Entertainment Permit and ABP 12 17 12 PresentationSmall Town Service ~ Community Stewardship ~ Future Focus Town Council Study Session on Alcoholic Beverage Policy and Entertainment Permit Process December 17, 2012
Small Town Service ~ Community Stewardship ~ Future Focus •2001: Existing Alcoholic Beverage Policy (ABP) •Discourage entertainment uses until a permit process is developed •Council directed preparation of an entertainment permit review process •Changes to the ABP to reflect current trends in eating and drinking venues •Held a joint Town Council and Planning Commission Study Session in August 2011 Background
Small Town Service ~ Community Stewardship ~ Future Focus •What we heard; are we on the right track? –Survey similar communities –More community outreach –Statement of intent of the Town’s goals –“Wine bar” needs to address retail sales space and limited seating for wine and food service –Define minimum food serving sizes –Consider the use of fees for Police calls –Limits and hours for outdoor seating with late night alcohol service –Entertainment limited to indoor venues only –Distinguish between wine bars and stand -alone full alcohol bars –Coordinate Town definitions and State Liquor Licenses and restaurant types Key Discussion Points from August 2011 Study Session
Small Town Service ~ Community Stewardship ~ Future Focus –Decide whether the Entertainment Policy will be retroactive –Include Planning Commission in the review process –Enforcement will be essential for a successful program –Include expectations and definitions for each type of venue –Entertainment Policy should apply Town -wide –Define “VJ” and determine whether it is entertainment –Include the Police Department’s evaluation and recommendations –Address the trend of “food counters” in restaurants. –Consider moving the time that establishments stop serving alcohol from 1:00 a.m. to midnight –Policies that are unique to the different areas of the Town Key Discussion Points (cont.)
Community Entertainment Regulations Key Points City of Sonoma •Use a combination of CUPs and Music Venue License to regulate music •Night clubs and bars require a CUP •Music associated with a restaurant or hotel is regulated through the Music Venue License •The city does not regulate ambient pre -recorded music, except DJs. City of Sausalito •Music and dance permitted as an accessory use to an eating or drinking establishment with a Minor Use Permit (MUP) •Music shall not be audible to any residential properties •Music and dancing must conclude by 12:00 A.M. •Restaurants serving beer or wine require a MUP •Restaurants serving full alcohol require a CUP City of Napa •Entertainment District •Entertainment classified into 4 categories with different regulatory process •Both within and outside the District, CUP for primary and outdoor entertainment •Joint entertainment outside the District require a CUP/inside District requires an Administrative Permit •Both within and outside the District, entertainment incidental to primary use is a permitted use with no additional process Survey Results
Small Town Service ~ Community Stewardship ~ Future Focus Survey Results (cont.) Community Entertainment Regulations Key Points Town of Danville •No specific entertainment regulations if performed within the building •Regulates outdoor seating to control noise or other issues that the business may generate through a CUP City of Roseville •Recently adopted an Entertainment Permit process •Entertainment businesses and bars that serve alcohol after 11:00 p.m. are required to get an Entertainment Permit •Police Department administers the Entertainment Permit process •Excludes restaurants and other businesses that telecast sporting events and have “background” music, regardless if live or recorded as long there is not a cover charge •Police Department can tailor conditions •Business must not allow intoxicated patrons either inside the business or to congregate within 20 feet from the businesses during and after hours
PROPOSED ENTERTAINENT PERMIT PROCESS CHART Process/Type of Permit Type I Type II Type III Establishment proposing entertainment in conjunction with alcohol service or late night hour operations Establishment proposing entertainment without alcohol, but with amplified music. Establishment proposing NON -amplified entertainment without alcohol service or late night hour operations and establishments that serve alcohol and proposed daytime entertainment that concludes prior to 5:00 p.m. Submit CUP Application to the Planning Division X X Submit Entertainment Permit to the Planning Division X X Submit Entertainment Permit to the Police Department X DRC (staff -level approval) X Planning Commission Public Hearing X X Town Council Public Hearing X Operational Agreement X
Small Town Service ~ Community Stewardship ~ Future Focus •Facility or Venue –Completely enclosed building –Entrances and exits should be furthest from adjacent residential uses –Close outside seating for establishments that have interior entertainment and are within 300 feet to residential uses by 10:00 p.m. •Security Plan –Control congregating patrons in the establishment and adjacent parking lot areas after closing of the businesses –Discourage patrons from parking in surrounding residential areas •Police Department –Establish an Entertainment permit issuance fee based on the cost of service –Police Chief discretion to temporary close down a portion or all of the business –Discretion to disqualify a security firm •Entertainment Permit Review Criteria –Police and Planning Departments will develop criteria for the Police Department to use to evaluate the entertainment permit requests Additional Entertainment Permit Recommendations
Small Town Service ~ Community Stewardship ~ Future Focus •Modification of the language regarding appetizers vs. full meals when alcohol is served. •Inclusion of language for alcohol service for waiting patrons. •Removal of the requirement for a benefit to the community for late night hours. •Additional language regarding wine bars and retail wine establishments. •Provide necessary connections to the entertainment permit process. Recommended Amendments to the Existing ABP
Small Town Service ~ Community Stewardship ~ Future Focus Broadway Neighborhood input: •Customer parking extending into their neighborhoods •Noise , public drunkenness, and vandalism that results from customers parking in their neighborhood •General noise from music and patrons of the establishments that are open late at night Business Owners input: •The entertainment permit process appears overly complex •Would prefer the process remain separate from the CUP process Stakeholder Input
Small Town Service ~ Community Stewardship ~ Future Focus Next Steps •Jan/Feb 2013: Community outreach meeting •March 2013: Planning Commission review of draft ABP changes and Entertainment Permit Process •April 2013: Town Council review and consideration
Small Town Service ~ Community Stewardship ~ Future Focus Key Council Discussion Points and Direction •Provide input and direction on: –Concurrence on key discussion points from August 2011 Study Session/suggestions on how to address the points •ABP and the Entertainment Permit Program limit alcohol service to midnight •Need for policies that are unique to the different areas of the Town –Proposed Entertainment Permit Process –Additional Entertainment Permit Process Recommendations –Should the revisions to the ABP apply to existing establishments? –Small plates vs. full meals