Alcohol and Entertainment Policy1owN o MEETING DATE: 10/21/14
ITEM NO:
I M.Y I
COUNCIL AGENDA REPORT
DATE: OCTOBER 15, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT: REPORT FROM THE COUNCIL AD HOC COMMITTEE ON ALCOHOL
AND ENTERTAINMENT POLICY.
A. ADOPT A RESOLUTION TO AMEND THE COUNCIL POLICY
REGULATING THE CONSUMPTION AND SERVICE OF ALCOHOLIC
B. ADOPT A RESOLUTION TO ESTABLISH A COUNCIL POLICY
REGULATING LATE NIGHT ENTERTAINMENT.
RECOMMENDATION:
I. Adopt the resolution amending the Council Policy Regulating the Consumption and Service
of Alcoholic Beverages (Attachment 1);
2. Adopt the resolution creating a Council Policy Regulating Late Night Entertainment
(Attachment 2); and
3. Direct staff to determine if a new fee is needed or if an existing fee adequately covers the
costs of processing Entertainment Permits.
BACKGROUND:
In 1990, the Town Council adopted a Policy Regulating the Consumption and Service of
Alcoholic Beverages (hereafter Alcoholic Beverage Policy) which describes the Town's
expectations for establishments serving alcohol and to provide a process for reviewing
applications proposing alcohol service. The Town last amended the Alcoholic Beverage Policy
in 2001. The current Alcoholic Beverage Policy states, "Entertainment in association with an
eating or drinking establishment may be allowed if standards and a permit process are adopted."
PREPARED BY: LAUREL PREVETT��'GiJ
Assistant Town Marta er /Director of Community Development
Reviewed by: N/A Assistant Town Manager own Attorney _Finance
N: \DEV \TC REPORTS\2014 \ABP and Entertainment Policies Report Revised.docx Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICY
OCTOBER 15, 2014
BACKGROUND (cont'd):
After the Town received requests to serve and sell alcohol with or without meals, establish
entertainment uses, and modify the regulations for the service of alcoholic beverages to address
current trends, the Town Council directed staff to revise the Alcoholic Beverage Policy to
address these considerations. The Town Council's 2014 -16 Strategic Goals include review and
revise Town Policy related to the of alcohol and entertainment.
As discussed and documented in the Staff Report to the Town Council heard at its April 7, 2014
meeting, the Town went through a public process to obtain input on potential modifications to
the Alcoholic Beverage Policy and the creation of an Entertainment Permit process.
On April 7, 2014, staff presented the Town Council with a proposed ordinance to create an
Entertainment Permit and to amend the Alcoholic Beverage Policy. In response, the Town
Council decided to create an Ad Hoc Committee on Alcohol and Entertainment Policy, and
appointed Mayor Steven Leonardis and Council Member Joe Pirzynski. The Committee was
asked to:
1. Consider removing the requirement for a separate entertainment process;
2. Consider adding or modifying definitions as patrons dine today;
3. Consider what it means for an intensification of use when these establishments are
actually used versus by peak hour trips and how those consequences are addressed;
4. Consider how best to develop a responsive complaint process;
5. Consider time limits on response from staff or the police department;
6. Consider noise devices that are available so the existing ordinance may be used to
address noise complaints;
7. Consider how Section 5 of the existing policy maybe modified for:
a. How many and what types of complaints trigger enforcement;
b. Whether fines would be appropriate;
c. What point would consideration of revoking the permit be reached; and
8. Consider modification of a Conditional Use Permit (CUP) versus a separate application
in the context of existing policy.
Since April, the Ad Hoc Committee met multiple times to address the issues raised in the
Council direction, evaluate policy alternatives, and consider the practical implementation of new
and/or revised policy. This report contains the results of the Committee's work as well as
recommendations for Council consideration.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICY
OCTOBER 15, 2014
DISCUSSION:
A. Approach
The Ad Hoc Committee approached consideration of all of the Council's direction from the
perspective of the positive characteristics of the Town and its offerings. Los Gatos has a unique
brand of sophistication that supports active, healthy lifestyles and provides family friendly
amenities, good shopping, and great restaurants. Appropriate service and consumption of
alcoholic beverages and the enjoyment of entertainment contributes to the vitality of Los Gatos.
For these reasons, the Ad Hoc Committee focused on updating the Alcoholic Beverage Policy to
reflect contemporary dining and social activities, and decided that a separate policy was needed
to regulate only "late night entertainment" which is proposed to be defined as occurring after 10
p.m.
B. Update the Policy Regulating the Consumption and Service of Alcoholic Beverages
Attachment 3 contains an underline and strikeout version of the proposed updated Alcoholic
Beverage Policy. Major features of the Policy revision include:
• Continue to discourage bars, clarify discouraging late night entertainment, and strongly
discourage nightclubs, ultra lounges, or similar establishments offering late night
alcoholic beverage service, including bottle service.
• Removal of the community benefit provision.
• Clarify definitions of meal service, separate bar area, wine bar, wine tasting, and brew
house.
• Identify other operational requirements to minimize disturbance to neighbors.
C. Establish Policy Regulating Late Night Entertainment
The Ad Hoc Committee Council direction included consideration of removing the requirement
for a separate entertainment process. In this consideration, the Committee decided that a separate
Policy and process would be useful for entertainment after 10 p.m. (see Attachment 2).
Entertainment is defined as including amplified music, live performance, dancing, DJ, karaoke,
jam sessions, and/or other related activities.
Prior to 10 p.m., live music and other entertainment add vibrancy to Los Gatos and should be
enjoyed without any permitting requirements. If an establishment has an existing Conditional
Use Permit that prohibits entertainment, then a Conditional Use Permit modification would be
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICY
OCTOBER 15, 2014
DISCUSSION (cont'd):
needed. It is reasonable for the Town to regulate entertainment after 10 p.m. due to the increased
potential for neighborhood disturbances, noise, disruptive behavior, and other possible concerns.
If adopted, the Policy proposes an annual Entertainment Permit to ensure compliance with
operational and other standards. The Permit is subject to a public hearing before the Planning
Commission with appeal to the Town Council. Enforcement and revocation would occur similar
to Conditional Use Permits per the Town Code.
D. Detailed Responses to Council Direction
1. Consider removing the requirement for a separate entertainment process.
The Ad Hoc Committee considered and determined that a separate process for late night
entertainment was warranted for the reasons stated above.
2. Consider adding or modifying definitions as patrons dine today.
The proposed amendment to the Alcoholic Beverage Policy adds and modifies definitions
accordingly.
3. Consider what it means for an intensification of use when these establishments are
actually used versus by peak hour trips and how those consequences are addressed.
Bar area restrictions can be more effectively enforced based on floor area instead of seats.
The larger policy issue regarding parking and its relationship to seats should be taken up
separately by the Town Council.
4. Consider how best to develop a responsive complaint process.
5. Consider time limits on response from staff or the police department.
6. Consider noise devices that are available so the existing ordinance may be used to
address noise complaints.
In early August 2014, the Council provided direction regarding the approach for the Town's
Code Compliance services. This direction includes responding to complaints within two
business days, hiring a permanent Code Compliance Officer who can provide consistent
service, hiring a part time Community Service Officer to monitor late night activities and
noise, and instituting other operational changes with the enhanced staffing.
Consider how Section 5 of the existing policy may be modified for:
a. How many and what types of complaints trigger enforcement;
b. Whether floes would be appropriate;
c. What point would consideration of revoking the permit be reached.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICY
OCTOBER 15, 2014
DISCUSSION (cont'd):
Based on the evaluation by the Ad Hoc Committee, the Policy did not require additional
clarifications on enforcement.
8. Consider modification of a Conditional Use Permit (CUP) versus a separate
application in the context of existing policy.
A CUP may need to be modified if it expressly prohibits entertainment and /or the service of
alcoholic beverages. The modification could run concurrently with the Entertainment
Permit.
CONCLUSION:
The Ad Hoc Committee believes that together, together, these two Policies create a common
sense approach to the service of alcoholic beverages and late night entertainment in the Town.
The Committee welcomes the Council's comments, questions, and discussion.
ENVIRONMENTAL ASSESSMENT:
It has been determined 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 [CEQA Guidelines Section 15061 (b)(3)].
FISCAL IMPACT:
Proposed Section 3.70.025 of the Town Code allows Town Council to set fees for processing
land use and development applications. If the Council adopts a resolution creating a Policy
Regulating Late Night Entertainment, staff should be directed to evaluate the current fee
structure to determine if a new fee is needed or if an existing fee adequately covers the cost of an
annual permit.
Attachments:
1. Resolution amending the Policy Regulating the Consumption and Service of Alcoholic
Beverages
2. Resolution creating a Policy Regulating Late Night Entertainment
3. Underline /Strikeout Version of the Updated Policy Regulating the Consumption and
Service of Alcoholic Beverages
RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING REVISIONS TO THE POLICY REGULATING THE
CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES
AS A COUNCIL POLICY AND REPEALING RESOLUTION 2001 -106
WHEREAS, Los Gatos has a unique brand of sophistication that supports active, healthy
lifestyles and provides family friendly amenities, good shopping, and great restaurants; and
WHEREAS, appropriate service and consumption of alcoholic beverages contributes to
the vitality of Los Gatos; 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
WHEREAS, the Town Council originally adopted a Policy Regulating the Consumption
and Service of Alcoholic Beverages (hereafter Alcoholic Beverage Policy) in 1994; and
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
the Consumption and Service of Alcoholic Beverages as a Council Policy as presented below.
ATTACHMENT 1
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I. Purpose
Los Gatos has a unique brand of sophistication that supports active, healthy lifestyles and
provides family friendly amenities, good shopping, and great restaurants. Appropriate
service and consumption of alcoholic beverages contributes to the vitality of Los Gatos.
This policy provides parameters for alcoholic beverages service, particularly addressing
late night service when alcohol related incidents are most likely to occur and when the
disturbances to Town resident is least tolerable.
The service of alcoholic beverages, with or without meals, 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 and customer service of our commercial centers in which restaurants
and other businesses have an essential role. Hours of operation and types of activities 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 Council may approve a conditional use permit to serve alcoholic beverages based on
the merits of the application and subject to the following requirements.
H. General policy
The Town shall continue to strongly discourage new applications for bars.
2. The Town shall continue to discourage applications for late night (after 10 p.m.)
entertainment establishments serving alcoholic beverages, and strongly discourage
nightclubs, ultra lounges or similar establishments typically offering late night
alcohol service including bottle service.
Entertainment in association with an eating or drinking establishment or incidental
to other uses (e.g. art gallery) may be allowed pursuant to the standards and permit
process contained in a separate Late Night Entertainment Policy.
4. Alcoholic beverage service for new conditional use permit applications or
applications for modifications of a conditional use permit shall not be allowed:
A. After 11 p.m. Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 a.m. Friday, Saturday, holidays or evenings before holidays.
5. 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.
6. Any establishment serving alcoholic beverages shall be subject to the following:
A. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
not 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 California
Restaurant Association.
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 or other ride service telephone numbers shall be posted in a visible
location.
7. The deciding body shall make the following findings prior to approving an
application for conditional use permit to provide late night service of alcoholic
beverages past 10 p.m.:
A. Late night service will not adversely impact adjacent residential
neighborhoods
B. The applicant at this or other locations does not have a history of complaints
and non - compliance with local ordinances or the Alcoholic Beverage
Policy.
8. Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation is provided to limit access to the alcoholic beverage service
area to patrons of the establishment only. The Town Manager or designee shall
review and determine the adequacy of proposed improvements. The separation
shall have visible signage that clearly inform patrons that alcoholic beverages are
not allowed outside the restaurant seating area.
III. Specific Policy
1. Restaurants Without Separate Bars:
A. Alcoholic beverages may only be served to patrons waiting for their table and with
meals.
2. Restaurants With Separate Bars:
Restaurants requesting separate bar areas shall have the separate bar area be ancillary and
subordinate to the primary purpose of serving food and should comply with the following
criteria:
A. Unless otherwise approved by the deciding body, the bar area is restricted to having
no more than 20 percent of the total floor area for service to patrons allowed for the
establishment.
B. The bar cannot stay open past the hours of operation of the restaurant.
C. Full meal service must be provided at all times when alcohol service is available. A meal
is defined as a combination of food items selected from a menu (breakfast, lunch or
dinner). Hot or cold snacks, such as popcom, peanuts, pretzels, relish trays, etc., are not
meals.
D. Alcoholic beverage service in the dining room area is only allowed in conjunction with
food service. Additionally, the dining room area may not be converted to bar area. An
area for dancing can be approved with a conditional use permit and must be consistent with
the Late Night Entertainment Policy.
E. Meal service must be available to patrons in the bar area.
F. Specific hours of operation are determined by the deciding body subject to this policy.
G. Doors and windows may not be left open after 10:00 p.m.
3. Other Establishments Serving Alcohol
This Policy acknowledges that alcoholic beverages may be served in other types of
establishments and that the Town's conditional use permit process provides the necessary
controls to regulate them. These establishments include but are not limited to banquet
halls, wine bars (defined as alcoholic beverage offerings limited to wine and beer), wine
tasting at wineries (defined as wineries offering one ounce pour per taste), brew house
(defined as alcoholic beverage offerings limited to beer), beer tasting at breweries (defined
as breweries offering two ounces per taste). Alcoholic beverage service associated with
other uses (e.g., art galleries and retail) that occurs less than two times per year do not
require a CUP, and must meet all State requirements.
4. Bars
Bars offer only alcoholic beverage service.
A. Specific hours of operation are determined by the deciding body subject to this policy.
B. Doors and windows may not be left open after 10:00 p.m.
IV. Review Process for Establishments Requesting the Service of Alcoholic Beverages
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.
2. Changes in ownership 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 Department 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 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 Director Community Development Department 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.
D. If there are violations of the use permit that have not been voluntarily corrected
by the business owner the matter will be forwarded to the Planning
Commission for 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.
V. Alcoholic Beverage Service Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager
or designee 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
29.30.310(b) of the Town Code will be based on, but not limited to the following factors:
The number and types of calls for service at or near the establishment that are a
direct result of patrons' actions:
2. The number of complaints received from residents and other citizen concerning the
operation of an establishment;
3. The number of arrest for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
4. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
5. Violation of conditions of approval related to alcoholic beverage service.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21" day of October 2014, by the following vote:
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
\ -DI V R1 SOS '014- 4koholPOlici -Ro,, 1C 1021- 14_docs
This Page
Intentionally
Left Blank
RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING A COUNCIL POLICY REGULATING LATE NIGHT ENTERTAINMENT
WHEREAS, Los Gatos has a unique brand of sophistication that supports active healthy lifestyles
and provides family friendly amenities, good shopping, and great restaurants; and
WHEREAS, the enjoyments of entertainment prior to 10 p.m. contributes to the vitality of Los
Gatos; and
WHEREAS, the Town Council desires to balance the regulation of late night entertainment 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 desires to adopt a Council Policy regulating late night entertainment
to meet the current needs of the community.
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los Gatos adopts
the Town of Los Gatos Council Policy Regulating Late Night Entertainment as presented below:
POLICY REGULATING LATE NIGHT ENTERTAINMENT
I. Purpose
Los Gatos has a unique brand of sophistication that supports active, healthy lifestyles and
provides family friendly amenities, good shopping, and great restaurants. The enjoyment of
entertainment prior to 10 p.m. contributes to the vitality of Los Gatos. For the purposes of
this policy, entertainment is defined as consisting of one or more of the following:
amplified music, live performance, dancing, DJ, karaoke, jam sessions, and /or other related
activities.
ATTACHMENT 2
Late night entertainment (after 10 p.m.), 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 late night entertainment when disturbances to
Town residents are least tolerable.
Late night entertainment 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,
vibrancy, and vitality of the Town's commercial centers. Hours of operation and types of
activities may be regulated based on an establishment's proximity to residential
neighborhoods, the concentration of entertainment establishments in an area, or for other
reasons that affect the quality of life in Los Gatos.
The deciding body may approve a conditional use permit to allow late night entertainment
based on the merits of the application and subject to the following requirements. The
deciding body may approve an entertainment permit subject to this policy.
II. General policy
1. An existing establishment with a conditional use permit (CUP) that requires
compliance with the Town's Entertainment Policy and desires to obtain an
Entertainment Permit would not be subject to changes in its existing conditional use
permit as long as the establishment remains in good standing.
2. An existing establishment with a CUP that expressly prohibits entertainment would
need to obtain an amendment to the conditional use permit to add an allowance for
entertainment. The intent is not to reconsider other conditions in the CUP unless
requested by the applicant. The Entertainment Permit could be considered with the
CUP amendment.
3. This policy is intended to work with the Town's other policies and procedures,
including but not limited to, its land use requirements and its policies pertaining to
alcoholic beverage service.
III. Review and Enforcement Processes for Establishments with Late Night Entertainment
1. Proposals involving late night entertainment shall be subject to an annual
Entertainment Permit in addition to meeting the Town's land use requirements. The
Entertainment Permit must be renewed annually to ensure the establishment is
meeting the following operational and other standards.
a. The establishment is responsible for ensuring that noise from the entertainment
meets the Town's noise ordinance.
b. The establishment is responsible for encouraging patrons to be respectful of
adjacent public and private property after they leave the establishment and enter
adjacent parking lots or nearby public streets by not participating in disruptive
2
behavior. Such behavior includes but is not limited to criminal activity,
vandalism, loud talking, public urination, and revving of vehicle engines.
c. The Permit may include conditions beyond these standards based on issues raised
during the permit process.
2. Late night entertainment (after 10 p.m.) is subject to a public hearing before the
Planning Commission, with appeal to the Town Council. These proposals may
require the preparation of a Noise Study at the applicant's expense, in order to
determine the acceptability of the proposed use and /or sound attenuation or
mitigation measures that would be required in order to allow the use consistent with
the Town's Noise Ordinance. Additionally, approved Entertainment Permits may be
conditioned by the approval body to require the operator of the business to provide at
his or her expense on -going noise monitoring, annual permit compliance reviews, or
the preparation of regular noise reports at the discretion of the approval body. The
Late Night Entertainment 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.
a. The first Entertainment Permit issued for an establishment should be
considered under "Public Hearings" on the agenda of the deciding body.
b. The second and subsequent renewal of the Entertainment Permit for the
establishment may be considered under "Consent Calendar" on the agenda of
the deciding body if there are no compliance concerns.
3. Entertainment Permits issued by the Planning Commission or Town Council shall be
enforced and revoked similar to conditional use permits per the Town Code Section
29.30.310(b) authorizing the Town Manager or designee to take enforcement action
if it is determined that the late night entertainment establishment has become a
nuisance to the Town's public health, safety or welfare. Enforcement of Section
29.30.310(b) of the Town Code will be based on, but not limited to the following
factors:
a. The number and types of calls for service at or near the establishment that are
a direct result of patrons' actions:
b. The number of complaints received from residents and other citizen
concerning the operation of an establishment;
C. The number of arrest for alcohol, drug, disturbing the peace, fighting and
public nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic
Beverage Control office and the County Health Department;
e. Violation of conditions of approval related to late night entertainment.
3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 21"day of October 2014, by the following vote:
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
N`. D F % RI SOS 2014 1. w Night F ntcitainmcait.docx
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES
I. Purpose
Los Gatos has a unique brand of sophistication that supports active. health lifestyles and
provides family friendly amenities, good shopping, and great restaurants. Appropriate
service and consumption of alcoholic beverages contributes to the vitality of Los Gatos. The
side is —This policy provides parameters for alcoholic beverages service, particularly
addressing late night service when alcohol related incidents are most likely to occur and
when the disturbances to Town resident is least tolerable.
The service of alcoholic beverages, with or without meals, past 'r �� 10 PN4 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 and customer service of our commercial centers in
which restaurants and other businesses have an essential role. Hours of operation_qnd types
of activities 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 deem ding bedvCouncil may approve a conditional use permit to serve alcoholic
beverages based on the merits of the application and subject to the following requirements.
H. General policy
The Town shall continue to strongly discourage new applications for stand alone
bars or restaurants with separate bars.
2. The Town shall continue to discourage applications for late night (after 10 P.m.)
entertainment establishments serving alcoholic beverages, and strongly discourage
nightclubs, ultra lounges or similar establishments typically offering late night
alcohol service including bottle service.
3. Entertainment in association with an eating or drinking establishment or incidental to
other uses (e.g. art gallery) may be allowed 4- pursuant to the standards and a- permit
process are adeptedcontained in a separate Late Night Entertainment Policv.
4. Alcoholic beverage service for new conditional use permit applications or
applications for modifications of a conditional use permit shall not be allowed:
A. After 11 1'- M —p.m. Sunday through Thursday, except for holidays and
evenings before holidays.
ATTACHMENT 3
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 5
B. After 1 AM -a.m. 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.
6. Any establishment serving alcoholic beverages shall be subject to the following:
A. Uniformed privately provided security guards may be required in or around
the premises by the Chief of Police if alcohol related problems recur that are
not 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
Restaurant Association.
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 or other ride service telephone numbers shall be posted in a visible
location.
The deciding body shall make the following findings prior to approving an
application for conditional use permit to serve - provide late night service of alcoholic
beverages past 10 P-- Mp.m.:
A. Late night service will not adversely impact adjacent residential
neighborhoods
B. The applicant at this or other locations does not have a history of complaints
and non - compliance with local ordinances or the Alcoholic Beverage Policy.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 5
1)-.8. Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation is provided to limit access to the alcoholic beverage service area
t;...., publie areas only to patrons of the establishment only. -F,re,'',�a�s
deterfni —b�-iThe Town Manager or designee shall review and determine the
adequacy of proposed improvements. The separation shall have visible sitmage that
clearly -, � , inform patrons that alcoholic beverages are-is not allowed outside the
restaurant seating area.
I11. Specific Policy
1. Restaurants Without Separate Bars:
A. Alcoholic beverages may only be served to patrons waiting for their table and with
meals.
2. Restaurants With Separate Bars:
Restaurants requesting separate bar areas shall have the separate bar area be ancillary and
subordinate to the primary purpose of serving, food and should comply with the follo\n ine
criteria:
A. Unless otherwise approved by the deciding, body, the bar area is restricted to having, no
more than 20 percent of the total seat-ingfloor area for service to patrons allowed for
the establishment.
B. The bar cannot stay pen past the hours of operation of the restaurant.
C. Full menu4e dmeal service must be provided at all times when alcohol service is
available. A meal is defined as a combination of food items selected from a menu
(breakfast, lunch or dinner). Hot or cold snacks, such as popcorn, peanuts, pretzels.
relish trays, etc., are not meals.
D. Alcoholic beverage service in the dining, room area is only allowed in conjunction with
food service. Additionally, the dining, room area may not be converted to bar area. An
area for dancing can be approved with a conditional use permit and must be consistent
with the Late Nig,ht Entertainment Policy.
E. Meal service must be available to patronsperm4ted in the bar area.
F. Specific hours of operation are determined by the deciding body subject to this policy.
G. Doors and windows shall eleseamay not be left open after 10:00
%Mp.ln..' .......,,..., b,,..:: c'.ge .,cr,.icc is pct- Ta7tccb ir' r the idining - area - only - hi-cvn.Jviiciicm
with meal serviee. Meal sep.iee .hall he :1..7.le at least ,tii elasing of I 1 DAA
Town of Los Gatos
Alcoholic Peverage Policy
Page 4 of 5
3. Other Establishments Serving Alcohol
This Policv acknowledges that alcoholic beverages may be Served in other types of
establishments and that the Town's conditional use permit process provides the necessary
controls to regulate them. These establishments include but are not limited to banquet halls
wine bars (defined as alcoholic beverage offerings limited to wine and beer) wine tasting at
wineries (defined as wineries offering one ounce pour per taste) brew house (defined as
alcoholic beverage offerims limited to beer) beer tasting at breweries (defined as breweries
offering two ounces per taste). Alcoholic beverage service associated with other uses (c g,
art galleries and retail) that occurs less than two times per year do not require a CUP and
must meet all State requirements.
4. Bars
Bats offer only alcoholic beverage service.
A Specific hours of operation are determined by the deciding body subject to this policy,
B. Doors and windows may not be left open after 10:00 p.m.
IV. Review Process for Establishments Requesting the Service of Alcoholic Beverages
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.
2. Changes in ownership 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 Department 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 issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation of
the business shall be solicited.
UMUMUMM
3. Other Establishments Serving Alcohol
This Policv acknowledges that alcoholic beverages may be Served in other types of
establishments and that the Town's conditional use permit process provides the necessary
controls to regulate them. These establishments include but are not limited to banquet halls
wine bars (defined as alcoholic beverage offerings limited to wine and beer) wine tasting at
wineries (defined as wineries offering one ounce pour per taste) brew house (defined as
alcoholic beverage offerims limited to beer) beer tasting at breweries (defined as breweries
offering two ounces per taste). Alcoholic beverage service associated with other uses (c g,
art galleries and retail) that occurs less than two times per year do not require a CUP and
must meet all State requirements.
4. Bars
Bats offer only alcoholic beverage service.
A Specific hours of operation are determined by the deciding body subject to this policy,
B. Doors and windows may not be left open after 10:00 p.m.
IV. Review Process for Establishments Requesting the Service of Alcoholic Beverages
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.
2. Changes in ownership 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 Department 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 issuance of a business license, surrounding/impacted
property owners shall be notified and any comments regarding the operation of
the business shall be solicited.
Town of Los Gatos
Alcoholic Beverage Policy
Page S of S
C. If the Director Community Development Department 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.
D. If there are violations of the use permit that have not been voluntarily corrected
by the business owner the matter will be forwarded to the Planning Commission
for public hearing pursuant to Section 29.20.310 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.
V. INL. Alcoholic Beverage Service Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager or
dcsi (_ncc 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
29.30.310(b) of the Town Code will be based on, but not limited to the following factors:
1. The number and types of calls for service at or near the establishment that are a
direct result of patrons' actions:
2. The number of complaints received from residents and other citizen concerning the
operation of an establishment;
3. The number of arrest for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
4. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department;
5. Violation of conditions of approval related to alcoholic beverage service.
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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