18C Staff Report - Entertainment Uses
DATE: TO: FROM: SUBJECT: BACKGROUND: MEETING DATE: 9/07/04 ITEM NO. 10- COUNCIL AGENDA REPORT August 26, 2004 MAYOR AND TOWN COUNCIL f __ , kc DEBRA
J. FIGONE, TOWN MANAGER U ENTERTAINMENT USES IN ASSOCIATION WITH AN EATING OR DRINKING ESTABLISHMENT Mayor Glickman asked that this item be agendized for discussion by the Council to
discuss and/or reassess the policy restrictions for entertainment uses. In September 2001, Town Council approved a Resolution 2001-106 (Attachment 1) amending the Town's Alcoholic Beverage
Policy. The Alcohol Beverage Policy specifies that: 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 ofthe Resolution 2001-106, the Town has continued
to discourage entertainment uses. The Town has not developed standards nor a permit process process to allow new entertainment uses. Therefore, there is no provision to allow new entertainment
uses in association with an eating or drinking establishment. Those businesses that currently operate with entertainment uses were approved prior to the adoption of the entertainment
restrictions set forth in the Alcohol Beverage Policy and are allowed to continue to operate with entertainment uses. (Continued on Page 2) PREPARED BY:
DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: f':> Assistant .Town Manager Commumty
Development Revised: 8/26/04 5:10 pm Reformatted: 5/23/02
PAGE 2 SUBJECT: ENTERTAINMENT USES IN EATING OR DRINKING ESTABLISHMENT August 26, 2004 DISCUSSION: Ifthe Council determines that this issue warrants
further analysis, staff should be directed to explore options for further code or policy amendments. Staff will need to adjust the established schedules for certain projects that are
in process to reassign staff resources to address this issue. ENVIRONMENTAL ANALYSIS: None FISCAL ANALYSIS: None Attachment: 1. Resolution 2001-106 and Policy Regulating the Consumption
and Service of Alcoholic Beverages BNL:JG:mdc N:\DEV\CNCLRPTS\2004 and before\Entertainment.wpd i
RESOLUTION 2001 -106 RESOLUTION OF THE TOWN COUNCIL OF THE TO\VN.OF LOS GATOS AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY WHEREAS, the sale of alcoholic beverages, if not regulated,
canjeopardize public ?afety, result in an increase of calls for police services and compromise the ql!-ality 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, 200 1 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 serviGe, and a need to amend the existing Alcohol Policy, THEREFORE BE IT RESOLVED:
the Town CounCil ofthe TOWN OF LOS GATOS .' .' . . . . . . does hereby adopt the aniended AlCoholic Beverage Policy attached hereto as Exhibit A. ATTACHMENT 1
POLICY REGULATING THE CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES L 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 deterniined on a case by case basis. The following provisions are intended to. balance the protection ofresidential neighborhoods
in close proximity to commercial districts and still maintain the viability ofour 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 ofestablishments 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!i 1IJ IT. , 1. TheTown shall continue to strongly discourage new applications for standalone bars or restaurants with separate bars. '
2. The Town shall continue to discourage applications for entertainment establislunents serving alcoholic. beverages. 3. Entertainment in association with an eating or drinking establishment
may be allowed. if standards and a permit process ar.e 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 pet;mit in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their
existing hours of operation. EXHIBIT A
1I Town ofLos Gatos Alcoholic Beverage Policy Page 3 014 ITL Specific Policy 1. Restaurants: . Alcoholic bevera.ges may only be Se!Ved 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 dosing or 1i 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 pennit. IV. Review Process .' .. . .1.. Propos3.1s for new bars .0r.reStautants with bars and all requests for' new alcohol service
or a change to existing 'service shall be reviewed by the Pla.Tlning COITl..nUssion. 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 ofalcoholic beverages shall be reviewed by the' Community Development Department. The following process will be followed:
. a. The Director of Community Development shall contact the new business owner to make them aware of the conditions of approval attached to the Use . Permit for the location. b. One
year following 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. ..--."