Ord 1976 - Amending Town Code section 29.10.225 and 29.30.310 and Adding Section 29.20.318 to Provide a Procedure for Limiting Hours of Operations of Establishments Serving Alcoholic Beverages in Cases where Use Permit Condition or Alcoholic Beverage PoliORDINANCE 1976
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTIONS 29.10.225 AND 29.20.310
AND ADDING SECTION 29.20.318 TO PROVIDE A PROCEDURE
FOR LIMITING HOURS OF OPERATIONS OF ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES IN CASES WHERE
USE PERMIT CONDITION OR ALCOHOLIC BEVERAGE POLICY IS VIOLATED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.10.225 is amended to read as follows:
Sec. 29.10.225. Grounds for determining that a nonconforming use is no longer lawful.
After the hearing the deciding body may declare a nonconforming use unlawful if
it finds that one (1) or more of the following grounds exist:
(1) That the nonconforming use is being, or has been exercised contrary to the
terms or conditions of the original approval; or any conditional use permit
issued under section 29.10.215;
(2) That the nonconforming use is so exercised as to be detrimental to the public
health or safety, or to be a nuisance. In determining whether a
nonconforming restaurant or bar violates this subsection, the deciding body
shall also apply the enforcement analysis contained in the Alcoholic Beverage
Policy.
(3) That a person has modified a nonconforming use without a use permit under
section 29.10.215, or has continued such modification after a permit therefore
has been denied.
SECTION II
Section 29.20.310 is amended to read as follows:
Sec. 29.20.310. Revocation or modification of a zoning approval.
The Planning Commission on its own motion or on the recommendation of the
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Planning Director, may, and if requested by the Council shall, hold a hearing to consider
modifying or revoking any zoning approval that has been granted pursuant to this Chapter
or any prior ordinance. Notice of the hearing shall be given in the same manner as for the
hearing of an application for zoning approval. Written notice of the hearing shall also be
mailed to any principals making use of, or relying upon, any such zoning approval not less
than five (5) days prior to the date of the hearing.
SECTION III
Section 29.20.318 is added to read as follows:
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 of the 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
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Manager's designee may limit the hours of operation of the establishment, up to and
including closure no later than 10 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 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.
SECTION IV
Section 29.20.743 is added to the Town Code as follows:
Sec. 29.20.743. Town Manager.
The Town Manager shall hold administrative hearings or designate a hearing officer
for such hearings as provided by this Chapter.
SECTION V
The restaurants with conditional use permits that serve alcoholic beverages and the
bars with conditional use permits shall comply with the provisions of the Alcoholic Beverage
Policy adopted by Council Resolution within twelve (12) months of the effective date of this
ordinance.
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SECTION VI
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause a summary to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on April 18, 1994 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 May 2, 1994.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THITN L GATOS
LOS GA S, CA
ATTEST:
CLERK OF THE TOWN OF aS GATOS
LOS GATOS, CALIFORNIA
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