1 - Alcohol Entertainment PolicyMEETING DATE: 08/22/11
JOINT STUDY SESSION
ITEM NO: 1
COUNCIL AGENDA REPORT
DATE: August 18, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: INFORMATION REPORT — TOWN COUNCIL/PLANNING COMMISSION
JOINT STUDY SESSION ON POTENTIALAMEMDENTS TO THE TOWN'S
POLICY REGULATING THE SERVICE OF ALCHOLIC BEVERAGES AND
NEW POLICY OR ORDINANCE ADOPTING STANDARDS AND PERMIT
PROCESS FOR ENTERTAINMENT
RECOMMENDATION:
Discuss the existing Policy Regulating the Service of Alcoholic Beverages and direct Town staff to
make changes to the policy and to draft a new policy or ordinance for regulating establishments
providing entertainment particularly in conjunction with late night hours and or alcohol service, and
those that do not serve alcohol.
PURPOSE:
The purpose of the joint study session is to provide the decision makers with an analysis of the issues
and to obtain direction in amending the existing Alcoholic Beverage Policy (ABP) and developing a
new Entertainment Policy or Ordinance. The new Entertainment Policy or Ordinance is intended to
regulate establishments providing entertainment with alcohol service and/or late night hours, as well
as to provide a process to regulate entertainment in establishments without alcohol such as coffee
houses and ice cream parlours that could potentially cause noise or traffic impacts.
BACKGROUND:
In September 2001, Town Council approved Resolution 2001-106 (Attachment 1) amending the
Town's Alcoholic Beverage Policy. The ABP specifies that:
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: 'Q5..s Assistant Town Manager Town Attorney Finance
Reformatted: 5/30/02
Revised: 5/20/2011 11:44 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
1. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
2. Entertainment in association with an eating or drinking establishment may be allowed if
standards and a permit process are adopted.
Since the adoption of the Resolution 2001-106, and until recently, the Town has continued to
discourage entertainment uses. The Town has neither developed standards nor a permit process to
allow new entertainment uses. Businesses that currently operate with entertainment uses were either
approved prior to the adoption of the entertainment restrictions set forth in the Alcohol Beverage
Policy or were recently approved with the intent that an Entertainment Policy was being drafted and
that these newer entertainment venues would be required to comply with the forthcoming
entertainment permit regulations.
Based on research, staff believes that it is important to the vitality of the Town's commercial areas to
allow a managed nightlife with its social and economic benefits, while controlling public and
neighbourhood disturbances and limiting the need for police services. Please see Attachment 11, an
ICMA Press article entitled "Got Nightlife." Within the community, the majority of establishments
that provide entertainment, along with alcohol, operate appropriately; however, these types of
operations have the potential to present special problems that include: excessive alcohol
consumption, noise, boisterous conduct, assault, littering, loitering, overcrowding, and illegal
parking, when not appropriately managed by the owners or operators, or regulated by the Town.
The Town has typically considered anything beyond pre-recorded music to be entertainment,
including a live DJ, dancing, live musical performances, and live vocal performances. Attachment 2
provides a list of all existing businesses within the Central Business District with approvals for
entertainment in conjunction with alcoholic beverage service.
The intent of an Entertainment Permit process is to provide additional legislative flexibility to review
permits on a regular basis and to modify, suspend, or revoke Entertainment Permits when
establishments operate in a manner that threatens the health, safety, or welfare of the community
(such as when a restaurant begins to change the ambient character of the business and operate more
like a bar or night club, providing less dining service and more alcohol focus, attracting larger
crowds, and providing amplified music). As recommended, the Entertainment Permit would be a
separate process from the Conditional Use Permit (CUP) that is required for venues that serve
alcohol. By separating the processes, the entertainment use would be unique to the operator and not
a vested land use right that "runs with the land" and can only be revoked upon specified findings
made by the Town Council or Planning Commission. Staff is recommending a process whereby
Entertainment Permits in conjunction with, Operational Agreements, and Operator Licenses would
be issued to the business owners and managers, and would not be a vested land use entitlement.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
In formulating the following recommendations, staff surveyed nine jurisdictions with active
commercial areas (Attachment 4). The survey contains a summary of substantive policy topics
relative to entertainment use, including:
6 Limitation on hours of operations/soft closing standards
• Entertainment definition
• Conditions
• Provisions/conditions for outdoor seating
• Conditions on location of alcohol service within the establishment
® Conditions for the limitation of size, number of seats, and occupancy
® Provisions for limitation of concentration of establishments
m Requirements for security and management plans
• Provisions for regulatory intervention process
• Provisions for cost recovery of public safety services
• Provisions for regulating established businesses
® Submittal requirements
® Approval process
• Findings
® Permit timelines
® Noise provisions
• Transfer of business operations
Please note that the last column of the survey contains staffs recommendation on each of the policy
areas.
Issues:
Planning staff worked closely with the Police Department and the Economic Vitality Manager in
reviewing the positive aspects as well as the challenges associated with entertainment and/or alcohol
establishments and identified the following issues which the Town Council and Planning
Commission should carefully consider. Staff recommendations regarding the following items are
contained in the attachments referenced or included in the following "Discussions" Section.
1. How should entertainment be defined?
2. How should wine bars and tasting rooms be defined and differentiated from traditional bars?
3. What amendments should be made to the current Alcoholic Beverage Policy?
4. What policies, standards, and processes should be included in the new entertainment policy or
ordinance?
5. How should public safety costs be recovered?
6. What changes should be made to the existing outdoor seating policy for consistency with the
Alcoholic Beverage Policy?
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MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
7. How would the new policies apply to existing establishments?
8. Should the Town prepare an ordinance or policy implementing the Entertainment Permit
process?
DISCUSSION:
1. How should entertainment be defined (Refer to Attachment 8)?
Based on the survey, internal discussions and consultations with other jurisdictions, staff is
suggesting:
Entertainment:
Entertainment is defined as any act, play, show, dance, song, instrumental music or the
production or provision of sights or sounds, including music provided by a disc jockey (DJ)
designed to entertain members of the public, or participated in by members of the public,
guests, customers, employees or any other persons. Pre-recorded music, video jockeys
(VJs) shows, and television broadcasts would not be considered entertainment for the
purposes of requiring an entertainment permit.
Staff is recommending excluding Video Jockeys (VJ's); television broadcasts, including concerts;
and pre-recorded (non DJ) music from the entertainment permit process since this type of
entertainment does not ordinarily have the potential to excite the audience, generally does not
have similar potential noise impacts as live music or DJs, and can be terminated quickly.
2. How should wine bars and tasting rooms be defined and differentiated from traditional bars?
Staff is recommending the following definitions for Wine Bar and Tasting Rooms (Refer to
Attachment 8).
Tasting Room:
A tasting room is defined as an establishment that allows customers to taste samples of
wine, limited to a one -ounce pour per serving, and has a Type 02 Liquor License issued by
the California Department of Alcoholic Beverage Control. There is not an established limit
on the number of servings. A tasting room may sell wine, beer, and related gift items but
does not provide food service, other than palate cleansers such as crackers, cheese or fruit.
Establishments that are classified by the State Department Alcoholic Beverage Control as
bars, nightclubs, taverns or restaurants are not included in this definition.
A Type 02 License is issued to wineries and allows tasting rooms. Type 02 is for off -sale but allows
samples; however, most tasting rooms intend to operate with Type 42 which does not allow minors
on the premises. A Type 42 License (On Sale Beer and Wine — Public Premises) authorizes the sale
of beer or wine for consumption on or off the premise where sold. No distilled spirits maybe on the
premises, minors are not allowed to enter or remain, and food service is not required. See
Attachment 12 for the definition of the California Department of Alcoholic Beverage Control
Licenses.
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MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
It is important to note that there is a new trend in distilled spirits tastings, which would be considered
a bar use under both the Town's criteria and the California Department of Alcoholic Beverage
Control Board licensing criteria.
Wine Bar:
A wine bar is defined as an establishment that serves only wine by the bottle or by the glass
and generally has a Type 42 Liquor license issued by the California Department of
Alcoholic Beverage Control. Wine bars may also offer a selection of beers and non-
alcoholic beverages. A wine bar may sell related gift items and shall have food service
available during all hours of operation, but is not required to serve meals (as defined by the
Policy Regulating the Consumption and Service of Alcoholic Beverages). Food service
would meet the definition of small plates or meal service as defined in the Alcoholic
Beverage Policy.
This definition would result in a shift in Town policy regarding mandatory food service with
alcohol service. While this definition would require the business to provide food during all hours
of operation, it would not mandate that each patron who is served wine also have a meal service.
3. What amendments should be made to the current Alcoholic Beverage Policy?
The principal changes include reference to the Entertainment Permit process; requirement for an
operational agreement; allowance for small plate service; elimination of the Community Benefit
analysis; processes changes; and new definitions relative to types of establishments, food service,
etc. Please refer to Attachment 3 for the staff recommended changes to the policy.
4. What policies, standards, and processes should be included in the new Entertainment Policy or
Ordinance?
Please refer to Attachments 9 and 10 for the recently adopted Newport Beach ordinance
regulating entertainment establishments and the Municipal Code Sections that implement the
ordinance and the staffreconunendation on the survey of other jurisdiction's policies, standards,
and processes.
5. How should public safety costs be recovered?
As discussed in the following section, staff is recommending full cost recovery (time and
materials) for the permitting process and any follow-up police investigations for validated
noncompliance with permit terms. This, however, does not address the ongoing public safety
costs that can be incurred with these types of uses. Of the nine jurisdictions surveyed, none
collected fees for the ongoing public safety cost. The only fees collected were for the permitting
process. While staff believes that ongoing costs can be partially mitigated through the individual
businesses' security and operational management plan that would be required with the
Operational Agreement, public safety staff recognizes that there are additional incremental costs
of providing services with these types of uses.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
6. What changes should be made to the existing outdoor seating policy within the Alcoholic
Beverage Policy?
Please refer to Attachment 3 for suggested changes and Attachment 8 for suggested draft
definitions.
7. How would the new policies apply to existing establishments?
Please see the recommendations in the following Section.
8. Should the Town prepare an ordinance or policy implementing the Entertainment Permit
process?
As the Town Council is aware, the Alcoholic Beverage regulations are in the form of a policy.
The key advantage to implementing the program through a policy is that it can be quickly
modified as needed. Conversely, while an ordinance generally results in codifying the program,
it requires more administrative processes to make any modifications. Consequently, staff would
recommend that the Entertainment Peiniit requirements through a policy that is adopted by
resolution.
Suggested Entertainment Permit Process
Staff recommends that the ABP be separated from the Entertainment Policy or Ordinance because
some businesses such as coffee houses or ice cream parlors may have entertainment and not serve
alcohol, and consequently, staff does not believe that these uses should be impacted by the ABP
process. Additionally staff recommends leaving the majority of the Alcoholic Beverages Policy
intact with only minor revisions. The recommended revisions include: deleting the community
benefit criteria due to the difficulty in making the finding that new or expanded alcohol -serving
businesses provides a benefit to the community; providing clarifying language pertaining to outdoor
seating and meal service; providing specific policy for wine bars and tasting rooms; and providing
reference to the new Entertainment Policy or Ordinance.
Following the review of the nine jurisdictions in the survey, discussion with internal staff, and
consultation with other agency staff, staff recommends the utilization of a three tiered regulatory
approach when an expanded or new establishment requests to provide entertainment in conjunction
with alcohol service or have late night hours for alcohol service. The tiered approach contains the
following components: (1) Entertainment Permit, (2) Operational Agreement,. and (3) Operator's
License.
Entertainment Permit and Operator's License
Businesses that serve alcohol and are requesting entertainment or businesses that are proposing late
night alcohol service without entertainment would be required to first apply to the Police Department
for an Operator's License (issued to the owners and key management staff) and Entertainment
PAGE 7
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
Permit. The application process would run concurrently with the CUP process for the new or
amended application. Applicants would submit an application to the Police Department that outlines
the request; business plan (relative to the entertainment or late night alcohol service); the type of
entertainment (live bans, DJ, etc.); number of events; the owner/manager information; etc. The
Police Department would have the discretion to perform a background check on the owners, silent
partners, and the management staff to determine if the individuals had any prior law enforcement -
related issues with this type of use. The Cities of Mountain View, Burlingame, San Jose, Palo Alto,
Campbell, and Newport Beach use a similar background check process, and according to the survey,
the average processing time for these cities is two to three weeks. As the cost of conducting the
background check would vary, the Police Department would base the fee on actual cost to provide
the service and establish a reasonable timeframe in which to review and recommend approval or
denial of the Entertainment Permit and Operator's License to the Town Council. The
recommendation would include specific conditions on the operation, including hours, limits on the
time for particular activities (e.g. permitted hours for live entertainment or dancing); physical
improvements to the site (e.g. signage, sound attenuation, etc.); and security provisions ( security
plans and personnel, crowd management, noise management, etc.). The recommendation to approve,
approve with modifications or deny an Entertainment Permit would be made to the Town Council
during its consideration of the CUP for the alcohol use.
As noted previously, exceptions to this process would be in cases when an establishment proposes
entertainment without alcohol service, such as a coffee house or ice cream shop, in which case the
Community Development Director would issue an Entertainment Permit (not in conjunction with
alcohol service).
In addition to separating the Entertainment Permit from vested CUPs, the bifurcated process also
provides the Police Department with immediate and effective enforcement tools for addressing
potentially severe violations and leverage for addressing more minor compliance issues. If an
establishment were under investigation for any noncompliance with the Operator's License or
Entertainment Permit, the Police Chief would have discretion to allow the non -entertainment
component of the business to continue operating while the investigation was occurring, and in severe
cases, the Police Chief would be able to temporarily suspend an Entertainment Permit. The Police
Department would assess a fee for the investigation based on a cost recovery model. The fee would
be applied if the Police Department determined that there was a valid violation as opposed to an
alleged complaint. The Entertainment Permit would not affect the vested land use right of the
establishment, and businesses could operate without the entertainment use.
Operational Agreement
An Operation Agreement between the Town and the business would outline a security management
plan, business operational conditions relative to the entertainment and/or alcohol service. Similar to
the Entertainment Permit, the Operational Agreement would be unique to the business and separate
from the CUP. If a business ultimately obtained a CUP approval of the application, the Police
PAGE 8
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
Department would then issue the Entertainment Permit and Operator's License. Following approval
of the CUP, the Police Department, Town Attorney and Community Development Department
would be responsible for preparing the Operational Agreement.
The Entertainment Permit, Operational Agreement, and Operator's License would be subject to
review at any time based on non-compliance with any provisions of the permit, agreement, or license
including but not limited to a reported incident involving a call for police service. Upon finding
cause, the Police Department could modify, suspend, or revoke the permit, agreement or license.
Permits, agreements, and licenses would not be transferable and could be appealed to the Town
Council.
In January 2011, the City of Newport Beach adopted a similar ordinance entitled "Regulating
Establishments that Offer Alcoholic Beverages for On -Site Consumption in Combination with Late
Hours, Entertainment, or Dancing to Obtain an Operator License" (See Attachments 9 and 10 for the
ordinance and implementing Municipal Code Sections). This ordinance, used in conjunction with
other Newport Beach municipal code regulations, addresses similar issues to those of the Town.
After review of the ordinance and discussions with Newport Beach Planning staff, Town staff
believes that this ordinance provides a reasonable approach that not only addresses community
concerns but also streamlines the regulatory process for new and expanding businesses.
Consequently, staff recommends using the ordinance and regulations as a template for the
forthcoming Entertainment Permit and Operator's License process.
Staff proposes that the new Entertainment Ordinance be applied to existing businesses when an
amendment of the existing CUP is made, upon issuance of a building permit for a modification that
changes the occupancy of the business, or upon resolution of a code violation. Additional criteria
could be made to incentivize establishments to voluntarily obtain permits and licenses, or an
amortization process could be utilized to ultimately bring all existing businesses into compliance
with the new Entertainment Policy or Ordinance. Finally, there are a number of existing business,
such as Los Gatos Bar and Grill, Gardino's, Enoteca La Storia, etc., that were recently approved with
a condition that required compliance with the Entertainment Permit process or ABP revisions once
they were established. The revised and new regulations would be required of these existing
businesses.
Staff would further recommend utilizing the operational agreement and operator's license process for
more unique uses, such as the current trend of movie theaters that are serving food and alcohol. A
quick review of those that have been recently approved or are pending approval in California, such as
Cinepolis Luxury Cinemas, are aged restricted to meet ABC requirements.
In regards to integrated developments that encompass a variety of restaurant and entertainment uses
in a shopping center environment with on -site security, similar to what may be envisioned in the
North 40 development, staff would recommend a similar process as describe above, but would also
PAGE 10
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICIES
August 17, 2011
ATTACHMENTS:
1. Resolution 2001-106
2. Alcoholic Beverage Service and Entertairnnent Uses in the Central Business District
3. Policy Regulating the Consumption of Alcoholic Beverages adopted in 2001 with staff
comments on areas recommended for change.
4. Survey of Alcoholic Beverage Consumption and Entertainment Policies/Ordinances
5. Standards for Outdoor Restaurant Seating adopted in 1994
6. Zoning regulations Section 29.20.318 Modification of Operating Hours of Establishments
Serving Alcoholic Beverages.
7. Los Gatos Ordinance 2021 Amending Chapter 29
8. Suggested Draft Definitions
9. Newport Beach Ordinance 2011-2
10. Newport Beach Municipal Code Sections 5.25, 5.28, 5.3220.48.090, 20.48.030
11. "Got Nightlife Article," ICMA press, PM Magazine November 2010
12. Definition of ABC Licenses
DISTRIBUTION:
Planning Commission
Scott Seaman, Police Chief
Jessica Von Borek, Economic Vitality Manager
WRR: et
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RESOLUTION 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 jeopardize public safety,
result in an increase of calls for police services and compromise 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.
Attachment 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day
of September, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven. Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS! CALIFORNIA
2
YORZSI -THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
POLICY REGULATING lin 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 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 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
1. 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
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 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 make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past lOPM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
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
M. 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
1. 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 will make a recommendation to the Town Council and the Council
shall have final review authority.
2. Changes in ownership for businesses involving service of alcoholic beverages shall be
reviewed by the'Cornmunity 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/impacted
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.
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 29.20.310 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 29.30.310(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:
I. The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions;
II. The number of complaints received from residents ad other citizens concerning the
operation of an establishment;
III,. 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.
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44
POLICY REGULATING THE CONS T MP ION A-.Tn ESTABLISHMENTS THAT SERVE
SER,ZGE OF ALCOHOLIC BEVERAGES
Revisions Date: 8/18/2011
I Purpose
The consumption or service of alcoholic beverages in commercial establishments, 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 the
service of alcoholic beverages -service in commercial establishments, particularly addressing
late night service when alcohol related incidents are most likely to occur and when the
disturbances to Town resident is are least tolerable acceptable.
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 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
1. The Town shall continue to strongly discourage new applications for stand alone
standalone bars or restaurants with separate bars.
2° ntcrtainment establishments
serving alcoholic beverages.
Entertainment in association with an eating or drinking establishment and drinking
establishments with late night alcohol service may -shall be allowed if subject to the
standards and a --permit process are adoptedidentified in the Policy Regulating
Entertainment and Late Night Alcohol Service Establishments.
4:3. Alcoholic beverage service for new conditional use permit applications or
applications for modifications of a conditional use permit shall strongly be
discouraged 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.
Attachment 3
Town of Los Gatos
Alcoholic Beverage Policy
2
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
5 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 occur
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 or Department of Alcoholic Beverage Control.
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.F. An: Operational Agreement (At the discretion of the Director of Community
Development and/or the Police Chief).
6 5. The deciding body shall make the following findings prior to approving an
application fora 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, e„e ft to the eemn-m
6. A meal is defined as a combination of food items selected from a menu (breakfast,
lunch or dinner) and can include. Appetizers such as popcorn, nachos, pretzels,
potato skins, relish trays, etc. (hot or cold) arc not m -ds.appetizers known as "small
plates" if approved by the deciding body. "Small plates" may be known as
charcuterie. tapas. bocas. dim sum. antipasti. meats and cheese. or mezze.
Town of Los Gatos
Alcoholic Beverage Policy
3
Alcoholic beverage service in approved outdoor seating areas may be permitted if
served in conjunction with a meal and adequate separation from public areas is
provided as determined by the Te-wn Managerreviewina authority or decidina body.
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 areas including approved
outdoor seating. areas only -in conjunction withto patrons receiving meal service. or in
separate bar areas, as a beverage before a meal, or when waiting for a party to arrive
for a meal or when waitina for a table. unless otherwise approved by the deciding
body. Meal or small plate appetizer service shall be available until alcohol service
ceases or until closing, or 11 PM Sunday through Thursday and until 12 midnight
n l-able. Specific hours of operation for each establishment are
determined upon issuance of a conditional use permit. Restaurants with separate bars
shall meet the Purpose and General Policy of this Alcoholic Beverage Policy.
3. Wine Bar
Alcoholic beveraae service may be permitted in a location other than dinina areas as
determined by the deciding. body. A wine bar shall. at a minimum, serve small plates.
Food service shall be available until closing.. Specific hours of operation for each
establishment are determined in the operational aareement that is required pursuant
to conditional use permit. Wine bars shall meet the Purpose and General Policy of
this Alcoholic Beverage Policv
4. Tasting Room
Alcoholic beveraae service in the form of samples. as permitted by the ABC. -may
be allowed in a location as determined by the deciding body. Meal or food service
shall not be required. Specific hours of operation for each establishment are
determined in either the operational aareement, if relevant, or the
conditional use permit. Tastina rooms shall meet the Purpose and General Policy of
this Alcoholic Beverage Policy
Town of Los Gatos
Alcoholic Beverage Policy
4
IV. Review Process
1. Proposals for new bars e —restaurants with bars. or entertainment establislunents
with alcohol service or alcohol service in conjunction with late night hours and all
requests for new alcohol service or a change to existing service shall be reviewed by
the Planning Commission. The Commission will make a recommendation to the
Town Council and the Council shall have final review authority.
2. Changes in ownership or operations management for 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 Department shall contact the new
business owner to make them aware of the conditions of approval attached to the
use permit for the location.
B. Onc year following issuance of a business license, suireunding/impacted
preperty-ewners shall-be-i eti-fled and any comments rega, 'ing-the-epciatien-of
tire -business shall be solicited.
GB. If the Director of Community Development Department -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 conditional use permit.
D7C. If there are violations of the conditional use permit that have not been
voluntarily corrected by the business owner the matter will be forwarded to the
Planning Commission fora public hearing pursuant to Section 29.20.310 of the
Zoning Ordinance.
D_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.
E. The applicant shall submit. in writing, an explanation of how the proposed
establishment meets each requirement of this policy.
V. Enforcement
All conditional use permits issued to establishments for on -site alcoholic beverage service
on site shall be subject to Section 29.30.310(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
29.30.310(b) of the Town Code will be based on, but not limited to the following factors:
Town of Los Gatos
Alcoholic Beverage Policy
5
I. The number and types of calls for service at or near the establishment that are a
direct result of patrons actions:
II. The number of complaints received from residents ad -and other citizens concerning
the operation of an establishment;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting, awl -public
nuisance and other violent crime or 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\ABP & Live Entertainment\Staff Does \2001 Alcoholic Beverage Policy with staff recommended changes
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Staff recommends the
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limitations for outdoor
service, plus openness
of bar areas for security
surveillance and control
purposes.
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The City Manager
may suspend,
modify or revoke
any permit issued
pursuant to the
provisions of this
cha ter for the
ri.='.
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amendment will��
resolve any current
objectionable
conditions.
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Process to revoke,
suspend or modify
license for cause
(5.25.080)
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The chief of police
may suspend or
revoke a permit
(see § 26.45).
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Any permit issued
under this Article,
upon five days
written notice
mailed to the
permittee at the
address for which
:astir
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Any permit
granted pursuant
to this chapter
may be revoked
upon finding of a
violation of the
provisions of this
n'
MY
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y3nNdE �6Z'e3$ c y3'oti Eo „oomN'O.0'51O cog c3 0
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The Chief of Police
may issue a
warning, impose
conditions to
correct violations,
suspend or revoke
the entertainment
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10.
Provisions for
Regulatory
Intervention
Process
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Staff recommends
provisions for
encouraging
established businesses
to obtain an
Entertainment Permit
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When there is a
substantial change
in operation
including any of the
following: (1) An
a lication for, or a
4)'. Y�
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Permits issued
under the
provisions of this
Article shall expire
at 12:00 midnight,
December 31, of
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12.
Provisions for
Regulating
Established
Businesses
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The city of Irvine has
standard conditions of
approval that require
the quarterly gross
sales of alcohol
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Provisions for
limitations on
gross sales for
1-1
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v;;Ld•
beverages not exceed
the quarterly gross
sales of food during the
same period, and
requires the operator to
maintain records at all
times. This is a
possibility, but staff
foresees issues with
enforcement
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1.
STANDARDS FOR OUTDOOR RESTAURANT SEATING
Outdoor seating is prohibited on public property. Outdoor seating may be allowed
on private property with a conditional use permit.
2. A physical delineation in the form of landscaping or planters is required to separate
public and private property. The height of the separation shall be a minimum of
three feet but no higher than four feet. The physical design and plant material
'should compliment the design of the building and prevent passing or carrying
alcoholic beverages outside the restaurant seating area. Plant material shall be alive.
3. When alcoholic beverages are permitted in outdoor seating areas that are
immediately adjacent to a public pedestrian way, the landscape separation shall be
designed to clearly suggest that alcohol is not allowed outside the restaurant seating
area.
4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold
harmless agreement shall be recorded releasing the Town. from any liability related
to the outdoor seating.
5. When alcoholic beverage service is permitted outside, a restaurant employee shall
seat patrons.
sys82\a: \m isc\o u td oor.s td
Attachment 5
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Left Blank
ZONING REGULATIONS § 29.20.318
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 ofthe 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
Manager's designee may limit the hours .of operation of the establishment, up to and including
closure no later than 10:00 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
29.20.275 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 10:00 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.
(Ord. No. 1976, § III, 5-2-94)
Supp. No. 13 2052.1
Attachment 6
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Left Blank
ORDINANCE 2021
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF
ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The C-2 (Central. Business District Commercial) zone of the Town of Los Gatos contains a
mix of retail, restaurant, and associated uses that sustains the economic vitality and historic
atmosphere of the area, and is an essential part of the community. However, too many restaurants
concentrated in this one area would displace retail uses that are vital to continued success and to
having businesses that attract Town residents throughout the day. This ordinance is intended to
discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to
.conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public
hearing process.
SECTION II
Section 29.10.020 is amended to read as follows:
Bar means a drinking place where alcoholic beverages and snacks are served; possibly with
entertainment such as music, television screens, video games or pool tables.
*****
Restaurant, fast food means a restaurant with a large carry -out clientele, long hours of service,
some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in
customers.
Restaurant, high turnover (sit-down) means a restaurant with turnover rates generally of less
'than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally
serve breakfast, lunch and dinner, and are sometimes open 24 hours a day.
Restaurant, quality means a restaurant of high quality and with turnover rates usually of at
Attachment 7
least one hour or longer, generally do not serve breakfast, nay not serve lunch, but always serve
dinner.
SECTION III
Subsection (16) of Section 29.20.745 is amended, to read as follows:
(16) Deter ne`aii.d' issue Zoning .approval fot minx restaurants that are located outside
Downtown {the C-2 zone].
SECTION IV
Subsection (8) of Section 29.20.750 is amended to read as follows:
(8)Determines coziditional use permit applications that are not assigned to the
Development Review Committee.
SECTION V
• This ordinance was introduced at a regular meeting of the Town Council of the Town of.
I..os Gatos on August 5, 1996 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 September 16,
1996. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: . Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin.,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED
MAYOR •jam' HE TOWN
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SUGGESTED DEFINITIONS
Entertainment:
Entertainment is defined as any act, play, show, dance, song, instrumental music or the
production or provision of sights or sounds, including music provided by a disc jockey (DJ)
designed to entertain members of the public, or participated in by members of the public, guests,
customers, employees or any other persons. Pre-recorded music, video jockeys (VJs) shows, and
television broadcasts would not be considered entertainment for the purposes of requiring an
entertainment permit.
Entertainment Permit
An Entertainment permit is defined as a permit issued to the owner, operator, permit holder or
permittee of an approved establishment providing entertainment pursuant to the Policy
Regulating Entertainment Establishments and Establishments with Late Night Hours.
Entertainment permits for establishments serving alcoholic beverages will be subject to review
and approval (or denial) by the Chief of Police and such application requirements as established
by the Chief of Police. Entertainment permits issued by the Chief of Police will be subject to
Town Council approval.
Entertainment permits for establishments not serving alcoholic beverages will be subject to the
review and approval (or denial) of the Community Development Director and such application
requirements as established by the Community Development Director. Entertainment permits
issued by the Community Development Director may be appealed to the Planning Commission.
All entertainment permits shall be non -transferable to any other establishment, owner, operator,
permit holder or permittee.
Late Night Hour Operations:
Late night hour operations is defined as establishments that provide service after 10:00 PM.
Sunday through Thursday (except holidays or days before holidays) or after 11:00 PM Friday,
Saturday and holidays and evenings before holidays.
Operational Agreement:
An operational agreement is defined as an agreement to operate an establishment providing
alcohol in conjunction with entertainment and/or late night hours in compliance with the Policy
Regulating Entertainment Establishments and Establishments with Late Night Hours and such
standards and regulations as may be established by the Chief of Police and subject to periodic
updates at the discretion of the Chief of Police.
Operator's License
An operator's license is defined as a license issued by the Chief of Police to the owners, permit
holders, or permittee, who own or operate an establishment providing alcohol in conjunction
with entertainment and/or late night hours pursuant to the Policy Regulating Entertainment
Establishments and Establishments with Late Night Hours. Such application requirements may
1
Attachment 8
be established by the Chief of Police and subject to periodic updates at the discretion of the Chief
of Police. An operator's license shall be non -transferable to any other establishment, owner,
operator, permit holder or permittee.
Outdoor Seating Areas:
Outdoor seating areas are defined as areas which are contiguous and accessory to an approved
restaurant or cafe use and which are separated from public areas by approved landscaped barriers
not less than three feet in height and not more than four feet in height. Outdoor seating is
prohibited on public property. When alcoholic beverage service is permitted, a restaurant
employee shall seat patrons.
Outside Service of Alcohol:
Outside service of alcohol is defined as alcoholic beverage service in approved outdoor seating
areas.
Separate Bar:
A separate bar is defined as an area within a restaurant that is separated through a visual or
physical barrier from the dining areas and serves alcoholic beverages. This definition does not
include food counters or service bars.
Small Plate Appetizers:
Small plate appetizers are defined as small servings of hot or cold dishes which may be
combined to make a full meal. Small plate appetizers may also be known as charcuterie, tapas,
bocas, dim sum, antipasti or mezze. Small plate appetizers do not include bar food such as
popcorn, nuts, or pretzels.
Tasting Room:
A tasting room is defined as an establishment that allows customers to taste samples of wine,
limited to a one -ounce pour per serving, and has a Type 02 Liquor License issued by the
California Department of Alcoholic Beverage Control. There is not an established limit on the
number of servings. A tasting room may sell wine, beer, and related gift items but does not
provide food service, other than palate cleansers such as crackers, cheese or fruit.
Establishments that are classified by the State Department Alcoholic Beverage Control as bars,
nightclubs, taverns or restaurants are not included in this definition.
Wine Bar:
A wine bar is defined as an establishment that serves only wine by the bottle or by the glass and
generally has a Type 42 Liquor license issued by the California Department of Alcoholic
Beverage Control. Wine bars may also offer a selection of beers and non-alcoholic beverages. A wine
bar may sell related gift items and shall have food service available during all hours of operation,
but is not required to serve meals (as defined by the Policy Regulating the Consumption and
Service of Alcoholic Beverages). Food service would meet the definition of small plates or meal
service as defined in the Alcoholic Beverage Policy.
N:\DEV\ABP & Live Entertainment\Staff Docs\ABP and Entertainment Draft Definitions.docx
2
ORDINANCE NO. 2011-2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, ADDING CHAPTER
5.25 TO THE CITY OF NEWPORT BEACH MUNICIPAL
CODE TO REQUIRE ESTABLISHMENTS THAT OFFER
ALCOHOLIC BEVERAGES FOR ON -SITE
CONSUMPTION IN COMBINATION WITH LATE
HOURS, ENTERTAINMENT, OR DANCING TO OBTAIN
AN OPERATOR LICENSE (PA2010-041)
WHEREAS, the City of Newport Beach (City") is a charter city, governed by a
charter adopted by the citizens of the City; and
WHEREAS, Article XI, Section 5 of the Constitution Of the State of California
authorizes charter cities to enact ordinances in respect to their municipal affairs; and
WHEREAS, the. City finds and declares that the majority of establishments which
provide alcoholic beverages for on -site consumption in combination with late hours,
entertainment, and/or cafe dance have modes of operation and location attributes which
allow them to appropriately provide service to the residents and visitors of the City of
Newport Beach; and
WHEREAS, the City finds and declares that the foregoing notwithstanding,
absent appropriate controls, alcoholic beverages for on -site consumption in combination
with late hours, entertainment and/or cafe dance increases the potential for operational
impacts including, but not necessarily limited to, noise, loitering, litter, and disorderly
conduct by patrons; and
WHEREAS, the City finds and declares that the cited impacts affect both the
neighborhoods in which such establishments are located and the public safety
resources of the City of Newport Beach; and
WHEREAS, the City finds and declares that the cited impacts relate largely to the
operation of the establishment rather than to its design or architecture; and
WHEREAS, the City finds and declares that in order to provide an appropriate
level of control to such uses and to provide the means by which public safety can be
maintained, the regulation of operators provides the most direct means of enforcing
appropriate operational controls on establishments which provide alcoholic beverages
for on -site consumption in combination with late hours, entertainment, and/or cafe
dance; and
Attachment 9
WHEREAS, the City finds that the proposed code amendment will not result in a
direct or reasonably foreseeable indirect physical change in the environment (Section
15060(c)(2) of the California Environmental Quality Act Guidelines); and
WHEREAS, this agenda item has been noticed in accordance with the Ralph M.
Brown Act (72 hours in advance of the public meeting). The item appeared upon the
agenda for this meeting which was posted at City Hall and on the City website.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Chapter°5.25 of the Newport Beach Municipal Code is hereby added to
read as follows:
Chapter 5.25
OPERATOR LICENSE FOR ESTABLISHMENTS OFFERING ALCOHOLIC
BEVERAGES FOR ON -SITE CONSUMPTION IN COMBINATION WITH LATE
HOURS, ENTERTAINMENT, AND/OR DANCE
5.25.010 License Required.
No person or entity shall operate, or engage in, any business or commercial enterprise
defined as "Bar, Lounge, and Nightclub", or which does or intends to offer alcoholic
beverages for on -site consumption in combination with "Food Service with Late Hours",
as defined at Chapter 20.70 of this Code or as same may be amended from time to
time, or any business or commercial enterprise that does or intends to offer alcoholic
beverages for on -site consumption in combination with "Entertainment" as defined at
Chapter 528 of the Code, or "Cafe Dance" as defined at Chapter 5.32 of this Code, until
that person or entity has first obtained an Operator License pursuant to this chapter.
5.26.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall apply prospectively and shall not operate to revoke
any valid permit or other approval in effect as of the date of the ordinance codified in
this chapter. The foregoing notwithstanding, the provisions of this chapter shall be
deemed to require an Operator License in any of the following instances:
A. The approval or amendment of a use permit, as required by Title 20 of this code.
B. The issuance of a building permit for modifications comprising a change in the
type of occupancy or an increase in the maximum occupant capacity of an
establishment, as defined by the Uniform Building Cade.
C. As a result of a negotiated restitution or agreement to resolve or settle any
administrative, civil, or criminal matter relating to any violation of this Code.
D, As required by an order of judgment in a civil or criminal case brought by the City
of Newport Beach.
E. Transfer of a business operating pursuant to an issued Operator License, as
required by Section 5.25.070 of this chapter,
F. The re-establishment of a business or commercial enterprise subsequent to its
loss of non -conforming status as set forth in Chapter 20,38 of this Code.
5,26.030 Application for an Operator License.
Applications for an Operator License shall be filed with the Chief of Police on forms
supplied by the City, and shall be accompanied by a fee established by resolution of the
City Council, which shall be no more than necessary to cover the costs of processing
the application and investigation of the contents and statements therein. Where an
Operator License application is required in relation to the processing or amendment of a
use permit required by Title 20 of this Code, such application may be filed and
processed concurrently. The following provisions will apply in cases where a use permit
and Operator License are concurrently processed:
A. Notwithstanding Paragraph 5.25.060 below, the Police Chief shall not be obligated
to issue a determination within 45 days of the filing of a complete application for an
Operator License if the processing of the use permit extends beyond that time limit:
and,
B. An Operator License processed concurrently with a use permit shall not become
effective prior to the effective date of the use permit.
5.26.040 Application Requirements.
The following information shall be submitted to the Chief of Police by the business
owner at the time of submitting an application for an Operator License, Such
information shall be submitted in accordance with forms, drawing instructions, and in a
quantity of copies as determined by the Chief of Police:
A. A description of business or commercial enterprise and anticipated occupancy;
B. A site plan describing the building and/or unit proposed for the premises and a fully
dimensioned floor plan, including outdoor dining areas;
C. A plan of operations describing the following:
1. The type of Alcohol Beverage Control License held or sought;
2. A description of any proposed nature of entertainment and/or dance use of the
premises;
3. The hours of operation for the business or commercial enterprise, at minimum
indicating the hours of employees on site and hours open to patrons;
4. A security plan, if any, addressing such matters as personnel, the functions of
those personnel and employee training;
5. A plan, if any, for contact with the Police Department, neighboring residents or
businesses in the event of planned activities or emergencies; and
6. Features, if any, in the method of operation which may be material to the
consideration by the Chief of Police in issuing the permit.
D. The application shall contain the following information:
I. The business owner's name, residence street address, and mailing address, if
different, and California driver's license number and any and all aliases;
2. The name under which the business or commercial enterprise is to be operated;
3. The telephone number of the business or commercial enterprise and the address
and legal description of the parcel of land on which the enterprise is located;
4. The date on which the business owner acquired the business or commercial
enterprise for which the permit is sought, and the date on which the business or
commercial enterprise began or will begin operations at the location for which the
permit is sought;
5. If the business or commercial enterprise is owned and/or operated by a
corporation, or other limited liability entity, the name of each officer and director
of the corporation. If the enterprise is owned and/or operated by a partnership,
the name of each general partner of the partnership;
6. A statement under oath that the business owner has personal knowledge of the
information contained in the application and that the information contained is true
and correct;
7. A statement that the business owner has read and understands the provisions of
this chapter;
8. A statement whether the business owner previously operated in this or any other
County, City or State under an entertainment establishment license/permit or
similar business license, and whether the owner has ever had such a license
revoked or suspended and the reason therefore, and the business entity or trade
name under which the business owner operated that was subject to the
suspension or revocation; and
9. If the premises are being rented or leased or being purchased under contract, a
copy of such lease or contract shall accompany the application.
5.25.050 Issuance of License —Criteria and Findings
A. Upon receiving an application for an Operator License, the Chief of Police shall
conduct an investigation, which may include referral of the application to other City
departments, including but not limited to Fire, Planning, Building and/or Code
Enforcement, to determine if the proposed business is in compliance with this
chapter and other applicable provisions of this Code. Each department shall make
written recommendations to the Chief of Police.
B. At least 21 calendar days prior to the decision on the issuance of a license, notice
shall be mailed to the applicant and all owners of property within 300 feet, excluding
intervening rights -of -way and waterways, of the boundaries of the site, as shown on
the last equalized assessment roll or, alternatively, from such other records as
contain more recent address. The notice shall indicate that written comments to the
decision of the Chief of Police will be accepted until the date of the decision
indicated on the notice,
C. Approval of an Operator License pursuant to this chapter shall be subject to the
Chief of Police making each and all of the following findings:
1. The business or enterprise is proposed to be located in a zone permitting the
proposed use under Title 20 of this Code, and is subject to such use permits as
may be required;
2. In the case of a business or enterprise offering "Entertainment," as defined, the
premises meets all of the criteria in Chapter 5.28,040.112-7;
3. The site plan and proposed premises improvements as proposed, or as subject
to such conditions as are attached to the approval, are consistent with the use
and the plan of operations; and
4. The plan of operations as proposed, or as subject to such conditions as are
attached to the approval, is adequate in light of the neighborhood in which the
business or enterprise is located and supports the public health, safety and
welfare of the community.
D. The Chief of Police, at the time of license approval may attach additional conditions
and requirements to the license as may be determined to be necessary in order to
make the foregoing findings. In no case shall the conditions be inconsistent with, or
less restrictive than, those required by any applicable use permit. Such additional
conditions may include, but not necessarily be limited to:
1. An obligation to comply with Title 20 of this Code, all conditions of approval of
any applicable use permit, and any other applicable provision of the Municipal
Code;
2. Hours of operation for the enterprise or business, or any particular activity in part
thereof, including but not limited to commercial deliveries, food service, dancing,
live entertainment, or sound amplification for entertainment purposes,
3. Exterior lighting, traffic management devices, security facilities or other such
appurtenances, so long as such improvements may be constructed or made in
compliance with other applicable provisions of this Code;
4. Hiring, training, qualifications, and record -keeping requirements for employees,
staff and security personnel of the business or enterprise;
5. A plan and schedule of the frequency of oresite compliance reviews of the
business or enterprise by the Police Department or other agents of the City of
Newport Beach;
6. The development and implementation of written plans by the licensee addressing
how the licensee will meet the requirements of this chapter and may include
crowd management, parking management, noise management, complaint
response, and performance improvement; and
7. Specified provisions regarding the level and methods of measurement of noise to
limit or prohibit audible sound at the property line of the establishment.
525,060 Notice of Determination
A. Except in such cases as provided in paragraph 5.25.030.A, above, the Chief of
Police shall make a determination on an application for an Operator License within
45 days of such application being deemed complete.
B. The applicant shall be served with written notice of the decision, including the
findings made by the Chief of Police in conditionally approving or denying the
Operator License. Notice shall be personally served or served by deposit in the
United States mail, first class postage prepaid, at the address shown on the
application. Service shall be deemed complete upon personal service or deposit in
the United States Post Mail,
C. The determination of the Chief of Police to deny or to place conditions upon the
approval of an Operator License shall be appealable by the applicant or any
interested party. Such appeal shall be made in writing to the City Manager, within
15 days of the postmark date of the Chief of Police's notice of decision, The appeal
shall set forth the particular condition and the reasons that the applicant or any
interested party believes the findings or decision is in error. The City Manager shall
make a determination on the appeal based on the application materials, the written
determination of the Chief of Police and the written appeal of the applicant or any
interested party. The City Manager may take any of the following actions on the
appeal:
a. Deny the appeal and affirm the determination of the Chief of Police and the
conditions contained therein; or,
b. Approve the appeal and/or approve or modify an appealed condition; or,
c. Refer the application to the Chief of Police for further investigation and
determination to be completed by a date certain.
D. The action of the City Manager to deny the appeal and affirm the determination of
the Chief of Police or to approve the appeal and/or approve or modify an appealed
condition shall be final, any other provision of this Code to the contrary
notwithstanding.
5.25.070 Operator License Nontransferable.
No Operator License issued pursuant to this chapter shalt be sold, transferred, or
assigned by any license holder, or by operation of law, to any other person, group,
partnership, corporation or any other entity, and any such sale, transfer or assignment,
or attempted sale, transfer or assignment shall be deemed to constitute a voluntary
surrender of such license, and such license shall be, thereafter, null and void. A license
held by an individual in a corporation or partnership is subject to the same rules of
transferability as contained above. License shall be valid only for the exact location
specified in the license,
5.25.080 Revocation, Suspension or Modification of License for Cause.
The Chief of Police may commence a process to revoke, suspend or modify an
Operator License issued under the provisions of this chapter should there be
reasonable suspicion of any of the following:
A. The licensee has ceased to meet the requirements for issuance of license;
B. The applicant gave materially false, fraudulent or misleading information within the
application;
C. Impacts emanating from the establishment for which the license was issued has
substantially interfered with the peace and quiet of the neighborhood;
D. The licensed business or activity has operated in violation of any of the requirements
of this chapter, the license as issued, or any condition thereof.
The Chief of Police shall notify the operator of the commencement of such revocation,
suspension or modification process and shall conduct an investigation to determine if,
and to what degree, one or more of the foregoing has occurred. Upon completion of the
investigation, the Chief of Police may add, delete or modify the license conditions. The
Chief of Police shall notify the applicant regarding the determination of the Operator
License, on the outcome of the investigation, and the action taken. The applicant or any
interested party may appeal a determination or an added or modified condition of
approval to City Manager in the manner set forth in 5.25.050.C-D, above.
5.26.090 Licenses and Fees Not Exclusive.
Fees and licenses required by this chapter shall be in addition to any license, permit or
fee required under any other chapter of this Code.
5.25.100 Penalty.
A. Any violation of this chapter is subject to those remedies provided for in Chapters
1.04 and 1.05 in addition to any other remedies allowed by State and Federal law.
B. Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 2009-
27 § 1 (part), 2009)
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitufional, such decision shall not affect the
validity of constitutionally of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption,
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach, held on the 1 ith day of January 2011, and adopted on the
25th
day of January, 2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
Mayor Henn
Hill, Rosansky, Curry,
NOES, COUNCILMEMBERS ?ardner, Daig
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By Ak\A -)-"" 11 IF)
DAVID R. HUNT, CITY A, ORNEY
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
ss.
Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that- the whole number of members of the Ci.ty Council is seven; that the .foregoing ordinance,
being Ordinance No. 2011-2 was duly and. regularly introduced on the 11th day of January, 201.1,
and adopted. by the City Council. of said City at a regular meeting of said Council, duly and regularly
held. on the 25th day ofJanuary, 2011, and that, the same was so passed and adopted by the following
vote, to wit:
Ayes: Hill, Rosansky, Mich, Curry, Mayor Henn
Noes: Gardner, Daigle
A.bsent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th clay of January, 2011,
(Seal)
11
h, •
(\
I eitiffillIA '').-
,__ ',-
City Clerk. t
City of .Now port Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
I, LEMAN' 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 201,1-2 has been. duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
Introduced Ordinance: January 1.5, 2011
Adopted Ordinance:
January 29, 2011
In witness whereof, I have hereunto subscribed my .name this day of rdOrMirA
2011.
A,0
0(
-
Ci.ty
City Clerk
City of Newport Beach, California
This Page
Intentionally
Left Blank
Chapter 5.25
OPERATOR LICENSE FOR ESTABLISHMENTS OFFERING ALCOHOLIC BEVERAGES
FOR ON -SITE CONSUMPTION IN COMBINATION WITH LATE HOURS,
ENTERTAINMENT, AND/OR DANCE
Sections:
5.25.010
5.25.020
5.25.030
5.25.040
5.25.050
5.25.060
5.25.070
5.25.080
5.25.090
5.25.100
License Required.
Applicability to Existing Businesses and Enterprises.
Application for an Operator License.
Application Requirements.
Issuance of License —Criteria and Findings.
Notice of Determination.
Operator License Nontransferable.
Revocation, Suspension or. Modification of License for Cause.
Licenses and Fees Not Exclusive.
Penalty.
5.25.010 License Required.
No person or entity shall operate, or engage in, any business or commercial enterprise defined
as "bar, lounge, and nightclub," or which does or intends to offer alcoholic beverages for on -site
consumption in combination with "food service with late hours," as defined at Chapter 20.70 of
this code or as same may be amended from time to time, or any business or commercial
enterprise that does or intends to offer alcoholic beverages for on -site consumption in
combination with "entertainment" as defined at Chapter 5.28 of the code, or "cafe dance" as
defined at Chapter 5.32 of this code, until that person or entity has first obtained an operator
license pursuant to this chapter. (Ord. 2011-2 § 1 (part), 2011)
5.25.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid
permit or other approval in effect as of the.date of the ordinance codified in this chapter. The
foregoing notwithstanding, the provisions of this chapter shall be deemed to require an operator
license in any of the following instances:
A. The approval or amendment of a use permit, as required by Title 20 of this code.
B. The issuance of a building permit for modifications comprising a change in the type of
occupancy or an increase in the maximum occupant capacity of an establishment, as defined
by the Uniform Building Code.
C. As a result of a negotiated restitution or agreement to resolve or settle any administrative,
civil, or criminal matter relating to any violation of this code.
D. As required by an order of judgment in a civil or criminal case brought by the City of
Newport Beach.
E. Transfer of a business operating pursuant to an issued operator license, as required by
Section 5.25.070 of this chapter.
F. The re-establishment of a business or commercial enterprise subsequent to its loss of
nonconforming status as set forth in Chapter 20.38 of this code. (Ord. 2011-2 § 1 (part), 2011)
Attachment 10
6.25.030 Application for an Operator License.
Applications for an operator license shall be filed with the Chief of Police on forms supplied by
the City, and shall be accompanied by a fee established by resolution of the City Council, which
shall be no more than necessary to cover the costs of processing the application and
investigation of the contents and statements therein. Where an operator license application is
required in relation to the processing or amendment of a use permit required by Title 20 of this
code, such application may be filed and processed concurrently. The following provisions will
apply in cases where a use permit and operator license are concurrently processed:
A. Notwithstanding Section 5.25.060, the Police Chief shall not be obligated to issue a
determination within forty-five (45) days of the filing of a complete application for an operator
license if the processing of the use permit extends beyond that time limit; and
B. An operator license processed concurrently with a use permit shall not become effective
prior to the effective date of the use permit. (Ord. 2011-2 § 1 (part), 2011)
5.25.040 Application Requirements.
The following information shall be submitted to the Chief of Police by the business owner at the
time of submitting an application for an operator license. Such information shall be submitted in
accordance with forms, drawing instructions, and in a quantity of copies as determined by the
Chief of Police:
A. A description of business or commercial enterprise and anticipated occupancy;
B. A site plan describing the building and/or unit proposed for the premises and a fully
dimensioned floor plan, including outdoor dining areas;
C. A plan of operations describing the following:
1. The type of alcohol beverage control license held or sought;
2. A description of any proposed nature of entertainment and/or dance use of the
premises;
3. The hours of operation for the business or commercial enterprise, at minimum
indicating the hours of employees on site and hours open to patrons;
4. A security plan, if any, addressing such matters as personnel, the functions of those
personnel and employee training;
5. A plan, if any, for contact with the Police Department, neighboring residents or
businesses in the event of planned activities or emergencies; and
6. Features, if any, in the method of operation which may be material to the
consideration by the Chief of Police in issuing the permit.
D. The application shall contain the following information:
1. The business owner's name, residence street address, and mailing address, if
different, and California driver's license number and any and all aliases;
2. The name under which the business or commercial enterprise is to be operated;
3. The telephone number of the business or commercial enterprise and the address and
legal description of the parcel of land on which the enterprise is located;
4. The date on which the business owner acquired the business or commercial
enterprise for which the permit is sought, and the date on which the business or
commercial enterprise began or will begin operations at the location for which the permit is
sought;
5. If the business or commercial enterprise is owned and/or operated by a corporation,
or other limited liability entity, the name of each officer and director of the corporation. If the
enterprise is owned and/or operated by a partnership, the name of each general partner of
the partnership;
6. A statement under oath that the business owner has personal knowledge of the
information contained in the application and that the information contained is true and.
correct;
7. A statement that the business owner has read and understands the provisions of this
chapter;
8. A statement whether the business owner previously operated in this or any other
county, city or state under an entertainment establishment license/permit or similar
business license, and whether the owner has ever had such a license revoked or
suspended and the reason therefor, and the business entity or trade name under which
the business owner operated that was subject to the suspension or revocation; and
9. If the premises are being rented or leased or being purchased under contract, a copy
of such lease or contract shall accompany the application. (Ord. 2011-2 § 1 (part), 2011)
5.25.050 Issuance of License —Criteria and Findings.
A. Upon receiving an application for an operator license, the Chief of Police shall conduct an
investigation, which may include referral of the application to other City departments, including
but not limited to Fire, Planning, Building and/or Code Enforcement, to determine if the
proposed business is, in compliance with this chapter and other applicable provisions of this
code. Each department shall make written recommendations to the Chief of Police.
B. At least twenty-one (21) calendar days prior to the decision on the issuance of a license,
notice shall be mailed to the applicant and all owners of property within three hundred (300)
feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown
on the last equalized assessment roll or, alternatively, from such other records as contain more
recent address. The notice shall indicate that written comments to the decision of the Chief of
Police will be accepted until the date of the decision indicated on the notice.
C. Approval of an operator license pursuant to this chapter shall be subject to the Chief of
Police making each and all of the following findings:
1. The business or enterprise is proposed to be located in a zone permitting the
proposed use under Title 20 of this code, and is subject to such use permits as may be
required;
2. In the case of a business or enterprise offering "entertainment," as defined, the
premises meets all of the criteria in Section 5.28.040(B)(2) through (7);
3. The site plan and proposed premises improvements as proposed, or as subject to
such conditions as are attached to the approval, are consistent with the use and the plan
of operations; and
4. The plan of operations as proposed, or as subject to such conditions as are attached
to the approval, is adequate in light of the neighborhood in which the business or
enterprise is located and supports the public health, safety and welfare of the community.
D. The Chief of Police, at the time of license approval, may attach additional conditions and
requirements to the license as may be determined to be necessary in order to make the
foregoing findings. In no case shall the conditions be inconsistent with, or less restrictive than,
those required by any applicable use permit. Such additional conditions may include, but not
necessarily be limited to:
1. An obligation to comply with Title 20 of this code, all conditions of approval of any
applicable use permit, and any other applicable provision of the municipal code;
2. Hours of operation for the enterprise or business, or any particular activity in part
thereof, including but not limited to commercial deliveries, food service, dancing, live
entertainment, or sound amplification for entertainment purposes;
3. Exterior lighting, traffic management devices, security facilities or other such
appurtenances, so long as such improvements may be constructed or made in
compliance with other applicable provisions of this code;
4. Hiring, training, qualifications, and record -keeping requirements for employees, staff
and security personnel of the business or enterprise;
5. A plan and schedule of the frequency of on -site compliance reviews of the business or
enterprise by the Police Department or other agents of the City of Newport Beach;
6. The development and implementation of written plans by the licensee addressing how
the licensee will meet the requirements of this chapter and may include crowd
management, parking management, noise management, complaint response, and
performance improvement; and
7. Specified provisions regarding the level and methods of measurement of noise to limit
or prohibit audible sound at the property line of the establishment. (Ord. 2011-2 § 1 (part),
2011)
5.25.060 Notice of Determination.
A. Except in such cases as provided in Section 5.25.030(A), the Chief of Police shall make a
determination on an application for an operator license within forty-five (45) days of such
application being deemed complete.
B. The applicant shall be served with written notice of the decision, including the findings
made by the Chief of Police in conditionally approving or denying the operator license. Notice
shall be personally served or served by deposit in the United States Mail, first class postage
prepaid, at the address shown on the application. Service shall be deemed complete upon
personal service or deposit in the United States Post Mail.
C. The determination of the Chief of Police to deny or to place conditions upon the approval of
an operator license shall be appealable by the applicant or any interested party. Such appeal
shall be made in writing to the City Manager, within fifteen (15) days of the postmark date of the
Chief of Police's notice of decision. The appeal shall set forth the particular condition and the
reasons that the applicant or any interested party believes the findings or decision is in error.
The City Manager shall make a determination on the appeal based on the application materials,
the written determination of the Chief of Police and the written appeal of the applicant or any
interested party. The City Manager may take any of the following actions on the appeal:
1. Deny the appeal and affirm the determination of the Chief of Police and the conditions
contained therein; or
2. Approve the appeal and/or approve or modify an appealed condition; or
3. Refer the application to the Chief of Police for further investigation and determination
to be completed by a date certain.
D. The action of the City Manager to deny the appeal and affirm the determination of the Chief
of Police or to approve the appeal and/or approve or modify an appealed condition shall be final,
any other provision of this Code to the contrary notwithstanding. (Ord. 2011-2 § 1 (part), 2011)
5.25.070 Operator License Nontransferable.
No operator license issued pursuant to this chapter shall be sold, transferred, or assigned by
any license holder, or by operation of law, to any other person, group, partnership, corporation
or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer or
assignment, shall be deemed to constitute a voluntary surrender of such license, and such
license shall be, thereafter, null and void. A license held by an individual in a corporation or
partnership is subject to the same rules of transferability as contained above. License shall be
valid only for the exact location specified in the license. (Ord. 2011-2 § 1 (part), 2011)
5.25.080 Revocation, Suspension or Modification of License for Cause.
The Chief of Police may commence a process to revoke, suspend or modify an operator
license issued under the provisions of this chapter should there be reasonable suspicion of any
of the following:
A. The licensee has ceased to meet the requirements for issuance of license;
B. The applicant gave materially false, fraudulent or misleading information within the
application;
C. Impacts emanating from the establishment for which the license was issued has
substantially interfered with the peace and quiet of the neighborhood;
D. The licensed business or activity has operated in violation of any of the requirements of
this chapter, the license as issued, or any condition thereof.
The Chief of Police shall notify the operator of the commencement of such revocation,
suspension or modification process and shall conduct an investigation to determine if, and to
what degree, one or more of the foregoing has occurred. Upon completion of the investigation,
NEWPORT BEACH
Chapter 5.28
LIVE ENTERTAINMENT ESTABLISHMENTS*
Sections:
5.28.010 Definitions.
5.28.020 Permit Required.
5.28.030 Application for Permit.
5.28.035 Application Requirements.
5.28.040 Issuance of Permit —Investigation.
5.28.041 Additional Regulations.
5.28.050 Permits Nontransferable.
5.28.060 Revocation of Permit.
5.28.070 Appeals from Action of City Manager.
5.28.090 Exceptions.
5.28.100 Permits and Fees Not Exclusive.
5.28.110 Public Nuisance.
* Prior history: 1949 Code, §§ 4400-4409; Ord. 1054, 1170, 1185, 1568, 1620, 1676,
1738, 89-1, 89-6 and 94-7.
5.28.010 Definitions.
Certain words or phrases used in this chapter are defined as follows:
"City Manager" means the City Manager for the City of Newport Beach or his or her
designee.
"Entertainment" means any act, play, burlesque show, revue, pantomime, cabaret, fashion
or style show, scene, dance, song, song and dance act, or instrumental music participated
in by one or more employees, guests, customers or any other person or persons.
1. The following is included in the term "entertainment": The presence of any
performer, dancer, employee, agent, model or other person, collectively and
individually referred to as "entertainer," in any place of entertainment who engages
in any specified sexual activity (as that term is defined in Section 5.96.010 of this
Code) not otherwise prohibited by local, State or Federal law, or who exposes any
specified anatomical part (as that term is defined in Section 5.96.010) not otherwise
prohibited by local, State or Federal law, or who performs in attire commonly
referred to as pasties or a G-string, or any other opaque covering which does not
expose the areola or nipples of the female breast, and while covering the natal cleft
the Chief of Police may add, delete or modify the license conditions. The Chief of Police shall
notify the applicant regarding the determination of the operator license, on the outcome of the
investigation, and the action taken. The applicant or any interested party may appeal a
determination or an added or modified condition of approval to City Manager in the manner set
forth in Section 5.25.050(C) and (D). (Ord. 2011-2 § 1 (part), 2011)
5.25.090 Licenses and Fees Not Exclusive.
Fees and licenses required by this chapter shall be in addition to any license, permit or fee
required under any other chapter of this code. (Ord. 2011-2 § 1 (part), 2011)
5.25.100 Penalty.
A. Any violation of this chapter is subject to those remedies provided for in Chapters 1.04 and
1.05 in addition to any other remedies allowed by State and Federal law.
B. Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 2011-2 § 1
(part), 2011)
This page of the Newport Beach Municipal Code is
current through Ordinance 2011-16, passed May 24,
2011.
Disclaimer: The City Clerk's Office has the official version of the
Newport Beach Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
City Website:
http://www.newportbeachca.gov/
(http://www.newportbeachca.gov/)
City Telephone: (949) 644-3005
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and pubic area covers less than one inch on either side of the entire length of the
natal cleft and two inches across the pubic area.
"Individual viewing areas" means viewing areas such as booths, cubicles, rooms or stalls
where live entertainment is performed and which are less than one hundred fifty (150)
square feet of floor space.
"Owner" or "permit holder" or "permittee" means any of the following:
1. A sole proprietor or individual(s) who own or operate a place of entertainment;
2. All general partners of a partnership which owns or operates a place of
entertainment;
3. All persons who hold a controlling interest in a corporation, or other limited
liability entity which owns or operates a place of entertainment.
"Permit" means any permit issued pursuant to this chapter.
"Place of entertainment" means any business establishment or concern open to members of
the public, with or without charge, in which entertainment is offered or performed. (Ord. 99-2
§ 1, 1999: Ord. 97-12 § 1, 1997: Ord. 96-5 § 1, 1996: Ord. 95-17 § 2 (part), 1995)
5.28.020 Permit Required.
No person or entity shall operate, or engage in, any business or commercial enterprise
which provides entertainment in a restaurant, cafe, night club, bar, coffee house, or other
place of entertainment, unless such person has first obtained a permit pursuant to this
chapter. (Ord. 95-17 § 2 (part), 1995)
5.28.030 Application for Permit.
Applications for permits shall be filed with the City Manager on forms supplied by the City,
and shall be accompanied by a fee established by resolution of the City Council which shall
be no more than necessary to cover the costs of processing and investigation. (Ord. 95-17
§ 2 (part), 1995)
5.28.035 Application Requirements.
The following information shall be submitted to the City Manager by the owner at the time of
applying for a permit:
A. A description of all proposed entertainment business activities and anticipated
occupancy;
B. A site plan describing the building and/or unit proposed for the entertainment
establishment and a fully dimensioned interior floor plan;
C. The, application shall contain the following information:
1. The owner's name, residence street address, and mailing address, if different,
and California driver's license number and any and all aliases,
2. The name under which the entertainment enterprise is to be operated,
3. The telephone number of the enterprise and the address and legal description
of the parcel of land on which the enterprise is located,
4. The date on which the owner acquired the enterprise for which the permit is
sought, and the date on which the enterprise began or will begin operations at the
location for which the permit is sought, and
5. If the enterprise is owned and/or operated by a corporation, or other limited
liability entity, the name of each officer and director of the corporation. If the
enterprise is owned and or operated by a partnership, the name of each general
partner of the partnership;
D. A statement under oath that the owner has personal knowledge of the information
contained in the application and that the information contained is true and correct;
E. A statement that the owner has read and understands the provisions of this chapter;
F. A statement whether the owner previously operated in this or any other County, City or
State under an entertainment establishment license/permit or similar business license, and
whether the owner has ever had such a license revoked or suspended and the reason
therefore, and the business entity or trade name under which the owner operated that was
subject to the suspension or revocation;
G. If the premises are being rented or leased or being purchased under contract, a copy
of such lease or contract shall accompany the application. (Ord. 97-12 § 2, 1997: Ord. 95-
17 § 2 (part), 1995)
5.28.040 Issuance of Permit —Investigation.
A. Upon receiving an application for an entertainment permit, the City Manager shall
conduct an investigation to determine if the proposed business is in compliance with the
provisions of this chapter. The City Manager, shall, within fifteen days of receipt of a
complete permit application, approve and issue the permit if all the requirements of this
section have been met. If the City Manager determines that the application does not satisfy
the requirements of this chapter, he/she shall deny the application.
1. The applicant shall be served with written notice of the decision. Notice shall be
personally served or served by deposit in the United States mail, first class postage
prepaid, at the address shown on the application. Service shall be deemed
complete upon personal service or deposit in the United States Post Mail.
2. The City Manager shall take all lawful steps to insure that any applicant whose
permit has been denied pursuant to this section shall be afforded prompt judicial
review of the City Manager's decision to deny the permit.
B. Standards for Approval of Permit. The City Manager shall approve and issue an
entertainment permit if the application and evidence submitted show that:
1. The place of entertainment is proposed to be located in a zone permitting the
proposed use under Title 20 of this Code;
2. If the occupancy limit of that portion of the premises where entertainment is
performed is greater than two hundred (200) persons, at least one security guard
will be on duty outside the premises, patrolling the grounds and parking areas at all
times while the business is open. An additional security guard will be on duty inside
the premises if the occupancy exceeds four hundred (400) persons. The security
guards shall be charged with preventing violations of law and enforcing compliance
by patrons with the requirements of this chapter. No security guard required
pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker,
or admittance person while acting as a security guard;
3. The premises within which the entertainment is located shallprovide sufficient
sound absorbing insulation so that noise generated inside the premises shall not be
audible anywhere on adjacent property or public right-of-way or within any other
building or other separate unit within the same building;
4. All entertainment described within Section 5.28.010 complies with the additional.
regulations in Section 5.28.041;
5. All signage conforms to the standards applicable to the zone;
6. All indoor areas of the place of entertainment in which patrons are permitted
and entertainment is presented, shall be arranged in such a manner that the entire
interior portion of the viewing area is open and visible from aisles and public areas
of the place of entertainment and shall be open to view by management at all times.
Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes or
any obstructions whatsoever;
7. Every place of entertainment shall have a manager on the premises at all times
when entertainment is performed;
8. The place of entertainment must not operate or be open between the hours of
two a.m. and seven a.m. (Ord. 98-23 § 2, 1998: Ord. 97-12 § 3, 1997: Ord. 95-17 §
2 (part), 1995)
5.28.041 Additional Regulations.
The following regulations shall apply to all "entertainment" as described in
Section 5.28.010(1):
A. If the place of entertainment is licensed to serve alcoholic beverages, the permittee
shall abide by the rules and regulations set forth by the California Department of Alcoholic
Beverage Control.
B. No person shall perform for patrons any "entertainment" as described in
Section 5.28.010(1) except upon a stage at least eighteen (18) inches above the level of the
floor which is separated by a distance of at least six feet from the nearest area occupied by
patrons, and no patron shall be permitted within six feet of the stage while the stage is
occupied by an entertainer. This subsection shall not apply to individual viewing areas
where the stage is completely separated from the viewing area, floor to ceiling, by
plexiglass or other clear permanent barrier.
C. Stage or entertainment areas shall not be open to view from outside the premises.
D. Permanent barriers shall be installed and maintained to screen the interior of the
premises from public view for each door used as an entrance/exit to the business.
E. No exterior door or window shall be propped or kept open at any time during hours of
operation; any exterior windows shall be covered with opaque covering at all times.
F. No person under the age of eighteen (18) years shall be permitted within the premises
at any time during hours of operation.
G. The premises shall provide separated dressing room facilities for entertainers which
are exclusively dedicated to the entertainers' use.
H. The permittee shall provide an entrance/exit to the premises for entertainers which is
separate from the entrance/exit used by patrons.
I. No entertainer shall have physical contact with any patron and no patron shall have
physical contact with any entertainer while on the premises.
J. All areas of the place of entertainment accessible to patrons shall be illuminated at least
to the extent of two foot-candles, minimally maintained and evenly distributed at ground
level.
K. Individual viewing areas shall be operated and maintained without any hole or other
opening or means of direct communication or visual or physical access between the interior
space of two or more individual viewing areas.
L. No individual viewing area may be occupied by more than one person at any one time.
M. All individual viewing areas shall be physically arranged in such a manner that the
entire interior portion of the individual viewing area is visible from aisles and public areas of
the premises. Visibility into the individual viewing rooms shall not be blocked or obscured by
doors, curtains, partitions, drapes, or any other obstruction whatsoever.
N. No patron, guest or invitee shall directly pay or give any gratuity to any entertainer and
no entertainer shall accept direct payment or gratuity from any patron.
O. No owner or other person with managerial control over an adult -oriented business (as
that term is defined in Section 5.96.01 Oof this Code) shall permit any person on the
premises of the adult -oriented business to engage in a live showing of the human male or
female genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the
female breasts with less than a fully opaque covering over any part of the nipple or areola
and/or covered male genitals in a discernibly turgid state. This provision may not be
complied with by applying an opaque covering simulating the appearance of the specific
anatomical part required to be covered. (Ord. 99-2 § 2, 1999: Ord. 96-5 § 2, 1996: Ord. 95-
17 § 2 (part), 1995)
5.28.050 Permits Nontransferable.
No entertainment establishment permit shall be sold, transferred, or assigned by any permit
holder, or by operation of law, to any other person, group, partnership, corporation or any
other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or
assignment shall be deemed to constitute a voluntary surrender of such permit, and such
permit shall be thereafter null and void. A permit held by an individual in a corporation or
partnership is subject to the same rules of transferability as contained above. Permit shall
be valid only for the exact location specified in the permit. (Ord. 95-17 § 2 (part), 1995)
5.28.060 Revocation of Permit.
The City Manager may revoke a permit issued under the provisions of this chapter for any
of the following reasons:
A. The permittee has ceased to meet the requirements for issuance of permit;
B. The applicant gave materially false, fraudulent or misleading information on the
. application;
C. Music or noise from the establishment for which the permit was issued interferes with
the peace and quiet of the neighborhood;
D. The permit holder is convicted of a felony or misdemeanor occurring upon, or relating
to the premises or lot upon which the place of entertainment is located which offense is
classified by the State as an offense involving sexual crime against children, sexual abuse,
rape, distribution of obscene material or material harmful to minors, prostitution or
pandering, including, but not necessarily limited to the violation of any crime requiring
registration under California Penal Code Section 290, or any violation of Penal Code
Sections 243.4,261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288,
288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
E. If, on two or more occasions within a twelve (12) month period, a person or persons
has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection
(D) of this section as a result of such person's activity on the premises or property on which
the place of entertainment is located, and the person or persons were employees,
contractors or agents of the place of entertainment at the time the offenses were committed;
F. If the permit holder or an employee has knowingly allowed prostitution, or solicitation
for prostitution, on the premises; or
G. The place of entertainment has been operated in violation of any of the requirements of
this chapter. (Ord. 96-5 § 3, 1996: Ord. 95-17 § 2 (part), 1995)
5.28.070 Appeals from Action of City Manager.
A. If an applicant is aggrieved by any action or failure to act upon the part of the City
Manager in issuing, failing to issue, suspending or revoking any permit under this chapter,
such applicant may appeal to the City Council by filing with the City Clerk a statement
addressed to the City Council setting forth the facts and circumstances regarding the action
or failure to act on part of the City Manager. The City Clerk shall notify the applicant in
writing of the time and place set for the hearing on his or her appeal.
B. The right to appeal to the City Council from the denial, suspension or revocation of any
permit required by this chapter shall terminate upon the expiration of fifteen (15) days
following the deposit of a certified letter in the United States Post Office advising the
applicant of the action of the City Manager and of his or her right to appeal such action to
the City Council.
C. The hearing shall be held within twenty (20) days of the receipt by City Clerk of the
appeal, or at the next regularly scheduled Council meeting, whichever is sooner.
D. The City Council of the City of Newport Beach may preside over the hearing on appeal
or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant
evidence and to submit to the City Council findings and recommendations to be considered
by the City Council of the City of Newport Beach. The City Council of the City of Newport
Beach shall render its decision within five days from the date of the hearing or, in the event
that a hearing officer has been appointed, within five days on which the City Council
receives the findings and recommendations of the hearing officer. The decision of the City
Council shall be final, (Ord. 95-17 § 2 (part), 1995)
5.28.090 Exceptions.
The provisions of this chapter shall apply prospectively and shall not operate to revoke any
valid live entertainment permit in effect as of the date of the ordinance codified in this
chapter. The provisions of this chapter shall not be deemed to require an entertainment
permit for the following:
A. For the use of a radio, record player, juke box or television receiver in any
establishment;
B. For the use of a nonelectronic piano or organ in any establishment;
C. For entertainment conducted pursuant to a permit issued under Chapter 11.03 of this
Code. (Ord. 99-2 §§ 3, 10, 1999: Ord. 97-12 § 4, 1997: Ord. 95-17 § 2 (part), 1995: Ord. 95-
9 § 2, 1995)
Editor's Note: The deletion of Section 5.28.090(C) in Section 3 of the ordinance codified in
this section shall only apply to new businesses operating as private clubs. All private clubs
where admission is not open to the public, lawfully in existence as of the date of adoption of
said ordinance shall remain exempt from the provision of this chapter. The City Council
finds that all other amendments adopted by said ordinance are declarative of existing law.
5.28.100 Permits and Fees Not Exclusive.
Fees and permits required by this chapter shall be in addition to any license, permit or fee
required under any other chapter of this Code. (Ord. 95-17 § 2 (part), 1995)
5.28.110 Public Nuisance.
Notwithstanding any other provision of this Code, a violation of the provisions of this chapter
shall not constitute a misdemeanor or infraction, b.ut shall be enforced by appropriate action
filed in the Superior Court. A violation of this chapter, or any provision of this chapter is
hereby declared to constitute a public nuisance and, as such, may be abated or enjoined
from further operation. (Ord. 99-2 § 4, 1999: Ord. 96-5 § 4, 1996: Ord. 95-17 § 2 (part),
1995: Ord. 95-9 § 2, 1995)
Sections:
5.32.010
5.32.020
5.32.030
5.32.035
5.32.040
5.32.050
5.32.060
5.32.070
5.32.080
5.32.090
5.32.100
5.32.110
Chapter 5.32
CAFE DANCES*
Definitions.
Permit Required for Cafe Dance.
Dance Floor Area Minimum Size.
Restricted Hours of Operation.
Application for Permit.
Issuance of Permit —Investigation.
Revocation of Permit.
Appeals from Action of City Manager.
Review by City Council.
Prohibited Dancing.
Exceptions.
Licenses and Fees Not Exclusive.
Public dancing hours —See Chapter 11.02.
5.32.010 Definitions.
Cafe Dance. The term "cafe dance" shall mean any dance which is open to the public
without the payment of an admission fee, which is conducted in a restaurant, cafe, night
club, bar, coffee house, or other place where food or beverages are sold for consumption
on the premises.
City Manager. The term "City Manager" shall mean the City Manager of the City of Newport
Beach or his authorized representative.
Dance Hall. The term "dance hall" shall mean a place open to the public upon payment of
an admission fee where music is provided and people are allowed to dance.
Private Dance. The term "private dance" shall mean a dance which is limited to those
persons individually invited and for which no admission charge is made, or a dance
conducted by a bona fide club, church, society or association having an established
membership when admission to the dance is not open to the public generally, but is limited
to members and their guests. (Ord. 1053 (part), 1963: 1949 Code § 4300)
5.32.020 Permit Required for Cafe Dance.
No person shall conduct, allow or permit a cafe dance on any premises under his
ownership, management or control without first having obtained a permit from the City
Manager as hereinafter provided. (Ord. 1053 (part), 1963: 1949 Code § 4302)
5.32.030 Dance Floor Area Minimum Size.
No cafe dance permit shall be issued for any establishment having less than the following
prescribed area set aside and reserved exclusively for dancing, such area to be exclusive of
hallway space:
A. Two hundred (200) square feet of dance floor where the seating capacity is not more
than fifty (50) persons.
B. Three hundred (300) square feet of dance floor where the seating capacity is not more
than seventy-five (75) persons.
C. Four hundred (400) square feet of dance floor where the seating capacity is in excess
of seventy-five (75) persons. Provided, however, that such permit may be issued where less
space is available upon an affirmative finding by the City Manager or by the City Council, as
the case may be, that the area reserved for dancing is separate from the general seating of
the patrons and the physical arrangement of the establishment in other respects is such that
the lesser space would provide adequate room for dancing. (Ord. 1053 (part), 1963: 1949
Code § 4303)
5.32.035 Restricted Hours of Operation.
No person shall operate, or permit the operation of, a cafe dance or dance hall between the
hours of 2:00 a.m. and 6:00 a.m. (Ord. 89-21 § 1, 1989)
5.32.040 Application for Permit.
Applications for cafe dance permits shall be filed with the City Manager on forms supplied
by the City, together with an application fee as established by resolution of the City Council.
The application shall be signed and verified by the applicant and shall contain such
information as may be deemed necessary by the City Manager. The City Manager may
require that the applicant be fingerprinted. (Ord. 1738 § 9, 1977: Ord. 1676 § 5, 1976: Ord.
1620 § 7, 1975: Ord. 1568 § 7, 1974: Ord. 1053 (part), 1963: 1949 Code § 4304)
5.32.059 Issuance of Permit —Investigation.
Upon receiving an application for a cafe dance permit, the City Manager shall cause an
investigation to be made of the applicant and his employees and the place where the cafe
dance is to be held. If the City Manager determines that the applicant and those persons
associated with him in the conduct of the business are of good moral character, that the
place where the cafe dance is to be presented is suitable for dancing, and that the granting
of such permit will not be detrimental to the public safety and welfare, he shall issue a
nontransferable permit for such cafe dance. If the City Manager determines that the
application does not satisfy the requirements, he shall deny the application. If the
application is denied, the applicant shall be notified in writing of such denial and of his right
of appeal to the City Council. Service of the notice may be made by personal service or by
registered mail. If service is made by mail, it shall be deemed complete upon deposit of the
letter in the United States Post Office directed to the applicant at his latest address
appearing on the application. (Ord. 1053 (part), 1963: 1949 Code § 4305)
5.32.060 Revocation of Permit.
The City Manager may revoke any permit issued under the provisions of this chapter on any
of the following grounds:
A. The permittee has ceased to meet any of the requirements for issuance of a permit;
B. The establishment for which the permit was issued is being operated in an illegal or
disorderly manner;
C. Music or noise from the establishment for which the permit was issued interferes with
the peace and quiet of the neighborhood;
D. The permittee or any person associated with him as principal or partner, or in a position
or capacity involving total or partial control over the establishment for which the permit was
issued, has been convicted of a criminal offense involving moral turpitude. (Ord. 1053 (part),
1963: 1949 Code § 4306)
5.32.070 Appeals from Action of City Manager.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager
in issuing, failing to issue, suspending or revoking any permit under this chapter, such
applicant may appeal to the City Council by filing with the City Clerk a statement addressed
to the City Council setting forth the facts and circumstances regarding the action or failure to
act on the part of the City Manager. The City Clerk shall notify the applicant in writing by
registered mail of the time and place set for hearing his appeal. The City Council at its next
regular meeting held not Tess than five days from the date on which such appeal shall have
been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant
evidence and shall determine the merits of the appeal. The City Council may sustain,
overrule or modify the action of the City Manager, and the decision of the City Council shall
be final.
The right to appeal to the City Council from the denial, suspension or revocation of any
permit required by this chapter shall terminate upon the expiration of fifteen (15) days
following the deposit of a registered letter in the United States Post Office advising the
applicant of the action of the City Manager and of his right to appeal such action to the City
Council. (Ord. 1053 (part), 1963: 1949 Code § 4307)
5.32.080 Review by City Council.
The City Council may, on its own motion, hold a hearing for the purpose of reviewing any
action or failure to act upon the part of the City Manager in issuing, failing to issue,
suspending or revoking any permit under this chapter. The City Clerk shall cause written
notice of the time, place and purpose of the hearing to be sent to the applicant or permittee
by registered mail at least five days prior to the date set for the hearing. After the conclusion
of the hearing, the City Council may sustain, overrule or modify the action of the City
Manager and the decision of the City Council shall be final. (Ord. 1053 (part), 1963: 1949
Code § 4308)
5.32.090 Prohibited Dancing.
It shall be unlawful for any person to dance in any establishment which does not hold a cafe
dance permit as required by this chapter after being ordered to refrain from dancing by the
owner, lessee, manager or other person in charge of such establishment or by any police
officer. (Ord. 1053 (part), 1963: 1949 Code § 4309)
5.32.100 Exceptions.
This chapter shall not apply to dance halls or private dances as defined in Section 5.32.010.
(Ord. 1053 (part), 1963: 1949 Code § 4301)
5.32.110 Licenses and Fees Not Exclusive.
Fees and permits required by this chapter shall be in addition to any license, permit or fee
required under any other chapter of this Code. (Ord. 1053 (part), 1963: 1949 Code § 4310).
20.48 Standards for Specific Land Uses
B. Permit requirements. Adult -oriented businesses shall obtain a permit in compliance
with Municipal Code Chapter 5.96 (Adult -Oriented Business) before any other permit is
issued (e.g., building permit, development permit, etc.).
C. Location restrictions. Adult -oriented businesses shall maintain the following separation
requirements, except that in the OA zoning district only the separation between adult -
oriented businesses shall apply.
1. 500 feet from the boundary of any residential zoning district or residential use,
including residential uses in mixed -use zoning districts; or
2. 1,000 feet from any lot upon which there is properly located a religious institution,
public beach or park, school or City facility, including but not limited to City Hall,
and Newport Beach libraries, police, and fire stations; or
3. 500 feet from another adult -oriented business.
D. Measurement. The distance of separation shall be measured using a straight line,
without regard to intervening structures or objects, from the zoning district boundary line
or the property line of the lot on which the adult -oriented business is located to the
nearest property line of the lot upon which is located a residential use, religious
institution, park, or school. If the residential use, religious institution, park or school is
located on the same lot as the adult -oriented business, the distance between the two
shall be measured in a straight line between the front doors of each use without regard
to intervening structures or objects.
12:0 4am30.4!Alcdhol:Sales 4'
The purpose of this Section is to preserve a healthy and safe environment for residents and
businesses by establishing a set of consistent standards for the safe operation of retail alcohol
sales establishments. It is recognized that hospitality, entertainment, recreation and related
businesses are a significant part of the City's economy, and that alcoholic beverage sales are
important to the operation of these businesses. It is also recognized that alcohol abuse can
create environments that jeopardize the continued success of these businesses and seriously
affect the health, safety, and general welfare in surrounding areas, particularly residential
neighborhoods.
This Section is intended to prevent alcohol -related problems (e.g., driving under the influence,
alcohol abuse, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic,
noise, traffic violations, illegal parking, defacement and damaging of public and private property,
etc.). This Section provides regulations to reduce the costly and harmful effects of irresponsible
alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law
enforcement, medical care, and educational, preventive, treatment and rehabilitation resources.
A. Operating standards.
1. Alcohol consumption on premises prohibited. Consumption of alcoholic
beverages inside a retail alcohol sales establishment, outside the building, or
elsewhere outside on the premises shall be prohibited.
2. Sales activities. Alcoholic beverages shall not be sold:
a. Outside the exterior walls of the alcohol sales establishment;
Newport Beach Zoning Code, Title 20 October 26, 2010
Standards for Specific Land Uses 20.48
b. From drive -up or walk-up service windows; or
c. To persons in watercraft.
3. Litter and graffiti. The owner/operator shall:
a. Maintain the exterior of the premises, including signs and accessory
structures, free of litter and graffiti at all times;
b. Provide for daily removal of trash from the premises and abutting
sidewalks or alleys within 20 feet of the premises ; and
c. Remove graffiti within 48 hours of written notice from the City.
4. Security. The review authority may require the alcohol sales establishment to
provide security personnel, security programs, and/or surveillance devices.
5. Sales training.
a. Personnel. Owners, operators, servers, vendors, and persons selling
alcoholic beverages shall complete a Licensee Education on Alcohol and
Drugs (LEAD) program sponsored by the Department of Alcohol
Beverage Control.
b. Records. Records of each owner's, operator's, server's, vendor's, and
employee's successful completion of the LEAD training program shall be
maintained on the premises and shall be presented to a representative of
the City upon request.
6. Outdoor storage. The outdoor storage of boxes, equipment, materials,
merchandise, and other similar items shall be prohibited.
7. Conditions of approval. The owner/operator shall maintain a copy of the most
recent City permit, conditions of approval, and operating standards on the
premises and shall post a notice that these are available for review on the
premises. The posted copy shall be signed by the permittee.
8. Public telephones. Upon request of the Police Chief or as required by the ABC,
a public telephone located on the premises or in an adjacent area under the
control of the owner/operator shall be equipped with devices or mechanisms that
prevent persons from calling into that public telephone.
B. Development standards.
1. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the
following shall apply:
a. Window signs shall not obstruct the view of the interior of the premises,
(e.g., sales counter, cash register, employees, customers, etc.) from the
exterior.
October 26, 2010 Newport Beach Zoning Code, Title 20
20.48 Standards for Specific Land Uses
b. Loitering, open container, and other signs specified' by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
2. Site and floor plans. The site and floor plans of an alcohol sales establishment
shall incorporate design features to reduce alcohol -related problems. The review
authority may require the incorporation of preventive design features (e.g.,
openness to surveillance and control of the premises, the perimeter, and
surrounding properties; reduction of opportunities for congregating and
obstructing public ways and neighboring property; illumination of interior and
exterior areas; and limiting furnishings and features that encourage loitering and
nuisance behavior, etc.).
C. Permit requirements.
1. New permits. Owners or operators of alcohol sales establishments shall submit
applications for permits and licenses required by Municipal Code Title 5
(Business Licenses and Regulations),In addition, permits required by Part 2
(Zoning Districts, Allowable Land Uses, and Zoning District Standards) shall also
be required. All required permits and licenses shall be obtained prior to
commencement of the use.
2. Amended permits. Owners or operators of existing alcohol sales establishments
shall be required to submit an application for an amendment to an existing permit
in any of the following circumstances:
a. Substantial change. When there is a substantial change in operation
including any of the following:
(1) A change in type of retail liquor license from the Department of
Alcoholic Beverage Control;
(2) An increase in the floor area or shelf space principally devoted to
alcohol sales by 25 percent or more or by 250 square feet or
more, whichever is less; or
(3)
A reinstatement of alcohol sales after the ABC has revoked or
suspended the existing ABC license for a period of longer than 30
days.
b. Objectionable conditions. When the establishment is operated or
maintained under objectionable conditions that constitute a public
nuisance, including any of the following:
(1)
A pattern of documented violations of the permit conditions, this
Zoning Code, the Municipal Code, the Penal Code, or other State
statutes; or
(2) A pattern of substantiated complaints of activity constituting
evidence of a nuisance.
3. Required findings. Prior to approval of a new or amended permit for an alcohol
sales establishment, the review authority shall find that the use is consistent with
the purpose and intent of this Section. This finding shall be in addition to the
Newport Beach Zoning Code, Title 20 October 26, 2010
Standards for Specific Land Uses 20.48
findings required by Section 20.52.020 (Conditional Use Permits and Minor Use
Permits). In making the required finding, the review authority shall consider the
following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas .in the City.
b. The numbers of alcohol -related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship,
schools, other similar uses, and any uses that attract minors.
d. The proximity to other establishments selling alcoholic beverages for
either off -site or on -site consumption.
e. Whether or not the proposed amendment will resolve any current
objectionable conditions. •
4. Post -decision procedures.
a. Time limits. Notwithstanding the time limits in Section 20.54.060 (Time
Limits and Extensions), an approved permit for an alcohol sales
establishment shall expire within 12 months from the date of approval
unless the California Department of Alcoholic Beverage Control issues or
transfers the ABC license before the permit expiration date.
b. Extension of time. The review authority may grant a time extension for a
permit for an alcohol sales establishment for a period not to exceed 12
months. An application for a time extension shall comply with Section
20.54.060 (Time Limits and Extensions).
c. Revocation. The review authority may revoke a permit for an alcohol
sales establishment, upon making one or more of the following findings
in addition to the findings required in Subsection 20.68.050.B
(Revocations or changes):
(1) The establishment is being operated in an illegal or disorderly
manner.
(2) Noise from the establishment violates Section 20.30.080 (Noise).
(3) The establishment fails to fully comply with the rules, regulations,
and orders of the California Department of Alcoholic Beverage
Control (ABC), including a violation of, or failure to maintain, a
valid ABC license.
d. Discontinuance. A permit for an alcohol sales establishment shall expire
if the use is discontinued for 90 consecutive days or if the ABC license for
the establishment is revoked or transferred to a different location.
October 26, 2010 Newport Beach Zoning Code, Title 20
20.48 Standards for Specific Land Uses
2. Aminimum 8-foot high solid decorative wall shall be constructed on each lot line
that adjoins a residentially zoned or occupied parcel. The design of the wall and
the proposed construction materials shall be subject to the approval of the
Director. A minimum 5-foot landscaping strip shall be provided between the wall
and any driveway.
2,0`ti4&;090 - Eating and Drinking Establishments
This Section provides standards for the establishment and operation of eating and drinking
establishments.
A. Standards — all eating and drinking establishments.
1. Outdoor activities. Activities shall be conducted entirely within an enclosed
structure, except for the following, which shall not be located between the activity
and the side of a structure adjacent to a residential zoning district.
a. The checking of patrons' identification;
b. Valet parking activities;
c. Outdoor dining when in compliance with the standards in Subsection D
(Standards -outdoor dining), below.
d. Outdoor smoking areas in compliance with State law.
e. Queuing of patrons which shall be managed to:
(1) Allow pedestrian passage on the sidewalk; and
(2) Not be adjacent to residential zoning districts and residential uses.
2. Outdoor storage. Outdoor storage of boxes, equipment, materials,
merchandise, and other similar items shall be allowed if the storage area is:
a. Screened from public view, subject to the Director's approval; and
b. Dedicated for storage only, provided that the dedicated area shall not
occupy required parking spaces or open space areas.
3. Solid waste storage. The review authority may require storage areas and
receptacles that are in addition to the requirements for solid waste storage areas
in Section 20.30.120 (Solid Waste and Recyclable Materials Storage).
B. Standards — on -sale alcohol sales.
1. Operational standards. In addition to the standards in Subsection A above, the
following standards shall apply to eating and drinking establishments that sell,
serve, or give away alcohol:
Newport Beach Zoning Code, Title 20 October 26, 2010
Standards for Specific Land Uses 20.48
a. Sales activities. Alcoholic beverages shall not be sold, served, or given
away:
(1) Outside of the exterior walls of the eating and drinking
establishment, except for approved outdoor dining areas;
(2) From drive -up or walk-up service windows; or
(3) To persons in watercraft.
b. Litter and graffiti. The owner/operator shall:
(1) Maintain the exterior of the premises, including signs and
accessory structures, free of litter and graffiti at all times;
(2) Provide for daily removal of trash, from the premises and abutting
sidewalks or alleys within 20 feet of the premises; and
(3)
Remove graffiti within 48 hours of written notice from the City.
c. Security. The review authority may require the eating and drinking
establishment to provide security personnel, security programs, and/or
surveillance devices.
d. Sales training.
1. Owners, operators, servers, vendors, and persons selling, serving,
or giving away alcoholic beverages shall complete a Licensee
Education on Alcohol and Drugs (LEAD) program sponsored by
the Department of Alcohol Beverage Control.
2. Records of each owner's, operator's, server's, vendor's, and
employee's successful completion of the LEAD training program
shall be maintained on the premises and shall be presented to a
representative of the City upon request.
e. Conditions of approval. The owner/operator shall maintain a copy of the
most recent City permit conditions of approval on the premises and shall
post a notice that these are available for review on the premises. The
posted notice shall be signed by the permittee.
f. Public telephones. Upon request of the Police Chief or as required by
the ABC, a public telephone located on the premises or in an adjacent
area under the control of the owner/operator shall be equipped with
devices or mechanisms that prevent persons from calling into that public
telephone.
2. Development standards.
a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards)'. In
addition, the following shall apply:
October 26, 2010 Newport Beach Zoning Code, Title 20
20.48 Standards for Specific Land Uses
(1) Window signs shall not obstruct the view of the interior of the
premises, (e.g., sales counter, cash register, employees,
customers, etc.) from the exterior.
(2) Loitering, open container, and other signs specified by the
Alcoholic Beverage Control Act shall be posted as required by the
ABC.
b. Site and floor plans. The site and floor plans of an eating and drinking
establishment that sells, serves, or gives away alcohol shall incorporate
design features to reduce alcohol -related problems. The review authority
may require the incorporation of preventive design features (e.g.,
openness to surveillance and control of the premises, the perimeter„ and
surrounding properties; reduction of opportunities for congregating and
obstructing public rights -of -way and neighboring property; illumination of
interior and exterior areas; and limiting furnishings and features that
encourage loitering and nuisance behavior) and other safety features
(e.g., security, restrooms, additional exits, etc.).
C. Standards - noise control late -hour operations. To encourage appropriate patron
conduct, the owner/operator of an eating and drinking establishment that sells, serves,
or gives away alcohol shall post signs at clearly visible locations within the establishment
and at both on -site and off -site parking areas under the owner/operator's control. The
signs shall request patrons to keep noise to a minimum.
D. Standards - outdoor dining (including late -hour operations).
1. Public property. Outdoor dining on public property shall comply with Municipal
Code Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the
standards of the Public Works Department.
2. Private property. Outdoor dining on private property shall comply with the
following standards:
a. Barriers. Appropriate barriers shall be placed between outdoor dining
areas and parking, pedestrian, and vehicular circulation areas. Barriers
shall serve only to define the areas and shall not constitute a permanent
all-weather enclosure.
b. Associated elements. Physical elements (e.g., awnings, covers,
furniture, umbrellas, etc.) that are visible from public rights -of -way shall be
compatible with one another and with the overall character and design of
the principal structure(s).
E. Standards - bars, nightclubs, and lounges. Bars, nightclubs, and lounges shall
comply with the standards in Subsections A-D, above. In addition, the structure in which
the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior
noise is not audible beyond the lot line with the doors and windows closed.
Newport Beach Zoning Code, Title 20 October 26, 2010
Standards for Specific Laird Uses 20.48
F. Permit requirements.
1. New establishments. Permits and licenses required by Municipal Code Title 5
(Business Licenses and Regulations) shall be obtained for new eating and
drinking establishments, in addition to permits required by Part 2 (Zoning
Districts, Allowable Land Uses, and£Zoning District Standards).
2. Existing establishments. An existing eating and drinking establishment,
including bars, lounges, and nightclubs shall obtain permits and licenses required
by Municipal Code Title 5 (Business Licenses and Regulations) in the following
circumstances:
a. Substantial change. When there is a substantial change in operation
including any of the following:
(1) An application for, or a change in type of, retail liquor license from
the Department of Alcoholic Beverage Control;
(2) An increase in the floor area principally devoted to alcohol sales
by 25 percent or more or by 250 square feet or more, whichever is
less; or
(3)
A reinstatement of alcohol sales after the ABC has revoked or
suspended the existing ABC license for a period of longer than 30
days.
b. Objectionable conditions. When the establishment is operated or
maintained under objectionable conditions that constitute a public
nuisance, including any of the following:
(1)
A pattern of documented violations of the permit conditions, this
Zoning Code, the Municipal Code, the Penal Code, or other State
statutes; or
(2) A pattern of substantiated complaints of activity constituting
evidence of a nuisance.
3. Review criteria.
a. Late -hour operations. When reviewing an application to allow late -hour
operations, the review authority shall consider the following potential
impacts upon adjacent or nearby uses:
(1)
Noise from music, dancing, and voices associated with allowed
indoor or outdoor uses and activities;
(2) High levels of lighting and illumination;
(3) Increased pedestrian and vehicular traffic activity during late night
and early morning hours;
(4) Increased trash and recycling collection activities;
October 26, 2010 Newport Beach Zoning Code, Title 20
20.48 Standards for Specific Land Uses
(5) Occupancy loads of the use; and
(6) Any other factors that may affect adjacent or nearby uses.
b. Outdoor dining. When reviewing an application to allow outdoor dining,
the review authority shall consider the relation of outdoor dining areas to
sensitive noise receptors (e.g., hospitals, schools, and residential uses).
Mitigation measures shall be applied to eliminate potential impacts related
to glare, light, loitering, and noise.
c. On -sale alcohol sales. When reviewing an application to allow an eating
or drinking establishment to sell, serve, or give away alcohol, the review
authority shall:
(1)
Evaluate the potential impacts upon adjacent uses outlined in
Subparagraph a (Late -hour operations), above. For the purposes
of this Subparagraph, "adjacent uses" shall mean those uses
within 100 feet of the proposed use, as measured between the
nearest lot lines;
(2) Consider the proximity to other establishments selling alcoholic
beverages for either off -site or on -site consumption; and
(3)
Make the findings in Subsection 20.48.030.C.3 (Alcohol Sales —
Off- Sale).
4. Post -decision procedures.
a. With on -sale alcohol sales. For establishments with permits for on -sale
alcohol sales, the post -decision procedures in Subsection 20.48.030.C.4.
shall apply.
b. Without on -sale alcohol sales. For establishments that do not sell,
serve, or give away alcohol, the procedures and requirements in Chapter
20.54 (Permit Implementation, Time Limits, and Extensions), and those
related to appeals in Part 6 (Zoning Code Administration) shall apply.
20.48.100 — Emergency Shelters
This Section provides standards for the establishment and operation of emergency shelters in
compliance with Government Code Section 65583.
A. Maximum number of beds. Each emergency shelter may have a maximum of 40 beds.
B. Parking. Off-street parking shall comply with Chapter 20.40 (Off -Street Parking) Non-
operational and unregistered vehicles shall not be kept on site. Towing shall be the
responsibility of the shelter operator.
418
Newport Beach Zoning Code, Title 20 October 26, 2010
Definitions 20.70
Independent access. An arrangement of dwelling units so that each dwelling unit has
an entrance directly into the unit that is separate from the entrance into another unit.
Dwelling Unit, Senior Accessory (Land Use). A dwelling unit accessory to and attached to,
detached from, or contained within, the principal dwelling unit on a site zoned for a single-family
dwelling. The unit is intended for the sole occupancy of 1 or 2 adult persons who are 55 years of
age or older. The floor area of the unit does not exceed 640 square feet.
"E" Definitions
Easement. A grant of one or more property rights by the property owner for use by the public,
or another person or entity. Examples include right-of-way easements, utility easements, or view
easements. Typically easements are recorded against real property by an instrument or
subdivision map. See "Right -of -Way."
Eating and Drinking Establishments (Land Use). See also "Alcohol Sales, On -Sale" and
"Drive -Through Facilities."
Accessory Food Service. A type of food service establishment that:
1. Sells food and/or beverages as an accessory use in a retail, office, or institutional
structure;
2. Does not change the character of the principal use;
3. Does not sell, serve, or give away alcoholic beverage;
4. Does not have an entrance separate from the principal use; and
5. Has hours of operation that are the same as those of the principal use.
Bar, Lounge, and Nightclub. An establishment that sells or serves alcoholic beverages
for consumption on the premises and is holding or applying for a public premise license
from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC
License Type 42 [On Sale Beer & Wine -Public Premises], ABC License Type 48 [On
Sale General -Public Premises], and ABC License Type 61 [On Sale Beer -Public
Premises]). Persons under 21 years of age are not allowed to enter and remain on the
premises. The establishment shall include any immediately adjacent area that is owned,
leased, rented, or controlled by the licensee.
Fast Food. An establishment whose design or principal method of operation includes
four or more of the following characteristics:
1. A permanent menu board is provided from which to select and order food;.
2. A chain or franchise restaurant;
3. Customers pay for food before consuming it;
4. A self-service condiment bar and/or drink service is/are provided;
October 26, 2010 Newport Beach Zoning Code, Title 20
Definitions
20.70
4. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream
and frozen dessert stores, small delicatessens, and similar establishments.
Take -Out Service Only. An establishment that offers a limited variety of food or
beverages and that has all of following characteristics:
1. Sales are for off -site consumption;
2. Seating is not provided for on -site consumption of food or beverages; and
3. Alcoholic beverages are not sold, served, or given away on the premises.
Economic Life. The period of time during which a structure may reasonably be expected to
perform the function for which it was designed or intended. For the purposes of this Zoning
Code, the economic life of a structure shall be 75 years.
Emergency Health Facility (Land Use). Establishments that provide emergency medical
service (Le., outside normal physician office hours or before a physician appointment is
available) with no provision for overnight or continuing care on an inpatient basis. Also includes
"urgent care" facilities and walk-in clinics. Does not include hospitals (see "Hospitals").
Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), a
facility with minimal supportive services for homeless persons.
Emergency Work. Work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by a natural or man-made disaster.
Encroachment. An intrusion of development on public property, on environmentally sensitive
lands, or into required setback areas.
Enlargement of Use. The expansion of a land use activity on a site or within a structure so that
the use/activity occupies more floor or site area than before the expansion.
Entertainment, Commercial. An establishment (indoors or outdoors) where entertainment is
provided for a fee for the pleasure of the patrons, either independent of or in conjunction with
another use.
Entertainment and Excursion Vessel. See ""Marine Services?
Environmental Assessment. A detailed statement that identifies the environmental effects and
considerations pertaining to a project as specified in the California Environmental Quality Act,
and may mean either a draft or a final EIR, or an Initial Study leading to a Negative Declaration.
Environmental Impact Report (EIR). An informational document used to assess the physical
characteristics of an area and to determine what effects will result if the area is altered by a
proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Establishment. A business.
October 26, 2010 Newport Beach Zoning Code, Title 20
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ICMA Press / PM Magazine / Archives
NOVEMBER 2010 • VOLUME 92 • NUMBER 10
COVER STORY
Got Nightlife? Manage Sociability as an
Economic Engine di
by Jim Peters and Alicia Lakomski
For almost two decades, the transition from suburban
development to investment of public and private
resources in city and county infrastructure has
demonstrated the power of the New Urbanism and
smart growth movements. Housing has grown denser,
public transportation has been enhanced and
streamlined, and improvements to public space design
and landscaping have increased the aesthetic appeal
of communities.
Yet when people with rapidly changing social
demands and lifestyles are added to the space created
for them, local government managers are forced to
reevaluate these traditional pillars of development. A
focus on planning for people and their need to
socialize is an emerging challenge for managers as
dining and entertainment venues as well as later
hours are integrated into residential areas.
The Rise of Nightlife in Mixed -Use Communities
Many communities have experienced a transition from an industry -based economy to one that is
primarily services based. Abandoned factories and warehouses have been replaced with lofts and such
nightlife venues as bars, clubs, lounges, and restaurants.
To tap into the revitalization catalyzed by the development of hospitality venues, boutique businesses
and start-up companies often relocate to districts with these social amenities. Convention centers draw
association business, filling up hotels and nearby restaurants. Downtown sport stadiums and arenas
have reclaimed abandoned districts. Communities that offer these "live, work, and play" experiences
can host tens of thousands of people in a single evening.
Anticipating people's need for
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social interaction at different
times of the day, and particularly
at night, is critical for the success
of a mixed -use community.
Properly planned and managed,
hospitality zones where people
gather to share food, drink, music,
and dancing can be a prosperous
investment, centralizing both
attractions and services.
Unplanned hospitality zones can
be costly, lead to conflicts, and
produce an excessive burden on
police and demands for appointed
and elected officials to manage
safety and quality -of -life impacts.
Considerations include
transportation, parking, utilities (water, energy, sewerage), and trash management to ensure that a
high standard of living is met for both visitors and residents. An expansive network of stakeholders is
required to create a comprehensive system for district development and management.
This article will introduce demographic trends, establish a framework for action, define terminology,
and highlight the six core elements of a hospitality zone -entertainment, public safety, multiuse
sidewalks, venue safety, late -night transportation, and quality of life.
Trends and the Social
Economy
Understanding the nature of
people to cluster into groups,
often seeking space conducive to
their life stage or lifestyle, leads to
insights on better zoning for the
intensity of activity in an area. In
addition to the critical aspects of
physical planning of a
community's core, it is necessary
to plan for social interaction.
Whether dealing with such public
spaces as parks and plazas or
commercial venues providing
dining and entertainment,
policymakers and planners need
to consider different social
generations' need for interaction.
Media of the last decade,
In this 50-minute seminar, PM author Jim Peters offers insights on trends
and effective strategies on managing hospitality zones and nighttime
economies.
Downtown San Jose
Nightlife 2.0
San Jose, California, reoriented its entertainment zone
policing model to improve safety budgets that had been
surpassing $1 million and introduce more visitor -friendly
policing tactics. Businesses share in policing costs that are
used for roving foot and bike patrols. Results have included
reductions in policing costs, assaults, and gang presence as
well as greater civility among patrons.
Background
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including television shows like
Seinfeld, Friends, and Sex and the
City, inspired a new culture of
urban living among friends, which
redefined socializing in stark
contrast to the family -oriented
environments depicted in the
earlier television shows like
Father Knows Best, Leave It to
Beaver, and Ozzie and Harriet.
Demographics
Birthrate data can often provide
clues to the past and present and
also serve as a barometer of the
future patterns in a community's
evolution. Age is often a factor in
the frequency that people go out
to meet and socialize. Two of the
critical ages are 18 and 50. The
age of 18 is a transition into
adulthood; 18-year-olds often go
away to college or enter the
workforce. The age of 50 is a time
when children are grown and
sometimes move away; it is also
usually a peak earning period of
an adult's life.
The chart on this page is based on
U.S. birthrate data, and it shows
patterns of of the U.S. population
turning 18 and 50 since the
1970s, when the rise in the
number of young adults led to the
expansion of the disco nightlife
scene. Meanwhile, the past
decade shows a merging of the
two age groups' growth rates.
During the past 20 years, San Jose's downtown core has
emerged into a vibrant destination with a high concentration
of dining and entertainment establishments catering to the
21- to 25-year-old demographic. Entertainment zone police
officers worked overtime hours to monitor the district,
respond to incidents, and generally ensure the safety of large
crowds of late -night patrons —up to 12,000 people —as they
made their way home.
In 1997, the city council approved the city's first
entertainment zone policing model to address public safety
downtown during the evening and late -night hours. In 2005, a
downtown working group was formed to address issues
related to nightlife. In 2006, the police department instituted
initiatives to deter cruising, address youth curfew, actively
enforce public nuisance laws, and regulate entertainment
permits more closely.
Although it is consistently ranked as one of the safest large
cities in the nation, San Jose is still seeking to overcome
lingering perceptions surrounding safety downtown and to
minimize police costs further.
•
Initiatives Undertaken
Downtown coordinator. In 2008, the city allocated a position
in the city manager's office to serve as liaison between city
government departments, downtown businesses, and
residents. The downtown coordinator position is responsible
for analyzing current policies and ordinances and
recommending areas for change and improvement. The
objective of this position is to strengthen the city's capacity to
address key operational issues and opportunities in the
downtown that involve several city departments that are
responsible for nightclubs, zoning overlay, and successful
high-rise housing.
City manager's downtown advisory committee.
Recognizing that accomplishing the city's goals would require
successful partnerships, the city manager established a
downtown advisory committee to guide this process. The
committee is charged with facilitating implementation of
action items recommended in a report generated by a
hospitality zone assessment.
Further, the committee, with staff support from the downtown
coordinator, reviews and evaluates new and existing policies.
The composition of the committee encompasses all
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i yr
Gyr
stakeholders in the downtown community and those who
participated in the assessment outreach process.
New entertainment zone policing model (EZPM). In 2009,
the city began to reevaluate the way police patrolled
downtown. The city's downtown coordinator led a small
working group consisting of the police department, city
attorney's office, downtown businesses, and an outside
consultant to facilitate interviews, observations, and
community meetings on what would help downtown
businesses succeed.
EZPM is focused on attitude, training, and collaboration. The
police department's downtown services unit uses bikes and
plainclothes officers to work with businesses in the early part
of the night. The city requires all nightlife business employees
to attend Alcoholic Beverage Control LEAD (Licensee
Education on Alcohol and Drugs) server training, and security
staff members are required to attend 16 hours of security
training. Police officers who work downtown are also
required to attend specialized training.
This new model has helped the police department and
downtown businesses to collaborate to address new and
ongoing issues.
riLeland Wilcox, downtown coordinator, San Jose,
California (lee.wilcox@sanjoseca.gov)
t ittiljor at 9D And fU Yoe Okit
k�upv isth i Ghxin c tig ttaa„r
'f' Y e d,e 4' M�{i
Source: U.S. Department of Health and Human Services - U.S. Birth Rates
This simultaneous growth in the two population groups corresponds with the competing demands of
these two groups for the vitality and amenities of the urban community. Conflicts can arise from the
two different times of day during which they patronize dining and entertainment districts —the 50+
market tends to enjoy hospitality before 10 p.m., while the 18+ market only begins to arrive at 10 p.m.
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or later.
Social Generations
Lifestyles and social interaction can often be correlated with age and life stage. While this represents a
broad generalization, understanding the essential needs of people and the demographics of your local
government, district, or the markets you are trying to build can determine the best mix of dining,
entertainment, and events.
Integrating potential social interaction into revitalization and development planning can result in a
stronger and more vibrant social economy, with less impact on city and county resources for
management. The major question then is: How well does your community meet the needs of each
generation?
Assessing Your Community's Sociability. Conducting an economic assessment of dining and
entertainment businesses is the first step in strategic planning by local government for issuing permits
and licenses and allocating resources for an active nightlife.
Hospitality Zone Development. The terms mixed -use district and multiuse district traditionally
describe the blend of residential, commercial, and retail development within a particular location. A
hospitality zone, meanwhile, is an area of mixed or multiple uses that is distinguished by a high
concentration of dining and entertainment businesses such as restaurants, pubs, taverns, cafes, and
nightclubs. A hospitality zone often has an active street life and may serve as a center for community
fairs, festivals, and events.
Recognizing that hospitality zones evolve and change over time is also key to proper planning of the
social economy. Emerging zones where creative culinary entrepreneurs seek low -rents in deserted
warehouse districts can be nurtured with infrastructure improvements, expedited permitting and
licensing, and zoning updates for the new development.
Integrating dining and entertainment venues into mixed -use districts can be coordinated strategically.
Questions to ask include:
■ What are current and potential areas for growth and development in your community?
■ Where is there overconcentration?
■ What systems exist for maintaining a balance of businesses to meet day, evening, and late -night economies?
At the same time, a declining district with an
overconcentration of businesses engaging in risky
practices and promotions requires a tightening of
permits, higher standards for new businesses, and more
dedicated resources for increasing compliance.
Sociable communities provide spaces to socialize that
appeal to all four social groups' interests and also
address the stages of development and six core
elements of a safe and vibrant hospitality zone.
1. Entertainment. Progressive communities nurture
dining and entertainment opportunities for diverse
ages, lifestyles, and cultures with incentives for
SINGLES
MINGLES
Individuals in their late Older singles, couples,
teens and early and social groups of
twenties who are any age with a
exploring common interest.
relationships.
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Page 6 of 9
business development and talent retention.
What barriers to dining and entertainment exist and how
can they be minimized? What support systems for
example, subsidized housing and health care for
musicians —are in place, need to be enhanced, or need to
be developed? What education and training are available
for talent development for musicians, chefs, bartenders,
servers, management?
2. Public safety. A continuum of collaborative
partnerships —ranging from business associations, to
neighborhood organizations, to licensing, permitting,
enforcement, and regulatory agencies —is required to
manage hospitality zones.
What resources exist or need improvement in the
licensing and permitting process? How can safety and compliance agencies in your city and county work
together to streamline initiatives?
3. Multiuse sidewalks. Vitality and vibrancy extend outside of buildings to the streets and sidewalks,
and they encompass such experiences as sidewalk cafe dining, kiosks, food vendors, street
entertainers, and public markets.
FAMILIES
Introduction of
children into couple
relationships requires
adjustment to going
out.
JINGLES
Business travelers on
expense accounts,
vacationers, and
empty nesters.
What is your vision to enhance vitality and minimize chaos on your hospitality zone's streets and
sidewalks? What systems, tools, resources, and people will you need to initiate desired changes?
4. Venue safety. There is increased pressure for licensed beverage businesses to prevent sales and
service to underage and intoxicated persons as well as assure the safety of patrons both inside the
venues and as they exit.
What impediments exist for venues to access qualified labor and educational training? How can your
community assist businesses in the creation of a safety plan and connect business owners to mentors?
5. Late -night transportation. Providing safe and efficient access to and exit from hospitality zones
can enhance the visitor experience, reduce alcohol -related accidents, and expedite clearing the zone at
bar -closing time.
What challenges does your community face in providing safe rides to and from the hospitality zone? How
can impaired driving and disorderly conduct be addressed through multiple transit options?
6. Quality of life. Mixed -use districts place residents and commercial businesses in close proximity,
often resulting in conflicts about noise, trash, vandalism, fights, and public urination.
What resources and partners need to be engaged to update codes and to define community standards
that address sound management and undesired behaviors?
Contrary to common belief, the key component for each element's success is not infrastructure or
system changes. It is people. In the end, it is people who will enjoy a hospitality zone's vibrancy, and it
is the communication and cooperation among various stakeholders who will facilitate implementation
of necessary changes and ensure sustainability.
Planning for People
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The "people factor" creates
dynamically different impacts in a
bookstore and a restaurant, even
though each might take up the
same square footage. While the
bookstore may have 10 to 15
customers and three to four
employees present at any one
time, the restaurant may host 100
customers with 10 to 20
employees.
Contemporary planning usually
specifies in great detail the
physical space and the structures,
but it only implies the addition of
people. Highlighting the 3,000
housing units to be built can be
translated to approximately 7,000
people located in this
concentrated residential area.
Showcasing 100,000 square feet of retail space can include reference to 20 new dining and
entertainment venues, with total seating capacity (occupancy) of 15,000 people, many in the area in
the evening and after 10 p.m.
For these reasons, planning for a concentrated hospitality zone requires involvement of many diverse
and often adversarial stakeholders, including business owners; residents; police; fire personnel; and
staff who regulate alcohol sales, public works, planning, health, and more. The late -night and weekend
hours mean that adaptation of such local government services as trash removal, transportation, traffic
and parking control, and safety compliance inspections is required.
This may require staff dedicated to manage the nighttime economy. Seattle, Washington; San Jose,
California; and Edmonton, Alberta, Canada, are among those cities with a downtown or nightlife
coordinator serving as a liaison among the key stakeholders, identifying gaps in service, resolving
conflicts, and setting proactive schedules for planning. (See the accompanying case study about San
Jose, California.)
Finally, with changing demographics, it is important for local government managers to consider time
and generational continuums as well as use of office, retail, and residential space. The inherent value of
smart growth planning is that less time is spent commuting. In turn, with efficient public
transportation and less distance traveled, this time savings can be translated to more community time,
which is often spent socializing with coworkers, families, and friends, and thus more demand for
nightlife.
Adapting traditional zoning, licensing, and permitting systems to the smaller, more flexible, and
consumer -oriented businesses is one way local government managers can enhance this industry
sector. A new form of concierge governance designed with streamlined systems presenting a "how can
we help you succeed" attitude can facilitate progress.
Steps to Managing the Nighttime Economy
Conduct an Economic Assessment: To strategically allocate
resources to an active nightlife and determine how many
permits and licenses to issue, take an inventory of existing
social amenities, occupancy totals and revenue generated
within the hospitality zone.
Identify Gaps and Resources: Assess how well your
community currently meets the social needs of each
generation by identifying strengths, gaps and resources in the
following areas - entertainment, multiuse sidewalks, quality
of life, late -night transportation, venue safety and public
safety.
Dedicate Staff: Select a neutral individual as a nightlife
coordinator who will oversee planning and management of
your hospitality zone. They will serve as a liaison among key
stakeholders to communicate key information, resolve
conflicts and facilitate implementation of next steps.
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Final Thoughts
Every community has buildings, streets, sidewalks, lights, and parks. What distinguishes one
community from another are the people and the opportunity to share food, drink, music, and dance in
safe and convenient venues. It is the social connectivity and relationships that make life worth living
and that define a vibrant community.
Sociable cities attract conventions, tourists, residents, and a creative class of talented professionals
who provide an economic base that helps emerging industries that are clean and sustainable. Planning
for people in a 24/7 economy requires adaptation and efficient management of resources through
common vision, communication, and collaboration.
Jim Peters is president, Responsible Hospitality Institute, Santa Cruz, California
(jim@rhiweb.org), and Alicia Lakomski is project manager, Responsible Hospitality Institute
(alicia@rhiweb.org). All rights reserved.
Learn about the benefits of joining ICMA and receiving PM magazine as part of your benefits package. To subscribe to PM,
call 202/289-ICMA (202/289-4262) or e-mail bookstoremanager@icma.org.
SOLAR AMERICA
' ; COMMUNITIES
International City/County Management Association
777 North Capitol Street NE, Suite 500
Washington, DC 20002-4201
202.289.ICMA 1 fax 202.962.3500
You'
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Department of Alcoholic Beverage Control
COMMON ABC LICENSE TYPES
AND THEIR BASIC PRIVILEGES
State of California
BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed
premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for
consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide
eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under
specified conditions (Section 23357.3). Minors are allowed on the premises.
WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license
authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold.
Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the
premises in a bona fide eating place that is located on the licensed premises or on premises owned by the
licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess
wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating
place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are •
allowed on the premises.
OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off
the premises where sold. Minors are allowed on the premises.
OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for
consumption off the premises where sold. Minors are allowed on the premises.
SMALL BEER MANUFACTURER - (Brew Pub or Micro -brewery) Authorizes the same privileges and
restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro -brewery
is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers,
although some do have a restaurant or pub on their manufacturing plant.
ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where
enlrl Nn wince nr rlictillad enirite may hP nn Oho nro ni000 p..11 mo�l� ., r «o ..:« 1. r .., ., -
sandwiches or snacks must be available. Minors are allowed on the premises.
1L
ON SALE BEER & WINE — EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises (except
brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed
prernises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and
substantial sales of meals for consumption on the premises. Minors are allowed on the premises.
mow. „
42
ON SALE BEER & WINE — PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine
for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are
not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not
required.
47
•
ON SALE GENERAL — EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled
spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off
the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must
maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on
the premises. Minors are allowed on the premises.
48
ON SALE GENERAL — PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and
distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for
consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5
for exception, musicians). Food service is not required.
49
ON SALE GENERAL — SEASONAL - Authorizes the same privileges and restrictions as provided for a
Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the
license certificate.
ABC-616 (06-11)
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CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. No off -sale privileges. Food service is not required. Minors are
allowed on the premises.
52
VETERAN'S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only,
for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest
only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the
premises.
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SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club
licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests
only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the
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ON SALE BEER AND WINE — SEASONAL - Authorizes the same privileges as a Type 41. Issued for a
specific season. Inclusive dates of operation are listed on the license certificate.
.
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ON SALE BEER — SEASONAL - Authorizes the sale of beer only for consumption on or off the
premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license
certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises.
F s ��
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ON SALE BEER— PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for
consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors
are not allowed to enter and remain (warning signs required). Food service is not required.
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BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or
wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer
or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the
wine shall be lued in the ice of the overnight transient occupancy is not permitted. Minors are allowed on the premises.accommodation. Removal of wine
from the grounds
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ON SALE GENERAL — RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine
and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy
guests or their invitees. This license is normally issued to "suite -type hotels and motels, which exercise
the license privileges for guests' "complimentary" happy hour. Minors are allowed on the premises.
75
ON SALE GENERAL — BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits
for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the
sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the
premises.
f '
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BED AND BREAKFAST INN — GENERAL - Authorizes the sale of beer, wine and distilled spirits
purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for
consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the
alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation.
Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises.
ABC-616 (06-11)
SPECIAL EVENTS
The Department also issues licenses and authorizations for the retail sale of beer, wine and distilled spirits on a temporary basis
for special events. The most common are listed below. Other less common ones are found in Business and Professions Code
Section 24045.2, et seq.
SPECIAL DAILY BEER AND/OR WINE LICENSE - (Form ABC-221) Authorizes the sale of beer and/or wine for
consumption on the premises where sold. No off -sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety,
welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59, California Code of
Regulations)
DAILY ON SALE GENERAL LICENSE - (Form ABC-221) Authorizes the sale of beer, wine and distilled spirits for
consumption on the premises where sold. No off -sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety,
welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a candidate for
public office or a ballot measure or charitable, civic, fraternal or religious organizations. (Section 24045.1 and Rule 59.5 California
Code of Regulations)
CATERING AUTHORIZATION - (Form ABC-218) Authorizes Type 47, 48, 51, 52, 57, 75 and 78 licensees (and catering
businesses that qualify under Section 24045.12) to sell beer, wine and distilled spirits for consumption at conventions, sporting
events, trade exhibits, picnics, social gatherings, or similar events. Type 47, 48 and 57 licensees may cater alcoholic beverages at
any ABC -approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises.
All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event. At
all approved events, the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all
provisions of the ABC Act pertaining to the conduct of on -sale premises and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or permit, or both, as though the violation occurred on the licensed premises.
(Section 23399 and Rule 60.5 California Code of Regulations)
EVENT AUTHORIZATION - (Form ABC-218) Authorizes Type 41, 42, 47, 48, 49, 57, 75 and 78 licensees to sell beer, wine
and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee.
This property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior
approval of the local law enforcement agency. At all approved events, the licensee may exercise only those privileges authorized
by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on -sale premises
(including any license conditions) and violations of those provisions may be grounds for suspension or revocation of the licensee's
license or permit, or both, as though the violation occurred on the licensed premises. (Section 23399)
WINE SALES EVENT PERMIT - (Form ABC-239) Authorizes Type 02 licensees to sell bottled wine produced by the
winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax
exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC
for each event (Form ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code
Section 23399.6.
Note:
1. "Minor" means any person under 21 years of age.
2. Consult Section 25663(b) regarding age of employees in off -sale premises; consult Sections 25663(a) and 25663.5 regarding age of employees
in on -sale premises.
3. In certain situations, ABC may place reasonable conditions. upon a license, such as restrictions as to hours of sale, employment of designated
persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face
of the license. (Conditional licenses, Sections 23800-23805.)
4. Licensees whose license allows minors on the premises may have a "house policy" restricting minors from entering certain areas of the
premises or prohibiting minors in the premises during certain hours,
5. This handout.contains only abbreviated information. Contact your local ABC office for full information before doing anything which may
jeopardize your license. Also available from the ABC: Quick Summary of Selected ABC Laws (form ABC-608); Alcoholic Beverage Control
Act (complete laws); Rules & Regulations; and P-90 (describes privileges of non -retail licenses).
ABC-616 (06-11)
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