Attachment 3 Draft Code ch 29DRAFT LANGUAGE REGARDING SERVICE OF ALCOHOL
Sec. 29.20.181 — Compliance review and enforcement
(a) Conditional Use Permits are vested with a specific property and may be subject to new
ownership or operation. To assist new owners or operators with an existing Conditional Use
Permit, the Town shall:
(1) Provide the conditions of approval attached to the Conditional Use Permit for the location
at the time of application for a business license and or a Certificate of Use and
Occupancy.
(2) When a complaint is received staff shall review the operation of the business to determine
whether there is a violation of the Conditional Use Permit.
(3) If 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 public hearing pursuant to Section 29.20.310.
(4) Pursuant to Section 29.20.315 the Planning Commission may revoke or modify the
Conditional Use Permit if it finds that sufficient grounds exist.
(b) All Conditional Use Permits issued to establishments with on -site alcoholic beverage service
shall be subject to Section 29.20.310 of the Town Code authorizing the Town Manager or
designee to take enforcement action if it is determined that the service of alcohol has become
a nuisance to the Town's public health, safety or welfare. Implementation of Section
29.20.310 of the Town Code shall be based on, but not limited to:
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(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 and types of complaints received and addressed through the Town's Code
Compliance process concerning the operation of an establishment;
(3) The number of arrests 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) Violations of conditions of approval related to alcoholic beverage service.
• Sec. 29.20.191. — Conditional Use Permits for service of alcoholic beverages — Purpose
and Intent.
(a) This section shall govern establishments that serve alcoholic beverages on -site, including but not
limited to: restaurants, bars, wine bars and wine and /or beer tasting establishments or tastings
provided in conjunction with other commercial operations.
(b) Appropriate service and consumption of alcoholic beverages contributes to the vitality of Los Gatos
and its variety of quality establishments. Parameters for alcoholic beverage service are necessary to
limit the impact of this privilege on the community. As such, alcoholic beverage service shall be
limited to 10:00 p.m. daily unless specific findings can be made by the deciding body.
(c) The service of alcoholic beverages, with or without meals, is a discretionary privilege to be
determined on a case by case basis through the Town's permitting process. The standards of review in
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Section 29.20.192 are intended to balance the protection of residential neighborhoods in close
proximity to commercial districts and still maintain the viability and customer service of commercial
centers in which restaurants and other businesses have an essential role. Establishments with limited
or no food service are discouraged.
(d) The Town Council may approve a Conditional Use Permit to serve alcoholic beverages based on the
merits of the application and subject to the requirements in Section 29.20.192.
Sec. 29.20.192. - Conditional Use Permit applications for service of alcoholic beverages
— Standards of Review.
(a) When reviewing an application for a Conditional Use Permit or modification to a Conditional
Use Permit to serve alcoholic beverages, the deciding body shall consider the following
factors in addition to those required by Section 29.20.190.
a. The type of alcohol establishment. Unless approved by the deciding body,
applications for restaurants with alcohol service shall comply with the following:
i. If a separate bar is present within the restaurant it shall occupy no more than 20
percent of the total floor area dedicated to dining.
ii. Bar areas shall have the same hours as that of the restaurant.
iii. Meal service must be provided at all times when alcohol service is available.
iv. Meal service must be available to patrons siting at the bar.
b. Any increase in bar seating or floor area is considered an intensification of use
(Section 29.20.200) and requires approval by the deciding body.
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c. Unless approved by the deciding body, alcohol service is permitted only with a meal.
With the following exception:
i. Restaurants may provide alcoholic beverages to waiting patrons in designated
waiting or bar areas only.
(2) Entertainment:
a. In association with an eating or drinking establishment or incidental to other uses
(e.g. art gallery) entertainment may be allowed pursuant to the standards and permit
process contained in Chapter three article seven of the Town Code.
b. Entertainment prior to 10:00 p.m. is permitted unless specifically restricted through
the Conditional Use Permit by the deciding body.
c. As provided in Section 3.70.020 (c) if a Conditional Use Permit which is in good
standing restricts Live Entertainment, the Conditional Use Permit may be modified to
permit appropriate Live Entertainment without modification of the remaining
conditions.
(3) Hours of operation: Specific hours of operation are determined by the deciding body.
Alcoholic beverage service shall be restricted to:
a. 10:00 p.m. unless the deciding body finds that the applicant does not have a history of
complaints or non - compliance and that the use will not adversely impact adjacent
residential neighbors. If granted, hours past 10:00 p.m. may not exceed:
i. 11:00 p.m. Sunday through Thursday, except for holidays and/or evenings before
holidays, and;
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ii. 1:00 a.m. Friday, Saturday, holidays and/or evenings before holidays.
b. An existing establishment with a Conditional Use Permit in good standing with
allowance to serve alcoholic beverages past the hours stated above may continue to
operate under its existing hours of operation.
c. Doors and windows may not be left open after 10:00 p.m.
(4) Any establishment serving alcoholic beverages shall be subject to the following
conditions:
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.
(5) 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
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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 informs patrons that alcoholic beverages are not allowed outside the
restaurant seating area.
(b) Proposals for new alcohol service within any establishment or a change to existing alcohol
service shall be reviewed by the Planning Commission. The Commission will make a
recommendation to the Town Council and the Town Council shall have final review
authority.
• Sec. 29.20.193. Conditional Use Permit applications for service of alcoholic beverages —
Exceptions.
(a) Alcoholic beverage service ancillary to other uses (e.g., art galleries and retail) that occurs less than
once a month and complies with all State requirements does not require a Conditional Use Permit.
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