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Item 13 Staff Report Adopt Resolution Regarding Modification to Town Policy Permitting the Sale of Beer and WIne with Meals in the C-2 Zone1) 03 Council Agenda Date: 5/21/90 Item: /3 TOWN OF LOS GATOS Council Agenda Report DATE: May 14, 1990 TO: MAYOR AND TOWN COUNCIL FROM: ROBERT F. BEYER, INTERIM TOWN MANAGE SUBJECT: ADOPT RESOLUTION REGARDING MODIFICATION TO TOWN POLICY PERMITTING THE SALE OF BEER AND WINE WITH MEALS IN THE C-2 ZONE. RECOMMENDATION: Adopt the attached resolution. DISCUSSION: The attached resolution incorporates the decision of the Town Council at its meeting on May 7, 1990 to permit the sale of beer and wine with meals in the C-2 zone. The resolution also incorporates the Town's continuing policy concerning the discouragement of sale of hard liquor with meals, for new bar establishments in conjunction with or separate from a restaurant use and for entertainment establishments which serve any type of alcoholic beverages. PREPARED BY: LEE E. BOWMAN Planning Director LEB:SLB:cher CHER\CNCLPPTS\5-21#8 Reviewed by: Attorney TOWN COUNCIL ACTION DIRECTED TO: ACTION OF COUNCIL: F RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES IN THE C-2 ZONE WHEREAS, it is the intention of the Town Council of the Town of Los Gatos to modify Town policy which currently prohibits the sale of beer and wine with meals in the C-2 zone. RESOLVED, that the Town Council of the Town of Los Gatos does hereby adopt the Policy Statement as shown on the attached Exhibit "A" as the policy of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this day of , 1990 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A 1"1'EST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CHER:CNCLRPTS\5-21 #S 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 he allowed for the restaurant. 4. The Conditional Use Permit shall he 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. RESOLUTION 1990-110 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES IN THE C-2 ZONE WHEREAS, it is the intention of the Town Council of the Town of Los Gatos to modify Town policy which currently prohibits the sale of beer and wine with meals in the C-2 zone. RESOLVED, that the Town Council of the Town of Los Gatos does hereby adopt the Policy Statement as shown on the attached Exhibit "A" as the policy of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 21st day of May, 1990 by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D. Carlson and Robert L. Hamilton NAYS: Thomas J. Ferrito and Brent N. Ventura ABSENT: None ABSTAIN: None SIGNED: /s/ Thomas J. Ferrito 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 CHER: CNCLRPTS\5-21 #8 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. ExHrT A May 21, 1990 Los Gatos, California YOUTH COMMISSIONERS CONT. Resolution 1990-103 entitled, RESOLUTION OF THE TOWN LOS GATOS COMMENDING KIRK NORDENSTROM. Resolution 1990-104 entitled, RESOLUTION OF THE TOWN LOS GATOS COMMENDING KRRSTEN SWAN. Resolution 1990-105 entitled, RESOLUTION OF THE TOWN LOS GATOS COMMENDING KIRSTEN FISH. Resolution 1990-106 entitled, RESOLUTION OF THE TOWN LOS GATOS COMMENDING ERIK WOLF. Resolution 1990-107 entitled, RESOLUTION OF THE TOWN LOS GATOS COMMENDING CAITLIN SCHECHTER. Resolution 1990-108 entitled, RESOLUTION OF THE TOWN LOS GATOS COMMENDING MARY GILLESPIE. Carried unanimously. COUNCIL COUNCIL COUNCIL COUNCIL COUNCIL COUNCIL OF THE TOWN OF OF THE TOWN OF OF THE TOWN OF OF THE TOWN OF OF THE TOWN OF OF THE TOWN OF HOUSING AND HOMELESS/BOND ACT/PROP 107/RESOLUTION 1990-109 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990-109 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SUPPORTING PROPOSITION 107. THE HOUSING AND HOMELESS BOND ACT OF 1990. Carried unanimously. ALCOHOLIC BEVERAGES FOR SERVICE WITH MEALS/RESOLUTION 1990-110 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990-110 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES IN THE C-2 ZONE. Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito voted no for reasons stated in previous record. HOTELS/MOTELS/MULTIPLE FAMILY DWELLING UNITS/ZONING ORDINANCE AMENDMENT/ORDINANCE 1821 Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Ordinance 1821 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO ALLOW NONCONFORMING HOTELS/MOTELS LOCATED IN RESIDENTIAL ZONES THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING UNITS PRIOR TO MARCH 22. 1986. which was introduced at the Town Council meeting on May 7, 1990. Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons previously stated. VERBAL COMMUNICATIONS Mardi Bennett, 38 Alpine, submitted letter to Council with information regarding the bed and breakfast issue in residential areas, the suggestion being that this additional business in the community would generate needed revenues. Mrs. Bennett requested this issue be referred to the Planning Commission for further consideration. TC:D1:MM052190 3