Los Gatos
110 E . Main Street
Los Gatos CA 95032
SUBJECT: DOWNTOWN ALCOHOLIC BEVERAGE POLICY
When we talked briefly over the Christmas holidays, you asked for any
comments I might have on modifying the Downtown Alcoholic Beverage
Policy. I have since had time to read through the staff report generated by the
bar/restaurant owners, and I would like to provide you with my thoughts as a
downtown resident.
I have two general concerns. The first is that the staff paper concludes that "the
proposed policy may appear to broaden the scope in which alcoholic beverages
are served," when in fact the proposed policy, by scrapping the 11:00 p.m.
curfew, constitutes a major change in the existing policy. This curfew was put
in place by a previous Council because of complaints by residents of late night
noise. This remains my primary concern, and the policy does not address how
you increase the late night crowds, and yet do not increase late night
disturbances due to over -served patrons of the bars and bar/restaurants.
In approaching the Town Council, I have requested that they consider the
importance of balance between the late night businesses and the adjacent
residents. Instead of balance, the staff report focuses on the question of
inequity -- the financial suffering of bar/restaurants who are subject to the 11:00
p.m. curfew, as opposed to similar uses that are pre-existing and non-
conforming. The approach presented in the staff report appears to stand local
land use planning and zoning on its head. Will this policy of "adjusting the
new to fit the old" apply only to restaurants, or will it be a new standard the
Council will apply generally?
The other rationale offered to undergird this change in policy is an economic
study prepared by Economic Research Associates in 1990 that determined "that
eating establishments serving alcoholic beverages provide increased revenues.
While the Council does not want to determine land use policy from a fiscal
ATTACH M EN
Mr. Dave Knapp
DOWNTOWN ALCOHOLIC
BEVERAGE POLICY
Page 2
perspective, the success of a full -service restaurant community plays a major
role in the vitality of the downtown which is in everyone's best interests". I
have worked with ERA and find them responsive and capable of stating the
obvious, but as econometricians, evaluating qualitative and long-term impacts
is beyond their scope. What the staff report seems to say is that they have the
bar stools, we need the sales tax, let's go for it.
The balance between the residential community and nighttime businesses is a
very delicate one. At the moment, I would say it is largely in balance.
However, with the opening of Highway 85 and the possible development of
Old Town, I think the Town Council should go very, very slowly. If the
Council. puts the welcome mat out for additional late night bar/restaurant
businesses, it will tip the balance against the residents. This is particularly true
along the western side of University Avenue, where large public parking lots
abut the back of residential properties. Approximately ten years ago ,the
Council took action to re -enforce the residential character of this strip, and since
then many of these properties have become owner -occupied and consequently
significantly upgraded. If the current occupants are driven out and these
houses again become rentals, the town, in its hunger for sales tax, will prove to
be penny-wise and pound foolish. The decline of the downtown
neighborhoods will have an adverse effect on the character of the town and the
downtown retail, that will out -weigh the marginal sales tax gains from
supporting late night bar/restaurant expansion. Additional police patrols are
very expensive and will quickly absorb any additional increment in sales tax. It
has been my experience that when the business community is asked to foot the
bill for increased law enforcement costs in the CBD, the daytime retailers and
the small business owners are quick to resist and blame large bar/restaurants
and dubs for the problems.
In sum, I believe the staff report indicates a major change in policy to
accommodate short-term concerns without sufficient examination of long-term
impacts, and offers simplistic assertions that do not provide sufficient
justification for this major shift in policy.
My second concern deals with the "standards" and procedures suggested in the
staff report for regulating late night alcoholic beverage service. The staff report
states that the bar/restaurant committee and staff wanted to draft a policy that
would: (1) include standard conditions that would apply to all establishments
serving alcoholic beverages; (2) not permit responsible restaurant owners from
expanding their operations and hours; (3) provide an administrative process to
swiftly and effectively deal with those who do not operate in compliance with
Mr. Dave Knapp
DOWNTOWN ALCOHOLIC
BEVERAGE POLICY
Page 3
this policy. While I believe these objectives are far too limited, I would like to
respond on how well the recommended policy meets these objectives:
1. Standard Conditions for all Establishments - The staff report does state that
"the specific hours of operation are determined on a case -by -case basis
under each Conditional Use Permit application." Hours are a major
condition, and I am sure there will be other major conditions based on the
location of the business. In other words, each establishment is treated as sui
generis. This is how it has to be with conditions being site specific. By
stating an intent to achieve standard conditions, is the Council setting out to
erase conditions placed on businesses due to unique circumstances? Won't
this policy support a business owner approaching the Council to seek
redress from any conditions that are not uniformly applied to all
bar/restaurants as unfairly penalizing his/her establishment?
I guess what the Committee had in mind with the idea of standards was
within the three categories of establishments — restaurants, restaurants with
separate bars, and stand-alone bars. I think the first and third are fairly
dearly understood. However, if a restaurant has a separate bar, and the
majority of their gross receipts is realized from the sale of alcohol, is it a bar
or a restaurant? It is clear from the report that the bar and restaurant
owners do not want to provide information on their splits between alcohol
and food sales. Without this information, you lack a functional definition of
a restaurant. All bar/restaurants change over time. Many restaurants open
with extensive menus and then cut back on the kitchen, add entertainment,
and promote the bar because it is a higher profit center.
As the report states, "While no hour restrictions are recommended,
restaurants with separate bars would be required to keep their dining areas
open to avoid the separate bar from dominating the business." Clearly, a
restaurant does not need a full bar to provide bar service to the dining
room; in fact the opposite is true — the restaurant is kept open to justify the
sale of alcohol. Take for instance my neighbor, the Brewery that has two
separate operations with two separate entrances under one roof. There is no
reason that full bar service cannot be restricted after a certain hour and
function as a service bar to the dining areas.
Mr. Dave Knapp
DOWNTOWN ALCOHOLIC
BEVERAGE POLICY
Page 4
I believe the second category is much to broad and vague. Maybe there is a
need for a fourth category for bar/restaurants with large alcohol programs
where the bar and dining area can be addressed separately. Unless the
Town can come up some workable standards to differentiate between a bar
and a restaurant, it is well advised to leave the current restriction on hours
in place.
2. Not Prohibit Expansion of Hours for Responsible Restaurant Owners - Again I
would like to speak to my experience with the Los Gatos Brewery to try to
get a handle on what the Town considers a responsible restaurant owner.
As I said in my letter to the Planning Commission last June, I congratulate
Mr. Pavicich for developing a first-rate establishment. We would have no
complaint if the parking for the Brewing Company and the bedrooms of a
number of the residents along the western side of University were not
adjacent. Unfortunately, late -night crowds mean late -night noise.
Consequently, in spite of the quality of the pub operations, there remains a
need to strike a balance between the interest of the Brewery and other late -
night businesses, and the adjacent residents who deserve the quiet
enjoyment of their homes.
Prior to the approval of the Conditional Use Permit for the Brewery, I had a
series of discussions with Mr. Keller, the developer of the project. In fact,
there was a long discussion before the Planning Commission on the
residents' question whether a facility with such a large alcohol program was
a good fit for this particular site. The neighbors were willing to have a
restaurant in this location, but not a bar. The nearby residents were
opposed to the project, primarily because of the late -night car door
slamming and noise that would result as patrons exited at closing. We were
uneasy about changing the 11:00 p.m. closing time, and were concerned that
with an investment estimated at $2 million, subsequent owners would
appeal to the Town to extend the hours. Mr. Keller, a former partner of Mr.
Pavicich, assured us that the 11:00 p.m. curfew that had existed for the
previous restaurant would be adequate (Sunday -Thursday), and that if we
would agree to extend the hours on Friday and Saturday evenings to
midnight, the business would be successful.
On the basis of this discussion and an agreement on a list of specific
conditions, I and the other affected residents agreed to go along with
extended weekend hours. Two of the primary conditions were that the
Brewery be cleared and glassware picked -up by 11:00 p.m. Sunday through
Mr. Dave Knapp
DOWNTOWN ALCOHOLIC
BEVERAGE POLICY
Page 5
Thursday, and by 12:00 midnight on Friday and Saturday; and that Brewery
provide security in the parking lot Thursday through Saturday evenings.
There was much discussion on both of these conditions, and they were quite
specific. It has been my observation that after the first few months of
operation, the owner has ignored both of these conditions. The question
being, under this policy, what constitutes "a responsible restaurant owner"?
Can one be a responsible owner without being a responsible neighbor?
3. Swift and Effective Action by the Town - In fact, there will be no active
enforcement. Staff will react to police calls and complaints; however,
without any explicit standards, this policy is largely unenforceable. If I
complain that the yahoos are behind my house in the municipal parking
lot raising hell, I expect the response from any of the bar/restaurants will
be -- How do you know those are my customers? Surely they are not mine.
Mine are the quiet, well-behaved drunks. Unless it is an isolated
establishment in the neighborhood, it will be impossible to hold any
particular establishment responsible once the patron has left the premises.
The only effective way to limit the well-oiled, late -night crowds is to limit
the expansion of operating hours of full bars.
Another inequity endemic in this policy is that it places all of the
responsibility on the resident. Staff is over -worked, Council reports come
out at the end of the week for the following Monday, and notices after an
initial hearing are non-existent. If a resident is persistent in opposing a
new project and negotiates a set of conditions that he believes are a
compromise, how long will these conditions stay in place? Will they be
ignored? Does the Town see the interests of the resident as legitimate? I
and other residents have requested the Town Council to include the
residents along with the CBD businesses on policies that impact us. The
fact that only bar/restaurant owners were consulted in the development of
the staff report does not fill me with confidence that enforcement of the
policy as presented in the staff report will be either swift or effective.
In closing, I believe that those of us who want to live adjacent to the CBD
are willing to pay a price. There will be late night disruptions, and some,
although hopefully limited, damage to property from time -to -time. I can
live with this. What I can't tolerate is a situation where you spend the time
and effort to negotiate an agreement that will accommodate a new
bar/restaurant. The terms of the agreement aren't strictly honored, but the
situation is tolerable. Because I do not care to be constantly complaining, I
Mr. Dave Knapp
DOWNTOWN ALCOHOLIC
BEVERAGE POLICY
Page 6
do not report routine disturbances. Consequently, the bar/restaurant
owner is now seeking to extend the hours of operation and make the
situation intolerable. The problem is that the Town wants to accommodate
expansion of bar/restaurants without clear standards, without a definition
of what distinguishes a bar and a restaurant, without a method for
enforcement, and with no reasonable way to place "the genie back in the
bottle' I feel strongly that until the staff proposal addresses the need and
incorporates some specific procedures to balance both the interests of
bar/restaurant owners and the adjacent residents, the curfew should not be
lifted.
Thank you. I look forward to our discussions.
Sincerely,
Dan McFadden
123 University Avenue
Los Gatos CA 95030
cc: Town Council
RESOLUTION 1994-29
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REGULATING THE SALE OF ALCOHOLIC BEVERAGES
WHEREAS, the sale 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;
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant
and successful downtown.
THEREFORE, BE IT RESOLVED: the Town Council of the Town of Los Gatos
does hereby adopt the Alcoholic Beverage Policy as shown on Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
22nd day of February, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: Joanne Benjamin
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
mb09\RESO\alcohol.pol
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, hoilidays 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.
EXHIBIT A
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.
n:\dev\kirk\alc.pol
RESOLUTION 1994-29
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REGULATING THE SALE OF ALCOHOLIC BEVERAGES
WHEREAS, the sale 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;
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant
and successful downtown.
THEREFORE, BE IT RESOLVED: the Town Council of the Town of Los Gatos
does hereby adopt the Alcoholic Beverage Policy as shown on Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
22nd day of February, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: Joanne Benjamin
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
m b09\RESO\alcohol.pol
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, hoilidays 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.
EXH1BIT A
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.
n:\dev\kirk\alc.pol
RESOLUTION 1994-29
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REGULATING THE SALE OF ALCOHOLIC BEVERAGES
WHEREAS, the sale 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;
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant
and successful downtown.
THEREFORE, BE IT RESOLVED: the Town Council of the Town of Los Gatos
does hereby adopt the Alcoholic Beverage Policy as shown on Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
22nd day of February, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: Joanne Benjamin
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A'1'1'EST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
mb09\RESO\alcohol. pol
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, hoilidays 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.
EXHIBIT A
4011
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.
n:\dev\kirk\alc.pol
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REGULATING THE SALE OF ALCOHOLIC BEVERAGES
WHEREAS, the sale 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;
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant
and successful downtown.
THEREFORE, BE IT RESOLVED: the Town Council of the Town of Los Gatos
does hereby adopt the Alcoholic Beverage Policy as shown on Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
day of , 1994, by the following vote:
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
mb09\RESO\alcohol.pol
ATTACHMENT
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTION
AGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
BY
LIST IN BOOK die' i`/i / �-
-1111/
ON DISC? MARIAN'S FORM SENT TO DEPT.
6
r,
4
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
. l%
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
/-2) /1
r;
(I i
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 !
clk:d8:\other\ordres2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
PLANNING
2/22/94
12
ALCOHOLIC BEVERAGE POLICY
RESOLUTION ORDINANCE
1994- Number:
Date of Adopt: 2/22/94
COUNCIL ACTION:
AYES:gChg-4-61--)
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
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
February 22, 1994
Los Gatos, California
HEARINGS
ALCOHOLIC BEVERAGE POLICY/TOWNWIDE/RESOLUTION 1994-29/HEARING (12.43)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution modifying the downtown alcoholic beverage policy and expanding policy
Town -wide.
The following people from the audience spoke to this issue:
Dan McFadden, 123 University Ave., spoke of balance of interests and was satisfied with the
revised policy and compromises that had been made.
Barbara Spector, 121 Edelen Ave., was not in favor of the change in policy. She spoke of the
current balance that is found in her neighborhood and the fear that any changes in policy would
cause additional impact to her residential area.
Scott Broomfield, 115 University, supported the change in the Town wide alcohol policy but
stated that he would not appreciate seeing changes in that policy as time goes by.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-29
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REGULATING THE SALE OF
ALCOHOLIC BEVERAGES, which modifies the Alcoholic Beverage Policy. Carried by a vote
of four ayes. Mrs. Benjamin voted no stating that entertainment and the increased hours will
generated calls from the residential neighborhoods impacted by the increased activity.
Council consensus to direct staff to initiate a Town Code amendment establishing an
administrative procedure to enforce conditions relating to the Alcoholic Beverage Policy and
making the provisions of the Alcoholic Beverage Policy retroactive. Mr. Anderson noted that
the Town Manager's decision will be enforceable during the appeal period.
Mayor Attaway thanked the restaurant owners and citizens committee for their time and valuable
input into this process.
SANTA CRUZ AVE N 130-G/LOS GATOS BREWING COMPANY/OPERATING HOURS (13.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision to deny a request for permission to extend evening
hours of operation for an existing restaurant and bar on property in the C-2 zone. Conditional
Use Permit Application U-77-24E. Property located at 130-G North Santa Cruz Avenue.
Property Owner: Vargo Properties. Applicant/Appellant: Los Gatos Brewing Company.
The following people from the audience spoke to this issue:
John Hopkins, 136 Tait, attorney representing the Los Gatos Brewing Company, asked for the
requested extension of hours.
Ron Lykins, 119 University, approved of the committee's work and the policy amendments.
TC: D6: M M022294 4