2001-106-Amending The Town's Alcoholic Beverage PolicyRESOLUTION 2001 -106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
WHEREAS, the sale of alcoholic beverages, if not regulated, can j eopardize public safety,
result in an increase of calls for police services and eomprornise the quality of life for Town
residents; and
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 and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic 'beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy,
THEREFORE BE IT RESOLVED: the Town Council of the TOWN'OF LOS GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
PASSED .AND ADOPTED at a regular meeting of the Town Council held on the 1 Zt" day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynslc.
NAYS: None
ABSENT: None
ABSTAIN: None /~
SIGNED: ~/
AYOR HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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CLERK OF'TI~E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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 disturbances 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 proximityto 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 arise 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
The Town shall continue to strongly 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
alcoholicbeveragespast the hours stated above may continue to operate under their existing
hours of operation.
Exhibit A
.Town of Los Gatos
.Alcoholic Beverage Policy
Page 2 0, f' 4
5. 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 Californian
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.
6. The deciding body shall makethe following findingsprior to approving an application
for conditional use permit to .serve alcoholic beverages past l OPM:
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.
7. A meal is defined as a combination of food .items selected from a menu (breakfast,
lunch or dinner). Appetizers .such as popcorn,. nachos,_pretzels, potato skins,. relish
trays, etc. (hot or cold) are not meals.
8. 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.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
.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. Review Process
Proposals for new bars or restaurants with bars and .all requests for new alcohol
service or a change to existing service shall be reviewed by the Planning Commission.
The Commission willmake a recommendationto the Town Council and the Council
shall have final review authority.
2. Changes in ownershipfor businesses.involving service of alcoholic beverages shall be
reviewed by the~Community Development Department. The following process will.
be followed:
a. The Director of Community Development shall contact the .new business
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b. One year following issuance of a business license, surrounding/irnpacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
c. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
use .permit.
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.Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d. If there .are violations of the use permit that have not 'been voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing .pursuant to Section 29.2D.310 of the Zoning
Ordinance.
e, Pursuant to Section 29:20.315 of the .Zoning Ordinance the Planning
Commission :may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All. conditional use permits issued to establishments for alcoholic beverage service on-site
shall be subject to Section 29.30.3 I0(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale ofalcohol has become a nuisance
to the Town's public .health, safety or welfare. Enforcement of section 29.20,3 I0(b) of the
Town Code will be based on, but not limited to, the :following factors:
I. The number and types of calls for. service at or near the establishment ronhiclz that are
a direct result of patrons actions;
lT, The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
IIT. The number of arrests for alcohol, .drug, disturbing the .peace, .fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V. Violation of conditions of approval related to alcoholic beverage service.
The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains
the right of review .and approval {or denial) of each project based on its merits.
N:~DEV~SUZANNE\Counci141lcohol Policy~2001elcohol poflcy.wpd