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Desk Item1 NM F COUNCIL AGENDA REPORT DATE: MAY 5, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAGER MEETING DATE: 05/05/15 ITEM NO: 12 DESK ITEM SUBJECT: DRAFT TOWN CODE LANGUAGE FOR POTENTIAL ORDINANCES REGARDING ALCOHOLIC BEVERAGE SERVICE AND ENTERTAINMENT TO INCORPORATE THE RECOMMENDATIONS OF THE ALCOHOL AND ENTERTAINMENT AD HOC COUNCIL COMMITTEE REMARKS: Attachment 6 contains recently received public comments. Attachment 7 contains revised draft language for potential Town Code Amendments to the Chapter 29 (Zoning Ordinance) regarding Service of Alcoholic Beverages to clean up typographical errors and inconsistent fonts. In addition, this Desk Item responds to Council members' questions. How many existing businesses will be required to modify their Conditional Use Permits (CUPS) in order to take advantage ofpermitting live entertainment prior to 10:00 p.m.? Of the existing 115 CUPs that do not specifically allow live entertainment, 35 would require modifications to take advantage of the proposed allowance. In addition, only three of the existing CUPs would not require modification in order to take full advantage of the proposed allowance (Number One Broadway, Los Gatos Bar and Grill, and California Cafe). The majority of the existing CUPs that permit live entertainment include restrictions on where, when, and what type of music or entertainment is permitted. The most common restrictions prohibit outdoor entertainment and or amplification. 2. Would a public hearing be required for the modifications? A public hearing would be required for modification of an existing CUP. Current Town Code would require modifications to be approved by the original approving body. An alternative, the Town Council could consider the request modifications to be decided by PREPARED BY: LAUREL PREVETTI Assistant Town Manage Director of Co m Development Reviewed by: N/A Assistant Town Manager Town Attorney N/A Finance N: \DEV \TC REPORTS2015\Alcohol and EntertainmentADDENDUM- 2.docx Rerotmatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ALCOHOL AND ENTERTAINMENT MAY 5, 2015 the Development Review Committee (DRC) or the Planning Commission (PC), respectively. The draft Code language would be modified accordingly. 3. How much would modification of an existing CUP cost? The current Town fee schedule (amended annually) would require a fee equal to 75% of the current application fee based on the type of application: • Minor restaurant CUP approved by the DRC: $2,986.67 • Major restaurant, no alcohol service approved by the Planning Commission: $4,909.10 • Major restaurant with alcohol service approve by the Town Council $8,312.76 4. How many will want to modify their CUP and could we do a group public hearing to reduce the cost? At this point, the Town does not know how many businesses would be interested in making the modification. Given the unique conditions within existing CUPS, a single, combined hearing would be difficult. The deciding body may want to tailor the modified entertainment condition to be internally consistent with other conditions in the CUP, and/or consider the individual businesses on a case by case basis. If directed by the Town Council, staff could identify streamlining and cost saving options that would also maintain the ability of the public to provide testimony and participate in the process. 5. Clarify "inside an establishment" in proposed Section 3.70.015 Definitions. "Inside an establishment" means within the perimeters of the business operation including outdoor patios. As an alternative, the Council could direct that live entertainment can only occur indoors. 6 Clarify "Director" in proposed Section 3.70.060(b) Suspension or revocation of permit. "Director" means the Director of Community Development because the proposed procedure involves the Planning Commission. 7. The draft language pertaining to alcoholic beverage service and entertainment contains multiple references to compliance with the Town's noise standards without a specific methodology for ensuring compliance. How can the Council be assured that the Town's noise requirements will be met when they have not been in the past? The Town's noise standards are currently enforced on a complaint basis. Each complaint is investigated by the Town's Code Compliance Officer for daytime concerns or the Town's newly filled, part time evening Community Service Officer (CSO). Staff has a calibrated noise meter to measure the noise and take appropriate action to gain compliance. Pursuant to Council direction last August, the Town first attempts compliance through communication with the alleged violator. If compliance is not achieved, enforcement mechanisms are then PAGE MAYOR AND TOWN COUNCIL SUBJECT: ALCOHOL AND ENTERTAINMENT MAY 5, 2015 implemented including fines and other measures. Since fall 2014, most noise complaints pertain to the use of gas powered leaf blowers or the calls of peafowl in the neighborhoods. In the Council's consideration of the draft language, the Council could specify a methodology for noise compliance; require businesses to install noise meters at key doors and /or windows and report the noise readings; or direct other approaches to address this issue. 8. The proposed language for alcoholic beverage service in Section 29.20.181(b) identifies nuisance as a basis for enforcement. Typically, nuisance is a very high threshold and difficult to establish. What other thresholds could be identified as the basis for enforcement? The proposed language defines nuisance for purposes of enforcement of alcoholic beverage service by listing five specific parameters in Section 29.20.181(b) such as number and types of calls for service. The Council could chose to add further specificity by identifying a minimum number of calls for services, arrests, complaints, or other violations. 9. The proposed language for alcoholic beverage service with respect to meal service in Section 29.20.192(a)(1)(c) and —(d) are inconsistent with each other and also with Section 29.29.192(a)(3). The draft language in Attachment 7 represents the recommendations of the Ad Hoc Committee. The Committee discussed "modernizing" how people enjoy alcoholic beverages without requiring a meal. The Council can direct clarifications to specify a meal requirement or make other modifications for consistency and clarity. Attachments (Previously received with May 5 2015 Staff Renort): 1. October 21, 2014 Town Council Staff Report (including attachments) 2. October 21, 2014 Town Council Desk Item (including attachments) 3. Draft language for potential Town Code Amendments to the Chapter 29 (Zoning Ordinance) regarding Service of Alcoholic Beverages 4. Draft language for potential Town Code Amendments to Chapters 3 (Amusements) and 29 (Zoning Ordinance) regarding Entertainment Attachment received with Addendum: 5. Public comment Attachment received with this Desk Item: 6. Public comment 7. Revised draft language for potential Town Code Amendments to the Chapter 29 (Zoning Ordinance) regarding Service of Alcoholic Beverages THIS PAGE INTENTIONALLY LEFT BLANK �otst6�� May 4, 2015 Town of Los Gatos 110 E. Main St. Los Gatos, CA 95030 To: Ms. Laurel Prevetti, Community Development Director CC: Mr. Les White, Town Manager Honorable Planning Commission Honorable Town Council Re: Alcohol and Entertainment Policy Dear Ms. Prevetti, Since its inception, Rootstock Wine Bar has always been interested in providing elements of live entertainment to its customers, whether it be an acoustic guitar performance, or a Jazz trio, or any other suitable entertainment art form that would increase the enjoyability for our customers when visiting the establishment. At the time of application for our conditional use permit, it was our understanding that it would not be recommended for us to ask for live entertainment to be permitted, and that further the Alcohol and Entertainment policy would be reviewed and at some time in the future it may be prudent to pursue a live entertainment permit. We have closely followed the process the staff and elected officials have taken to revise this policy. We are pleased that what is being proposed is much simpler than what was originally presented, however even given the nature of the proposed language indicating that if an applicant for a CUP modification is not at risk for the provisions of the CUP other than the restrictions on entertainment being affected, we still do not understand why the Town Council cannot take action to simultaneously amend all provisions of all CUPS in the central business district that prohibit live entertainment as opposed to doing it on a case by case basis. The Town Council should take a blanket action to modify all provisions in CUPS in the central business district that currently state that live entertainment is not allowed to be amended to read "ENTERTAINMENT: Live entertainment is permitted before 10pm." Anyone wanting live entertainment after 10pm would be subject to having to have their CUP amended as well as attaining an entertainment permit (if that process is implemented) as suggested. The CUP modification process is costly to the applicants, who are primarily small businesses, as well as prohibitive in that some applicants may not clearly understand the process or want to take the time to go through it. 217 N Santa Cruz Ave Unit B Los Gatos, CA 95030 (408) 356.2300 Fax (408)356.2338 Attachment 6 Los Gatos is suffering. We are suffering from stiff competition from neighboring municipalities that have embraced things such as live entertainment and have found ways to navigate similar challenges that currently prohibit change in our beloved downtown. We need to be able to inject vibrancy into the Town and bring back customers. We think one of the best ways to do that would be to allow live entertainment and make the process as easy as possible. Individual CUP modification is too lengthy and complicated a process and will bog down Planning Commission and Town Council agendas that should be filled with items of greater concern. We support swift action by the Town Council to begin to allow live entertainment before 10pm for all as early as summer 2015. Thank you, Joey McCarthy Jim Foley Owners Rootstock Wine Bar DRAFT LANGUAGE REGARDING SERVICE OF ALCOHOL 6 See. 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 29.20.3 10 of the Town Code shall be based on, but not limited to: (1) The number and types of calls for service at or near the establishment that are a direct result of patrons' actions; 1 Attachment 7 (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 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 N 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 Pen-nit to serve alcoholic beverages based on the merits of the application and subject to the requirements in Section 29.20.192. See. 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. (1) The type of alcohol establishment. Unless approved by the deciding body, applications for restaurants with alcohol service shall comply with the following: a. 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. b. Bar areas shall have the same hours as that of the restaurant. c. Meal service must be provided at all times when alcohol service is available. d. Meal service must be available to patrons sitting at the bar. (2) 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. (3) Unless approved by the deciding body, alcohol service is permitted only with a meal. With the following exception: a. Restaurants may provide alcoholic beverages to waiting patrons in designated waiting or bar areas only. 3 (4) 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. (5) 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; 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 (6) 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. (7) 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 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 5 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. N:ADEV \TC REPORTS \2015 \Draft AB Ordinance.docx 3