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Item 7 Staff Report Accept Report in Response to Letter from Susan Tuttle Regarding Sale of Alcoholic BeveragesCOUNCIL AGENDA DATE: 4/19/93 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: April 12, 1993 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGE SUBJECT: ACCEPT REPORT IN RESPONSE TO LETTER FROM SUSAN TUTTLE REGARDING SALE OF ALCOHOLIC BEVERAGES RECOMMENDATION: Accept staff report. DISCUSSION: The Council received a letter on March 12, 1993 requesting that a moratorium be placed on the issuance of liquor licenses in Los Gatos. During the last 15 years the Town has had strict controls on liquor licenses. In fact, from approximately 1984 to 1990, the Council had in effect a policy prohibiting the issuance of new liquor licenses for on -site consumption. In response to many community concerns, the Council in 1990 lifted the ban and allowed the sale of beer and wine to be served only with meals in restaurants. Attached is the Town's current Alcoholic Beverage Policy. The policy prohibits any new bars, either stand alone bars or bars in restaurants in the Downtown area. It also prohibits new general liquor licenses to be issued for on -site consumption in the Downtown. In 1991, the Commercial Plan Committee recommended that general alcohol licenses be allowed with full service restaurants. However, the Council has yet to address that issue. The viability of quality restaurants is essential to the economic success of the Town's central business district. The Council has adopted a policy that significantly restricts the sale of alcohol beverages in Los Gatos while ensuring that the quality restaurants in Town provide full service and remain competitive. FISCAL IMPACT: If a moratorium were put into effect, the success of local restaurants may be adversely affected having a direct result on the success of the Downtown and revenue for the Town to maintain services. PREPARED BY: LEE E. BOWMAN t1 PLANNING DIRECTOR LEB: KH:Ikj 4/12/93 10:54 am L35\cnclrpts\tuttle File d ATTACHMENT: 1. Letter from Susan Tuttle received March 12, 1993. 2. Alcoholic Beverage Policy DISTRIBUTION: Susan Tuttle, 184 College Avenue, Los Gatos, CA 95032 Reviewed by: .�� Attorney Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: WR1 2 1a9C3 I OFFIICE OF TOWLOSN CLERK March 12, 1993 Mayor Joanne Benjamin Town of Los Gatos 110 E. Main Street Los Gatos, Ca 95032 Dear Joanne, I am writing as a representative of a group of people who would very much like to have the Town Council consider putting a moratorium on liquor licenses issued in the Town of Los Gatos, and would like to have this issue put on the agenda for an upcoming Town Council meeting. As you know, Los Gatos used to be known as "Whisky Gulch", a nickname we hope will not apply in the future. In our efforts to change attitudes about drugs and alcohol in our community, with a brewery in our town and with all the many other ABC licenses granted, we feel we have enough alcohol -related businesses. We actually have more per capita than many surrounding communities. I have read with interest the news articles as to whether or not the town should allow alcohol to be served on the patio at the Thai restaurant, and commend the vote to keep the alcohol inside the building. We would like the opportunity to discuss these guidelines at a public forum, so if someone could notify me of when this might happen, or what I need to do to continue the process, I would appreciate it very much. Just in case this happens very, very quickly, I need to let you know that any date before March 29th will be impossible for me. Thanks so much for your consideration. Sincerely, Susan Tuttle 184 College Avenue Los Gatos, CA 95032 395-3620 CC: Randy Attaway Steve Blanton Linda Lubeck Patrick O'Laughlin POLICY CONCERNING THE SALE OF ALCOHOLIC BEVERAGES IN DOWNTOWN LOS GATOS The deciding body may approve a Conditional Use Permit for a restaurant, including the sale of beer and wine with meals, in downtown, based on the merits of the project if the following minimum requirements are met: 1. Beer and wine may only be served with meals on the premises. 2. Maximum hours of operation shall be from 11 A.M. to 11 P.M. seven days a week. 3. No entertainment uses shall be allowed for the restaurant. 4. The Conditional Use Permit shall be subject to annual review by the Town Police Department. If it is determined that the sale of alcohol is a nuisance, the permit shall be subject to reevaluation by the Planning Commission. The Town shall continue to discourage applications for the sale of hard liquor with meals and for new bar establishments in conjunction with or separate from a restaurant use. In addition, the Town shall discourage applications for entertainment establishments which serve any type of alcoholic beverages. The aforementioned policy statement is not to be construed to be a right of development. The Town specifically retains the right of review and approval (or denial) of each project based on its merits. L35\cnclrpts\abc April 19, 1993 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/APRIL 1993 (03.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $367,692.88 paid on April 2 and 9, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. CODE COMPLIANCE/QUARTERLY REPORT (04.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. CLAIM REJECTION/ANA MARIE MARTINEZ (05.01) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council reject the claim of Ana Marie Martinez filed March 12, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. 9212 PROJECT/WINCHESTER RETAINING WALL/COMPLETION NOTICE (06A.35) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council authorize the Manager to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9212 - Winchester Boulevard Retaining Wall. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. 9213 PROJECT/REFORESTATION/DOWNTOWN/PHASE II/COMPLETION (06B.35) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Certificate of Acceptance and Notice of Completion for Project 9313 (Downtown Reforestation - Phase II), and authorize the Town Manager to execute, and the Town Clerk to record. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. ALCOHOLIC BEVERAGES/LETTER OF RESPONSE (07.42) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council accept staff report in response to letter form Susan Tuttle regarding sale of alcoholic beverages. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. QUARRY HILLS/GENERAL PLAN AMENDMENT/BOARD OF SUPERVISORS (08.47) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council authorize the Mayor to send a letter to the County Board of Supervisors opposing the Quarry Hills General Plan Amendment. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SALES TAX REVENUE/ASSEMBLY BILL 1313/LETTER TO LEGISLATORS (10.05) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council authorize the Mayor to send a letter to Assemblyman Quackenbush, Senator Morgan, Assemblyman Vasconcellos and Assemblyman Brown opposing Adoption of AB 1313. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC: D5: MM041993 2