Attachment 2 10.21 Desk Item1 NM OF
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COUNCIL AGENDA REPORT
DATE: OCTOBER 21, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER n
ROBERT SCHULTZ, TOWN ATTORNEYP5
MEETING DATE: 10/21/14
ITEM NO: 5
DESK ITEM
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
BEVERAGES.
B. ADOPT A RESOLUTION TO ESTABLISH A COUNCIL POLICY
REGULATING LATE NIGHT ENTERTAINMENT.
RECOMMENDATION:
1. 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.
REMARKS:
After the staff report for this item was distributed a Council member inquired about a Town
Code reference in the adopted Alcoholic Beverage Policy (ABP) and the recommended policies.
The ABP currently references Town Code Section 29.30.3 10 (b) which does not exist. That
Code Section is first referenced in the 1994 ABP which was adopted in February of 1994 and
again in the 2001 revised ABP. In May 1994, Ordinance 1976 modified Section 29.20.3 10 to
read as currently presented in Town Code, but it also added a new Section, Section
29.20.318. The Code Section that should have been referenced in the 1994, 2001, and currently
proposed Alcoholic Beverage Policy is 29.20.318 (b).
PREPARED BY: LAUREL R. PREVETTI /j 4.,
Assistant Town Manager /Dir ctor of Co unity Development
Reviewed by: N/A Assistant Town Manager Town Attorney Finance
N:1DEV\TC REPORTS\10 WARP and Entertainment Policies Report Revised- DESK.doex Refomtatted: 5130/02
ATTACHNI NT 2
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICY
OCTOBER 20, 2014
A copy of Town Code Section 29.20.318 is included as Attachment 4 for Council's reference.
The text of the specific section reads:
Sec. 29.20.318. Modification of operating hours of establishments serving alcoholic
beverages.
(b) If the Town Manager determines that the alleged violations have not been abated within
the time frames set forth in the Manager's notice of violation, the Town Manager may
cause a notice of hearing to be mailed to the current owners of the property and
establishment as disclosed in the most recent County assessor's roll and the Town
business license files. The notice of hearing will include a description of the violations
and specify a time and place for an administrative hearing before the Manager or the
Manager's designee. The hearing will occur no earlier than fifteen (15) days after the
mailing of the notice of hearing. The owners shall be entitled to present evidence
regarding the matter and to respond to the alleged violations. If the owners fail to appear
at the hearing, the Manager or designee may proceed to decide the matter without their
presence.
A Council member requested clarification on the meaning of "calls for service" which is located
on Page 6, Section V. 1. of Attachment 1, and on Page 3, Section 1113. a. of Attachment 2. Staff
interprets the meaning of this phrase as calls to the Police and /or Code Enforcement
Departments. Council can add clarification to this term if they determine that it is necessary.
A Council member asked if C. and E. on Page 4, Section III. 2. of Attachment 1 are redundant.
While staff acknowledges that they could be considered redundant, staff believes that having the
two separate statements provides clarification to staff and applicants. Council can make
modifications to this Section if they determine that it is appropriate.
Council members identified specific corrections to the prepared policies and the proposed
revisions have been compiled in Attachment 5. Staff will make the necessary corrections to the
final versions of the prepared resolutions if the policies are approved by the Town Council.
A Council member also requested a copy of the Town's Standards for Outdoor Restaurant
Seating which is. included as Attachment 6.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT POLICY
OCTOBER 20, 2014
Attachments 1 -3 (Previously received on October 16.2014):
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
Attachments 4 -6 (Received with this Desk Item):
4. Town Code Section 29.20.318.
5. Town Council corrections for proposed Alcoholic Beverage and Late Night Entertainment
Policies
6. Resolution 1994 -78 — Adopting Standards for Outdoor Restaurant Seating
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See. 29.20.318. Modification of operating hours of establishments serving alcoholic beverages.
(a) Notwithstanding section 29.20.310, if the Town Manager determines that there is cause to believe
that any establishment serving alcoholic beverages may be in violation of the Alcoholic Beverage
Policy adopted by the Council, the Town Manager will cause a notice of violation to be mailed to the
current owners of the property and establishment as disclosed in the most recent County assessor's
roll and the Town business license files. This notice will describe the alleged violations.
(b) If the Town Manager determines that the alleged violations have not been abated within the time
frames set forth in the Manager's notice of violation, the Town Manager may cause a notice of
hearing to be mailed to the current owners of the property and establishment as disclosed in the most
recent County assessor's roll and the Town business license files. The notice of hearing will include a
description of the violations and specify a time and place for an administrative hearing before the
Manager or the Manager's designee. The hearing will occur no earlier than fifteen (15) days after the
mailing of the notice of hearing. The owners shall be entitled to present evidence regarding the
matter and to respond to the alleged violations. If the owners fail to appear at the hearing, the
Manager or designee may proceed to decide the matter without their presence.
(c) if after the hearing, the Manager or the Manager's designee determines that the establishment is in
violation of the Town's Alcoholic Beverage Policy, the Manager or the Manager's designee may limit
the hours of operation of the establishment, up to and including closure no later than 10:00 p.m. until
the Manager or the Manager's designee determines that the violations have been abated. Upon
determination that the violations have been abated, the Manager will notify the owners of the
property and the establishment that the establishment is in compliance and will increase the operating
time limits as the Manager or designee determines is appropriate in light of the violations that
occurred and the abatement steps taken. The decision of the manager shall be effective immediately
and the establishment shall immediately conform its hours of operation to the Manager's order.
(d) Any interested person may appeal the decision of the Manager or the Manager's designee to the
Council as if it were a decision of the Planning Commission pursuant to section 29.20.275 and
following. During pendency of the appeal, the establishment shall conform to the hours set by the
Manager's order.
(e) In no event will the Town Manager or the Manager's designee have authority to restrict the hours
of operation to a time before 10:00 p.m. If the Manager determines that such a further restriction,
modification of other elements of the establishment or use permit, or revocation are appropriate, the
Manager will request the Planning Commission to consider the matter pursuant to section 29.20.3 10
N: \DEV \TC REPORTSQO]4\ABP and Entertainment Policies Report Revised -DESK Exh 4.docx
ATTACHMEW 4
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CORRECTIONS FOR PROPOSED POLICIES AS IDENTIFIED BY COUNCIL
Policy Regulating the Consumption and Service of Alcoholic Beverages (Attachment 1
Page 2, 1. first paragraph, last line — change "resident" to "residents"
Page 2, II. 1. and 2. — omit 'continue to"
Page 3, 11. 5. — verb agreement between "establishment' and "their" should be "its" not "their"
Page 3, 6. A. — move "by the Chief of Police" to after "may be required"
Page 4, 111.2. C. — change "provided" to "available"
Page 5, IV. 2. — defines the topic of this section as changes in ownership, but B, C, D and E seem
to refer to all so these are misplaced or need to be renumbered?
Page 6, V., 2. — change "citizen" to "citizens"
Page 6, V., 3. — change "arrest' to "arrests"
Page 6, V., 4. — change "office" to "Office"
Policy Regulating Late Night Entertainment (Attachment 2)
Throughout — suggest that it always be referred to consistently as Late Night Entertainment
Policy
Page 3, 3. b. — change "citizen" to "citizens"
Page 3, 3. c. — change "arrest" to "attests"
Page 3, 3. d. — change "from" to "by"
Page 3, 3. d. — change "office" to "Office"
:Ilk 1, 0111,Wi, r.0 ,c, "" I o,. ;,IIO V, dmz i;,,P, ;I u. + 1 ATTACHMENT 5
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RESOLUTION 1994 -78
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS ADOPTING
STANDARDS FOR OUTDOOR RESTAURANT SEATING
WHEREAS, outdoor restaurant seating can be an enjoyable experience, the orderly
placement and aesthetics must be regulated to protect the public health, safety and welfare.
RESOLVED: Exhibit A, the Standards for Outdoor Restaurant Seating are adopted.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 61h _
day of June, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V, Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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6A TACHMENT 8
10/21/14 TC Desk Item
STANDARDS FOR OUTDOOR RESTAURANT SEATING
1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed
on private property with a conditional use permit.
2. A physical delineation in the form of landscaping or planters is required to separate
public and private property. The height of the separation shall be a minimum of
three feet but no higher than four feet. The physical design and plant material
should compliment the design of the building and prevent passing or carrying
alcoholic beverages outside the restaurant seating area. Plant material shall be alive.
When alcoholic beverages are permitted in outdoor seating areas that are
immediately adjacent to a public pedestrian way, the landscape separation shall be
designed to clearly suggest that alcohol is not allowed outside the restaurant seating
area.
4. For outdoor seating areas immediately adjacent to the public right -of -way, a hold
harmless agreement shall be recorded releasing the Town from any liability related
to the outdoor seating.
5. When alcoholic beverage service is permitted outside, a restaurant employee shall
seat patrons.
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