Item 4 - Exhibit 06 - Late Night Entertainment PolicyTitle: Policy Regulating Late Night Entertainment I Policy Number: 1 -03
Effective Date: 6122116 1 Pages: 2
Enabling Actions: I -- -- I Revised Date:
Entertainment contributes to Los Gatos' vibrancy and adds to the richness of events and
gatherings, and shall not be regulated other than by Town Code. However, entertainment
occurring after 10 p.m. ( "late night entertainment ") can compromise the quality of life for Town
residents. Therefore, this policy has been created to establish a permitting process and
regulations for late night entertainment.
For the purposes of this policy, entertainment means any activity conducted for the primary
purpose of diverting or entertaining persons in a premises open to the general public. Such
entertainment may include, but shall not be limited to, live musical performances, instrumental
or vocal, dance acts, concerts, live shows, amplified music or sound, dancing, DJ, karaoke, jam
sessions, and/or other similar activities.
Late night entertainment is a discretionary privilege and is not to be construed to be a right of
development nor run with the land. The following provisions are intended to maintain and
enhance the continuing vibrancy and viability of the Town's public and commercial centers while
providing reasonable protections to residential neighborhoods in close proximity to those areas.
POLICY AND PROCEDURES
I. Review Processes for Establishments with Late Night Entertainment
1. A late night entertainment permit shall be issued be the Town Manager. The Town
Manager may refer any application for a permit to the Development Review Committee
for its consideration and determination, which may be appealed to Planning Commission
and Town Council. The Town Manager or other deciding body retains the right of
approval or denial of each application based on its merits.
2. In determining whether to approve or deny an application for a late night entertainment
permit, the following factors will be considered:
a. The proposed use of the property is essential or desirable to the public
convenience or welfare;
b. The proposed use will not impair the integrity and character of the zone;
EXHIBIT 6
Page: Policy Number:
Title: Policy Regulating Late Night Entertainment 2 of 2 1 -03
c. The proposed use would not be detrimental to public health, safety or
general welfare; and
d. The proposed use of the property is in harmony with the applicable
guidelines, zoning ordinances, and/or provisions of the general plan.
3. An application and permit for late night entertainment shall be subject to all
applicable requirements of the Town Code, and any permit issued pursuant to this
policy shall include the following conditions:
a. The applicant shall be responsible for ensuring that noise resulting from
the entertainment meets all applicable provisions of the Town's noise
ordinance. If noise complaints are received by Town Staff, the Town
reserves the right to require the applicant/permittee to hire a consultant to
monitor noise levels to ensure that noise levels are within the parameters
established by Town Code for the zone in which entertainment is
occurring.
b. Security measures, which may include the requirement that the applicant
employ private security personnel, shall be undertaken and established in
and around the entertainment venue to deter unlawful conduct or
disturbance to adjacent residential neighborhoods.
c. Additional appropriate conditions may be included in any permit as may
be determined necessary to protect the public health, safety or general
welfare.
4. Any venue with a Conditional Use Permit (CUP) that expressly prohibits entertainment
will be required to obtain an amendment to its CUP in order to offer entertainment
pursuant to this policy. An applicant's request to amend an existing CUP for the express
purpose of adding permitted entertainment will not open the remainder of the CUP to
amendment or alteration unless specifically requested by the applicant.
5. Any permit issued pursuant to this policy may be suspended, modified or revoked by the
body that approved the permit following a public hearing if it is determined that sufficient
evidence exists that the permitted entertainment is operating, or has operated, in a manner
inconsistent with the requirements of its permit, or in a manner that constitutes a public
nuisance.
APPROVED AS TO FORM:
Robert Schultz, Towt1_
115' ey