Attachment 4 Draft Code ch 3ARTICLE VII. 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.
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. However, late night
entertainment after 10 p.m., if not regulated, can jeopardize public safety, result in an increase of
1
ATTACHMEKT 4
calls for police services and compromise the quality of life for Town residents. This Article
provides parameters for late night entertainment when disturbances to Town residents are least
tolerable.
See. 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:
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, amplified music, dancing, a video jockey (VJ) or a disc
jockey (DJ), karaoke, jam sessions, and /or other related activities that 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 with limited human
interaction or control of any radio, television, videos, music recording device /player, digital
recording device /player or juke box for the benefit of the patrons inside an establishment.
Sec. 3.70.020. Permit Requirement.
a) No person, whether as a principal, agent, officer, employee or member, shall perform,
sponsor, conduct, provide or facilitate live entertainment uses after 10:00 p.m. without first
obtaining an Entertainment Permit pursuant to this article.
2
b) An existing establishment with a Conditional Use Permit (CUP) that 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.
c) An existing establishment with a CUP that expressly prohibits entertainment would need
to obtain an amendment to its Conditional Use Permit to remove the prohibition or add an
allowance for entertainment. Other conditions in the CUP shall not be addressed unless
requested by the Applicant. The Entertainment Permit shall be considered with the CUP
amendment.
Sec. 3.70.025. Application for Permit; Fee.
a) Any person, partnership, or other entity desiring to provide live entertainment after 10:00
p.m. 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 after
10:00 p.m. unless and until a permit has been issued by the Town. The written application for a
permit shall be submitted to the Community Development Department along with copies 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.
(2) The applicant(s) address of any location where applicant has engaged in business for
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
(3) The address of the proposed location for which the permit is being requested, 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 exiting 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 ally kind pursuant to the operation of the business, including attorney's fees,
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 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:
(1) Activities included in a valid Special Event Permit issued by the Town.
(2) Public events sponsored by the Town, County, State, or Federal governments.
(3) Town approved public events located in Town parks or public facilities.
4
(4) Events hosted or sponsored by a local school district for the benefit of the
community.
(5) Theaters, playhouses and a cinemas permitted by Chapter 29 (Zoning Regulations) of
the Town Code.
(6) Dance recitals and other artistic performances of performing art or music schools
permitted by Chapter 29 (Zoning Regulations) of the Town Code.
(7) Private music lessons or recitals permitted by Chapter 29 (Zoning Regulations) of the
Town Code.
(8) Religious institutions services or worship activities.
Sec. 3.70.030. Investigation for permit.
a) Upon receipt of the completed application (including all required documents) and the
required fee, the Director of Community Development and the Chief of Police shall each conduct
a review 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 review.
b) 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. A noise analysis, prepared by a Town
approved consultant at the applicant's expense, may be required 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 to be in compliance with the Town's Noise Ordinance.
5
c) The Chief of Police shall determine whether the conduct of the business at the proposed
location will not compromise the health, safety and welfare of the community.
d) Following the completion of the reviews 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 denied, subject to the provisions of
this chapter, and the Community Development Director shall provide the recommendations to
the Planning Commission for consideration at a public hearing.
Sec. 3.70.035. Issuance or grounds for denial.
a) Permit Review and Determination. The proposed live entertainment use after 10:00 p.m.
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.
b) Planning Commission. Applications for proposed live entertainment uses after 10:00 p.m.
shall be reviewed by the Planning Commission for determination pursuant to Chapter 29 of the
Town Code.
c) Town Council. Applications for proposed live entertainment uses after 10:00 p.m. maybe
appealed to the Town Council pursuant to Chapter 29 of the Town Code.
d) Conditions of Approval. Any permit issued pursuant to this article, shall be subject to the
following conditions:
(1) Shall be subject to conditions as may be imposed by the deciding body that are
reasonably related to the purpose and intent of this chapter and public health, safety, and
welfare which shall include an annual review of the permit.
6
(2) Maintain a valid operational agreement for live entertainment uses after 10:00 p.m.
(3) Maintain a valid Town business license.
(4) The deciding body may 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.
e) Grounds for Denial. An application for a permit to conduct live entertainment shall be
denied based on any of the following grounds:
1) For a business that serves alcohol, the applicant, officer, employee, or agent is
under twenty -one years of age.
2) The applicant, officer, employee, or agent had a similar type of permit previously
suspended, revoked or denied for good cause within the immediately preceding five
(5) year period.
3) The applicant, officer, employee, or agent 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 deciding body that 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) A determination by the deciding body that following a public hearing that the use
at its proposed location compromises the public health, safety, or welfare of the
community.
7
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.
See. 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 deciding body. 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.
See. 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. This permit is separate and apart from any Conditional Use
Permit and specifically does not run with the land. The Town retains the right of review and
approval (or denial) of each permit based on its merits and shall not be construed to be a right
of development.
See. 3.70.055. Law enforcement inspections.
Any person or entity operating under a live Entertainment Permit under the provisions of
this chapter shall hold that business open for inspection by local law enforcement during all
hours of operation. The Chief of Police or designee may conduct periodic inspections of the
business without notice.
U
See. 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 deciding body 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) The Director procedure for revocation or suspension of permit:
(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
01
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 Planning Commission not more than sixty working days after the personal
service of the permitee notice 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 grounds for suspension or
revocation of the permit exist.
(3) Decision. The Planning Commission 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 Planning Commission shall be served on the
permitee in the same manner of delivery as set forth in Section (b)(1) above.
(4) Appeal. Any decision to revoke or suspend a permit for live entertainment uses
after 10:00 p.m. may be appealed to the Town Council pursuant to Chapter 29 of the
Town Code.
(4) Effective date of revocation or suspension. Any suspension or revocation of a
permit shall become effective immediately upon the personal service of the 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.
10
(5) Surrender of suspended or revoked permit. Upon a written decision by the Town
Council, 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.
See. 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 tern of imprisonment in the county jail for a period not exceeding six
months.
(c) 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.
pit
(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.
12
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, amplified music, dancing, a video jockey (VJ) or a disc jockey (DJ),
karaoke, jam sessions, and /or other related activities that 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 with limited human interaction or control of
any radio, television, videos, music recording device /player, digital recording device /player or
juke box for the benefit of the patrons inside an establishment.
Section 29.20.750. Planning Commission
The Planning Commission:
(25) Determines applications for live entertainment permits as referenced in Chapter 3, Article
VII of the Town Code.
Section 29.20.755 Town Council
The Town Council:
(]])Hears and determines Planning Commission appeals regarding applications for 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
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:
2
(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 - industri al 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.
3
This Page
Intentionally
Left Blank