Attachments 7-11(Oct. 9, 2013)
Include in the definitions section:
a. Entertainment Establishment,
b. Restaurant,
C. Separate Bar, and
d. Indoors (not to include decks or patios, etc.).
2. Recommended alternate definition of a separate bar and to eliminate the definition of food counter.
3. Clarify the difference between
a. Restaurant and retail, and
b. Retail and wine bars.
4. Enforcement:
a. Outline how to raise a complaint,
b. What are violations to a Conditional Use Permit,
c. Who responds and tracks complaints,
d. Suggesting a Code Enforcement Officer be available to provide a timely response, and
e. Some felt that code enforcement should be available on all days (including evenings) for which
there are permits in operation that contribute to the problems. One Commissioner stated that this
would be a financial concern and Town should follow up only if there was a complaint.
5. Parking: Clarify parking requirements and determine if they should be based on seats or occupancy.
6. Major Permits: Propose use of maximum occupancy loads and not the number of seats as the standard
for establishing parking requirements.
Intensification: Address intensification of uses, such as alcohol service or live entertainment, which
may have impacts on parking and traffic.
8. Concentration of Permits: Create an impact map.
ATTACBMM 7
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REQUIRED FINDING FOR:
Town Code Amendment A -13 -04
Consider adoption of Amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding land use regulations for live entertainment uses.
FINDING
Required consistency with the Town's General Plan:
■ That the proposed Town Code (Zoning Regulation Ordinance) Amendments are
internally consistent with the General Plan.
A BDE VTNDMGSQ013Hmcnai=em.. d.dax
ATTACHMENT 8
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTIONS OF THE ZONING ORDINANCE (CHAPTER 29)
OF THE TOWN CODE FOR REGULATION OF LIVE ENTERTAINMENT USES AND
THE DUTIES OF THE DEVELOPMENT REVIEW COMMITTEE,
PLANNING COMMISSION AND TOWN COUNCIL
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 is amended to read as set forth in Exhibit A attached hereto and
made a part thereof.
SECTION II
It is the intent of the Town Council of the Town of Los Gatos to supplement State and
Federal law and to not duplicate or contradict such law, and this ordinance shall be construed
consistently with that intention. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of
the other remaining portions of this ordinance. The Town Council hereby declares that it would
have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsection, sentences, clauses, or phrases be
declared unconstitutional.
SECTION III
Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos acts as a
responsible agency for adoption of this ordinance within the Town of Los Gatos. The Town
Council makes the following findings:
I
ATTACBMM 9
That there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental Quality
Act (Section 15061 (b)(3)).
SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2014, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on 2014. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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2
Section 29.10.020. Definitions.
Live Entertainment. Any presentation or activity of any nature which is designed or
intended to divert, amuse or attract the attention of persons observing or listening to
such presentation or activity, including but not limited to, any type of presentation or
performance in which live entertainers, performers, a video jockey (Y.1) or a disc
jockey (DJ) appears before an audience of any number of persons or the patrons of a
business establishment. The term "Live Entertainment' shall not include any
entertainment provided solely without any human interaction or control of any radio,
television, videos, music recording device /player, digital recording device /player or juke
box for the benefit of an audience or the patrons inside an establishment
Live Entertainment (minor). Live entertainment uses that terminate on or before 10:00
p.m. and that do not include alcoholic beverage service.
Live Entertainment (major). Live entertainment uses that involve late night operation
(after 10 p.m.) and/or that include alcoholic beverage service.
Section 29.20.750. Planning Commission
The Planning Commission:
EXHIBIT A
Of Attachment 9 1
(25) Determines applications for minor live entertainment permits as referenced in Chapter 3,
Article VII of the Town Code.
(26) Hears and forwards a recommendation to the Town Council for major live entertainment
permits as referenced in Chapter 3, Article VII of the Town Code.
Section 29.20.755 Town Council
The Town Council:
(11)Hears and determines Planning Commission recommendations regarding applications for
major live entertainment permits as referenced in Chapter 3, Article VII of the Town Code.
Section 29.60.210. Permitted uses.
(a) Activities allowed in the C -1 or neighborhood commercial zone are those which do
not unreasonably interfere with nearby residential uses and which are in the following
categories:
(6) Live entertainment may be permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3, Article VII of the Town
Code.
Section 29.60.320. Permitted uses.
(a) Activities permitted in the C -2 or Central District Commercial Zone are those
involving the conduct of commerce and general business and the sale of commodities
2
necessary for the needs of residents and visitors of the Town, such as:
(8) Live entertainment may be permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3, Article VII of the Town
Code.
Section 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which
do not unreasonably interfere with nearby residential uses and which are in the
following categories:
(5) Live entertainment may be permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3, Article VII of the Town
Code.
Section 29.70.100. Permitted uses.
(a) Activities allowed in the LM or commercial - industrial zone are those service- oriented
and light industrial uses which may be inappropriate in a general commercial zone
and which are in the following categories:
(6) Live entertainment may be permitted subject to all of the restrictions and
requirements set forth in this chapter and Chapter 3, Article VII of the Town
Code.
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW ARTICLE VII
TO CHAPTER 3 OF THE LOS GATOS TOWN CODE ENTITLED "LIVE
ENTERTAINMENT" TO REQUIRE A REGULATORY PERMIT
FOR LIVE ENTERTAINMENT USES
SECTION I
WHEREAS, the Town of Los Gatos is a thriving socially active community that continues
to enjoy entertainment uses as an amenity for its residents and business patrons; and
WHEREAS, the Town of Los Gatos recognizes that commercial establishments, that provide
indoor entertainment, can enhance the Town's social and cultural experiences, and can contribute to
the viability and vitality of commercial districts within the Town. However, it is incumbent upon the
Town to establish policies and procedures which allow for both the provision and management of
entertainment, in order to prevent negative impacts to the Town's residents and visitors and to limit
the Towns personnel costs and burden on financial resources. It is the intent of the Town to protect
the rights of its citizens by establishing the most reasonable manner ofregulation on entertainment in
order to maximize the benefits and minimize the burdens caused by the provision of entertainment
within commercial establishments; and
WHEREAS, the Town Council adopted an Alcoholic Beverage Policy in 1990 which was
last amended in 2001 and currently discourages alcohol service in conjunction with entertainment
establishments; and
WHEREAS, the Alcoholic Beverage Policy notes that entertainment uses maybe allowed
by the Town in an eating or drinking establishment if standards and an entertainment permit process
is adopted by the Town; and
AWACffiMENT 10
WHEREAS, the Town Council directed the preparation of an entertainment permit process
in 2010; and
WHEREAS, the Town has held successive Stakeholder Group Meetings, Study Sessions and
Community Outreach Meetings with key business and resident groups in 2011, 2012, and 2013 to
the discuss potential revisions to the Alcoholic Beverage Policy and the development of new
regulations for live entertainment uses; and
WHEREAS, during the December 2012 Town Council Study Session, a consensus of the
Council provided specific feedback to staff regarding the establishment of regulations for live
entertainment uses; and
WHEREAS, on September 25, 2013 and October 9, 2013, the Planning Commission
reviewed a proposed ordinance to regulate live entertainment uses and provided comments to the
Town Council.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION II
Chapter 3 of the Los Gatos Town Code is amended to add a new Article VII (3.70.010
through 3.70.070) shall read as fully set forth on Exhibit A.
SECTION III
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held
to be unconstitutional, such decision shall not affect the validity of the other remaining portions of
this ordinance. The Town Council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsection, sentences, clauses, or phrases be declared unconstitutional.
SECTION W
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October _, 2014, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on _. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
CaY[03
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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ARTICLE VIL LIVE ENTERTAINMENT
Sec. 3.70.010. Purpose and intent.
Sec. 3.70.015.Definitions
Sec. 3.70.020. Permit requirement.
Sec. 3.70.025. Application for permit; fee.
Sec. 3.70.030. Investigation for permit.
Sec. 3.70.035. Issuance or grounds for denial.
Sec. 3.70.040. Contents.
Sec. 3.70.045. Appeal to Town Council.
Sec. 3.70.050. Transferability of permit.
Sec. 3.70.055. Law enforcement inspections.
Sec. 3.70.060. Suspension or revocation of permit.
Sec. 3.70.065. Compliance.
Sec. 3.70.070. Penalties.
See. 3.70.010. Purpose and intent.
This Article is enacted to require a permit to provide indoor nonresidential live
entertainment.
1
EXHIBIT A
Of Attachment 10
Sec. 3.70.015. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Background music. Background music refers to music played at a low level primarily
intended to be passively listened to, where normal conversation can be easily understood.
It is not meant to be the main focus of an audience, but rather to enhance an environment.
Entertainment Establishment A facility or business that as part of its regular operation
provides live entertainment to an audience for either direct or in- direct compensation of
the performers staff, operators or the owners of the facility including but not limited to
the purchase of tickets payment of entrance fees payment of cover charges, provision of
voluntary donations or the required purchases of food drink or merchandise as a
prerequisite to experience the entertainment provided.
Live Entertainment. Any presentation or activity of any nature which is designed or
intended to divert, amuse or attract the attention of persons observing or listening to such
presentation or activity, including but not limited to, any type of presentation or
performance in which live entertainers, performers, a video jockey (VJ) or a disc jockey
(DJ) appears before an audience of any number of persons or the patrons of a business
establishment. The term "Live Entertainment" shall not include any entertainment
provided solely without any human interaction or control of any radio, television, videos,
music recording device /player, digital recording device /player or juke box for the benefit
of an audience or the patrons inside an establishment.
2
Minor Live Entertainment. Live entertainment uses that terminate on or before 10:00 p.m.
and that do not include alcoholic beverage service.
Major Live Entertainment. Live entertainment uses that involve late night operation (after
10 p.m.) and/or that include alcoholic beverage service.
Sec. 3.70.020. Permit requirement.
No person, whether as principal, agent, officer, employee or member, shall perform,
sponsor, conduct, provide or facilitate live entertainment uses without first obtaining a permit
pursuant to this article.
Sec. 3.70.025. Application for permit; fee.
(a) Any person, partnership, or other entity desiring to provide live entertainment
shall apply for a permit to do so on an application form specifically designated for that purpose
and provided by the Town of Los Gatos and shall not provide live entertainment unless and until
a permit has been issued by the Town. The written application for a permit shall be submitted to
the Director of Community Development along with a copy for distribution to the Chief of
Police and executed by all applicants under the penalty of perjury on such form as may be
prescribed by the Town, and which shall include all of the following:
(1) The applicant(s) name, including any aliases, prior names, "dbas," the names of
any partnership or other business entities.
3
(2) The applicant(s) address of any location where applicant has engaged in business
within five years immediately preceding the date of the application; the length of
time at each address; a description of the nature of the business(es) conducted.
(3) The address of the proposed location for which the permit is required, together
with the business name, if any.
(4) Proof of possessory interest in the property at which the business is proposed to
be conducted, and the name and address of the owner of such real property.
(5) A floor plan including entry and exits for the space and building.
(6) The applicant' s written agreement to indemnify, defend and hold harmless the
Town, its officers, agents and employees from and against all claims, losses,
costs, damages and liabilities of any kind relating to the operation of the business,
including attorney's fees and costs, arising in any manner out of the negligence
or intentional or willful misconduct of all of the following: (i) the applicant; (ii)
the applicant' s officers, employees, agents and /or supervisors; and, (iii) if the
business is a corporation, partnership or other entity, the officers, directors or
partners.
(7) The application shall be accompanied by a nonrefundable processing fee in such
amount as established from time to time by resolution of the Town Council.
(b) Exceptions. The following activities if conducted in conformance with the Town's Noise
ordinance and/or Special Event requirements are expressly exempt and shall be excluded from
the live entertainment permit process:
4
(1) Activities already included in a valid Special Event Permit issued by the Town.
(2) Public events sponsored by the Town or County, State, or Federal governments.
(3) Town approved public events located in Town parks or public facilities.
(4) Theaters, playhouses and a cinemas permitted by Chapter 29 (Zoning Regulations) of
the Town Code.
(5) Dance recitals and other artistic performances of performing art or music schools
permitted by Chapter 29 (Zoning Regulations) of the Town Code.
(6) Private music lessons or recitals permitted by Chapter 29 (Zoning Regulations) of the
Town Code.
(7) Events hosted by private membership clubs not open to the general public for the
benefit of only members and their guests.
(8) Book readings, signings, autograph events, poetry readings.
(9) Background music, live or recorded, or the playing of TV or videos if no
compensation or admission fee is charged.
(10) One grand opening event within the first six months of operation of a new business
or retail use.
(11) Religious institutions services or worship activities.
(12) Coffees, fundraisers, and campaign events related to a local, State or Federal
election.
5
Sec. 3.70.030. Investigation for permit.
Upon receipt of the completed application (including all requested documents) and the
required fee, the Director of Community Development and the Chief of Police shall each conduct
an investigation as each deems appropriate to determine whether a permit should be issued. The
Director or Chief may require additional information of an application which is deemed
necessary to complete the investigation.
(a) The Director of Community Development shall determine whether the conduct of the
business at the proposed location will be in compliance with zoning requirements and any other
applicable rule, regulation or ordinance of the Town. For major permits, a noise analysis,
prepared by a Town approved consultant at the applicant's expense, shall be provided to
determine compliance with the Town's Noise Ordinance.
(b) The Chief of Police shall determine whether the conduct of the business at the proposed
location will be in conformance with the health, safety and welfare of the community.
(c) Following the completion of the investigations described herein, the Director of
Community Development and the Chief of Police shall each make a written recommendation
whether the proposed permit is either recommended to be approved or rejected, subject to the
provisions of this chapter, and the Community Development Director shall provide the
recommendations to the Planning Commission or the Town Council as applicable for
consideration at a public hearing.
Sec. 3.70.035. Issuance or grounds for denial.
2
(a) Permit Review and Determination. The proposed live entertainment use shall be a
subordinate ancillary use to a legally permitted and conforming primary use authorized by Town
Code Chapter 29 (Zoning Regulations). Any use defined as "Live Entertainment" shall comply
with the requirements of the Town's Noise Ordinance.
(1) Planning Commission. Applications for proposed minor live entertainment
uses in conjunction with either the primary or subordinate ancillary use shall
be determined by the Planning Commission pursuant to Chapter 29 of the
Town Code.
(2) Planning Commission. Applications for proposed major live entertainment
uses in conjunction with either the primary or subordinate ancillary use shall
be reviewed by the Planning Commission for determination of a
recommendation to the Town Council pursuant to Chapter 29 of the Town
Code.
(3) Town Council. Applications for proposed major live entertainment uses in
conjunction with either the primary or subordinate ancillary use shall be
determined by the Town Council pursuant to Chapter 29 of the Town Code.
(b) Conditions of Approval. Any permit issued pursuant to this article, shall be subject to the
following conditions:
(1) Such conditions as may be imposed by the deciding body that are reasonably
related to the purpose and intent of this chapter and the public health, safety,
and welfare which conditions shall include an annual review of a major permit
including a public hearing.
7
(2) Maintain a valid operational agreement for major live entertainment uses.
(3) Maintain a valid Town business license.
(c) Grounds for denial. An application for a permit to conduct live entertainment may be
denied based on any of the following grounds:
(1) For a business that serves alcohol, the operator is under twenty -one years
of age.
(2) The operator had a similar type of permit previously suspended, revoked
or denied for good cause within the immediately preceding five (5) year
period.
(3) The operator has knowingly made a false or misleading statement of a
material fact or omission of a material fact in the application for a permit.
(4) A determination by the Director of Community Development, the
Development Review Committee, the Planning Commission, and /or the
Town Council following a public hearing that the use of the business at
the proposed location would not be in compliance with all zoning
requirements and other rules, regulations, ordinances and policies of the
Town.
(5) The use at its proposed location compromises the public health, safety, or
welfare of the community.
Ifl
(6) Any other material consideration which may be raised and examined
through a public hearing process and determined to be detrimental to the
health, safety or welfare of the community.
Sec. 3.70.040. Contents.
Permits issued under this article may authorize only a specific live entertainment use or
group of uses as described in the application approved by the Development Review Committee
or Town Council. Each permit issued shall include the name of the sponsor and operator, the
approved daily schedule, time of commencement and conclusion, the address of the location and
the maximum occupancy load of each room and the maximum occupancy of the building in
which the live entertainment use is authorized for, and such information shall be prescribed on
the face thereof.
Sec. 3.70.045. Appeals to Planning Commission.
The denial of a permit on grounds specified either in section 3.30.030(e) by the Planning
Commission or the revocation of a permit of the Planning Commission may be appealed to the
Town Council pursuant to Division 4 of Chapter 29 of the Town Code.
Sec. 3.70.050. Transferability of permit.
No permit issued under this chapter shall be transferable or assignable and any attempted
transfer shall invalidate the permit.
Sec. 3.70.055. Law enforcement inspections.
Any person or entity operating under a live entertainment permit under the provisions of
this chapter shall be subject to inspection by local law enforcement during all hours of
9
operation. The Chief of Police or designee may conduct periodic inspections of the business
without notice.
Sec. 3.70.060. Suspension or revocation of permit.
(a) Any permit issued under this article may be suspended or revoked pursuant to the
processes set forth herein, and for any reason that would have justified a refusal of the permit
originally, or by failure of the person or entity operating under any such permit to comply with
the provisions of this article or any other provision of this code, or any condition of such permit.
The person or entity operating under the provisions of any such permit shall be given prompt
notice of the intention to suspend or revoke the permit in the manner set forth in this section.
Upon receipt of information or a complaint and reasonable cause to believe that grounds for a
suspension or revocation of a permit exists, the original deciding body of the permit may suspend
for a period of up to nine months or revoke a permit, according to procedures set forth herein on
the grounds set forth in this subsection, and on any of the following grounds:
(1) The permitee, its officers, employees, or agents have operated or managed the live
entertainment business in a manner which violates the live entertainment permit
issued by the Town, any provision of this chapter, or other applicable Town Code
provisions; or
(2) Has made a false or misleading statement or material omission of fact on the
application for a permit, or in any supplementary materials submitted with the
application.
(b) Procedure for revocation or suspension of permit:
10
(1) Notice to permitee. Whenever the Town has reasonable cause to believe that
grounds for the suspension or revocation of a permit exist, the Town shall give the
permitee written notice of the grounds for the proposed revocation or suspension
of the permit, along with the date, time and place of a public hearing to be held
before the original deciding body on whether the permit should be suspended or
revoked. The notice shall be served on the permitee personally at the most recent
home or business address on file with the Town or by certified mail with the
United States Postal Service.
(2) Hearing. The hearing on the revocation or suspension of the permit shall be held
before the original deciding body not more than sixty working days after the
personal service of the notice to the permitee in the same manner of delivery as
set forth in Section (b)(1) above. At the hearing, the permitee shall have the right
to appear and present evidence and arguments which are relevant to a
determination of whether the permit should be suspended or revoked.
(3) Decision. Within fifteen working days after the hearing, the deciding body shall
issue a written decision which states whether the permit is suspended or revoked,
the length of any suspension, and the factual basis for the decision. The decision
of the deciding body shall be served on the permitee in the same manner of
delivery as set forth in Section (b)(1) above.
(4) Effective date of revocation or suspension. Any suspension or revocation of a
permit shall become effective immediately upon the personal service of the
MI
written decision of the deciding body or delivered to the permitee in the same
manner of delivery as set forth in Section (b)(1) above.
(5) Surrender of suspended or revoked permit. Upon a written decision by the
deciding body, which suspends or revokes a permit, the permit shall immediately
be surrendered to the Town Manager. In the case of a suspension, Town Manager
shall return the permit after the period of suspension has ended.
Sec. 3.70.065 Compliance.
Any person or entity which has been granted a permit under this article shall be subject to
and shall comply with the regulations and conditions as set forth in the relevant sections of the
Town Code.
Sec. 3.70.070 Penalties.
(a) The violation of any provision contained in this chapter, or the violation of any condition
of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a
misdemeanor, subject to the penalties as prescribed in section 1. 10.040 of the Town Code.
(b) The maximum fine or penalty for any violation of this article shall be one thousand
dollars ($ 1, 000), or a term of imprisonment in the county jail for a period not exceeding six
months.
12
(c) Except as otherwise provided, every such person may be charged with a separate offense
for each and every day during any portion of which any violation is committed, continued, or
permitted by such person, and shall be punishable accordingly.
(d) The enforcement of this chapter shall be in addition to any proceedings conducted for
revocation or suspension of the permit and any civil action to seek enforcement of these
provisions authorized by the Town Council.
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING REVISIONS TO THE ALCOHOL BEVERAGE POLICY AND REPEALING
RESOLUTION 2001 -106
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety,
resulting in an increase of calls for police services, code compliance services, and compromise the
quality of life for Town residents; and
WHEREAS, the Town Council desires 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
and
WHEREAS, the Town Council originally adopted an Alcoholic Beverage Policy in 1990;
WHEREAS, the Town Council last revised the Alcoholic Beverage Policy in 2001 by
adopting Resolution 2001 -106 ; and
WHEREAS, the Town Council desires to update the Alcohol Beverage Policy to meet the
current needs of the community.
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los
Gatos (1) repeals Resolution 2001 -106; and (2) adopts the Town of Los Gatos Policy Regulating
Establishments That Serve Alcoholic Beverages as attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7`s day of April 2014, by the following vote:
ATTACMIENT 11
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV\RES0S\2014WcoholPohcy Mo TC 4- 7- 2014.docx
oz'D"� T�12 ESTABLISHMENTS THAT SERVE ALCOHOLIC BEVERAGES
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 seMee in commercial establishments, particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town residents is are 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 with full liquor service or restaurants with separate bars with full liquor
service.
2. The Town shall continue to strongI discourage applications for entertainment
establishments serving alcoholic beverages.
3. Entertainment in association with an eating and/or drinking establishment may be
allowed if subject to the standards and a permit process are adopted specified in
Article VII of Chapter 3 of the Town Code regarding Live Entertainment.
4. Alcoholic beverage service for new conditional use permit applications or
applications for modifications of a conditional use permit shall not he allowed be
strongly discouraged:
A. After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
1
OMBIT A
of Attachment 11
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.
5. Any establishments AUnlications for new conditional use permits or applications
for modifications of a conditional use permit serving alcoholic beverages shall be
subject to the following:
A. Uniformed privatal- presided- security guards may be required in or around
the premises as determined by the Chief of Police if alcohol related incidents
re sar occur that are not immediately 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
rRestaurant Association and 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.
F An Operational Agreement between the Town and the Operator for alcohol
service past 10 PM.
6. In addition to the required findings required for a Conditional Use Permit, tThe
deciding body shall make the following findings prior to approving an application
for sondition.al use pefmi 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.
7. A meal is defined as a combination of food items selected from a menu
(breakfast, lunch or dinner). This can include a combination of appetizers also
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known as "small plates" as defined below, if approved by the deciding body.
Appetisers Bar snacks such as popcorn, naehes, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals.
8. Small plates are defined as small servings of hot or cold dishes which are
combined to make a full meal Small plates may also be known as charcuterie
tapas, bocas dim sum antipasti,. meats and cheese or mezze Small plate
appetizers do not include bar food such as popcorn nuts or pretzels.
9. 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 Tc.v : "fir deciding body. The separation shall
clearly delineate that alcohol is not allowed outside the restaurant seating area,
and comply with the Town's outdoor seating Policy_
10. Limited aAlcohol service may be provided prior to meal service within a
designated enclosed waiting area to patrons waiting for a table to become
available.
III. Specific Policy
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 with meal service. Meal or small plate
ap etizer service shall be available until alcohol service ceases or until closing of
holidays and evenings before holidays, whiehe�,,eF is , if late jight bar
seniee is . 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 Polite.
3. Separate Bar:
A separate bar is defined as an area within a restaurant that is separated by a
physical barrier from the dining areas and serves alcoholic beverages This
definition does not include food counters or service bars
4. Food Counter:
A food counter is defined as a counter area located within an establishment
providing food service where customers may sit and order food and alcohol.
5. Service Bar:
A service bar is a counter or part of counter where food and /or beverages are
placed for delivery to customers; no customer seating is permitted in this area.
6. Retail Wine Service Establishment:
A Retail Wine Service Establishment also called a wine bar is defined as an
establishment providing alcohol beverage service for beer and wine as may be
determined by the deciding body. A Retail Wine Service Establishment shall, at a
minimum provide food service until closing Specific hours of operation for
each establishment are determined in the operational agreement required pursuant
to the conditional use permit A Retail Wine Service Establishment shall meet the
Purpose and General Policy of this Alcoholic Beverage Policy.
7. Tasting Room:
A Tasting Room is defined as alcoholic beverage service in the form of samples
(small pours) provided in conjunction with a retail operation. Meals shall not be
permitted Specific hours of operation for each establishment are determined in
either the operational agreement if relevant and /or the conditional use permit.
Tasting rooms shall meet the Purpose and General Policy of this Alcoholic
Beverage Policy.
IV. Review Process
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.
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 Depattfieat shall eentaet inform
the new business owner to make them aware of the conditions of approval
attached to the use permit for the location.
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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 Duvet.. of Community De el.. «� Tl,. t L _ _ _. _ _ aware of
any In the event complaints are received that indicate there is an alcohol
related impact 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.
D. if In the event 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 for a public hearing pursuant to
Section 29.20.3 10 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.
F. The applicant new owners or new management shall submit in writing,an
explanation of how the proposed establishment meets each requirement of
this Policy and the existing conditional use permit
V. Enforcement
All conditional use permits issued to establishments for on -site alcoholic beverage
service en site shall be subject to Section 29.320.310(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 29.320.310(b) of the Town Code will be based on, but not limited to the
following factors:
1-..L The number and types of calls for service at or near the establishment that are a
direct result of patrons actions:
11:2. The number of complaints received from residents and other citizens concerning
the operation of an establishment;
11173. The number of arrests for alcohol, drugs, disturbing the peace, fighting, -ar4
public nuisance and other crimes or violations associated with an establishment;
IVA. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
V-.5. Violation of conditions of approval related to alcoholic beverage service.
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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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