Staff Report
PREPARED BY: MONICA RENN
Economic Vitality Manager
_______________________________________________________________________________________
Reviewed by: Assistant Town Manager Town Attorney Finance
______________________________________________________________________________
S:\COUNCIL REPORTS\2016\06-21-16\Entertainment Policy\Staff Report - Entertainment Policy FINAL.docx
MEETING DATE: 06/21/16
ITEM NO. 19
COUNCIL AGENDA REPORT
DATE: JUNE 13, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S
RECOMMENDATION FOR AN ENTERTAINMENT POLICY ALLOWING
ENTERTAINMENT BY RIGHT BEFORE 10:00 P.M. GIVEN COMPLIANCE
WITH THE CURRENTLY ADOPTED NOISE ORDINANCE IS MET AND
ALLOWANCE FOR LATE NIGHT ENTERTAINMENT AFTER 10:00 P.M.
WITH AN APPROVED PERMIT.
RECOMMENDATION:
Discuss and adopt the Policy Committee’s recommendation for an Entertainment Policy
allowing Entertainment by right before 10:00 p.m. given compliance with the currently adopted
noise ordinance is met and allowance for late night entertainment after 10:00 p.m. with an
approved permit.
BACKGROUND:
On October 6, 2015, the Council received public testimony at a Study Session regarding alcohol
beverage service and entertainment, and continued the item to a Study Session on November 3,
2015 to discuss next steps. At that meeting, Town Council directed staff to explore and bring
back a variety of economic vitality and business related topics including framework for an
ordinance or operational permit for alcohol and entertainment.
The Policy Committee began to review and explore the work that has been completed over the
last several years for alcohol and entertainment, noting that the complexity that continues to arise
during these discussions is due to the difference between issues associated with alcoholic
beverage consumption versus those regarding entertainment. As a result, the Policy Committee
is recommending that the two topics be separated and that the Council consider only a policy on
entertainment at this time (Attachment 1).
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION:
Entertainment is often desired by restaurants, cafes, retailers, and other merchants as an
enhancement of the environment for their patrons while within the confines of their location.
When responsibly executed, entertainment may provide merchants with the opportunity to attract
customers, create a more desirable experience, build return customer base, and market the
products and services provided. Especially in the setting of downtown or shopping centers,
entertainment can provide a draw for customers who then park once and patronize multiple
merchant locations.
Staff commonly receives requests from merchants for the ability to provide entertainment
including poetry readings; open microphone nights; live music for brunch and/or evening dinner
service; and grand openings or anniversary sales. The merchants have requested entertainment
to occur during the businesses’ normal operating hours and within the confines of their merchant
location. Given that these requests are not directly associated with alcohol beverage
consumption, staff concurs with the Policy Committee’s recommendation to separately regulate
entertainment and alcohol beverage consumption, and adopt a policy addressing entertainment at
this time to allow businesses to enhance their operations during the upcoming summer and
subsequent warmer weather months. This action is consistent with the Town Council’s
previously adopted Strategic Priority to strengthen the Town’s economic vitality and providing
businesses with greater opportunity for customer attraction and retention.
For the purpose of this report and the proposed policy, entertainment is defined as follows:
Entertainment means any activity conducted for the primary purpose of diverting or
entertaining persons in a premises open to the general public. Such entertainment
may include, but shall not be limited to, live musical performances, instrumental or
vocal , dance acts, concerts, live shows, amplified music or sound, dancing, DJ,
karaoke, jam sessions, and/or other similar activities.
In addition, this proposed policy also identifies any entertainment occurring after 10:00 p.m.
as late night entertainment, and describes i t as a discretionary privilege and is not to be
construed to be a right of development nor run with the land .
The Policy Committee recommends that the Town Council to adopt a policy that is simple for
businesses and staff to implement, monitor, and enforce. In the attached draft policy,
entertainment that is in compliance with the currently adopted noise ordinance defined in Section
16.20.25 of the Town Code regulating Commercial and Industrial zones would be allowed by
right before 10:00 p.m. (Attachment 2). Any establishment intending to have any entertainment
or amplified noise after 10:00 p.m. would be required to obtain an entertainment permit as
outlined in Attachment 1.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION (Continued):
With the recommended separation of entertainment from late night entertainment, the Policy
Committee discussed how these regulations could be implemented and enforced as they relate to
the following:
Existing Conditional Use Permits (CUPs)
Those establishments with existing CUPs that do not have conditions specifically
allowing entertainment fall into three categories: those with a CUP that is silent on
entertainment; those with a CUP that states they must comply with the Town’s provisions
on entertainment; and those with a CUP that denies the ability to have entertainment
and/or amplified sound.
For the first two categories of CUPs, the businesses would be able to observe the new
regulations upon the adoption of the proposed policy. In contrast, the last category, those
with disallowances of live entertainment and/or amplified sound would need to come
through the public process for a CUP modification.
The Council may elect to direct staff to allow such businesses to do one or both of the
following:
Offer businesses the option to modify their CUPs as a group, which would allow
them to be heard with other businesses, reducing the processing time and cost.
Offer businesses wishing to modify this condition, the opportunity to have only
the condition pertaining to entertainment and/or amplified sound considered and
not open their entire CUP for review or modification.
The deciding body for the modification would be the same as what was required for the
original CUP approval (i.e., establishments with alcohol would require a Town Council
hearing for consideration and approval of a CUP modification while minor restaurants
may be heard at either the Development Review Committee or Planning Commission
levels).
Late Night Entertainment Permit
When considering a late night entertainment permit for businesses, Section I of the
attached draft policy outlines the review process. The Policy Committee recommends
that the Development Review Committee be the deciding body for late night
entertainment permits with appeal rights to the Planning Commission and Town Council.
If it is the desire of the Council, an alternative approving body could be identified such as
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
DISCUSSION (Continued):
the Planning Commission. Fees for tis process would be the same as any application that
is heard at these levels. The DRC application is currently $3,982.23, the Planning
Commission application fee is $6,545.46
Permit Review and Renewal
The Policy Committee and staff recommend that any late night entertainment permit
expire immediately upon the change of ownership and not run with the land as CUPs do.
The Council may also elect to include a mandatory review cycle or renewal period for
each late night entertainment permit issued. Review and renewal could be processed at a
staff level with Town Manager approval for applications without code compliance
complaints on file.
Enforcement
With both entertainment and late night entertainment, the Code Compliance Division
and/or the Police Department would follow up on concerns and investigate possible
violations. Multiple founded violations could result in suspension or revocation of a late
night entertainment permit, and/or review and possible revocation of the establishment’s
CUP.
CONCLUSION/NEXT STEPS:
The Council is asked to discuss and adopt the Policy Committee’s recommendation for an
Entertainment Policy allowing entertainment by right before 10:00 p.m. given compliance with
the currently adopted noise ordinance is met, and allowance for late night entertainment after
10:00 p.m. with an approved permit.
Should the Town Council choose to adopt the attached draft policy as written, or with
modifications, consideration and direction should also be given on the following:
The allowance for multiple CUP modifications to be brought forward to the deciding
bodies together, rather than each business being required to file separately. Businesses
would still have the option to file separately, and in both instances, provide direction that
businesses may have only the condition pertaining to entertainment reviewed and
modified.
The review and renewal periods for late night entertainment permits including the
deciding body for initial approval and review/renewal cycles.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S RECOMMENDATION
FOR AN ENTERTAINMENT POLICY
JUNE 13, 2016
COORDINATION:
This report was coordinated with the Town Attorney’s and Town Manager’s Offices and the
Community Development Department.
ENVIRONMENTAL ASSESSMENT:
The adoption of the proposed policy is not a project under the California Environmental Quality
Act.
Attachments:
1. Draft Entertainment Policy
2. Section 16.20.025 of the Town Code pertaining to noise in Commercial and Industrial
zones.
COUNCIL POLICY MANUAL
Title: Policy Regulating Late Night Entertainment
Policy Number:
Effective Date:
Pages:
Enabling Actions:
Revised Date:
Approved:
Small Town Service Community Stewardship Future Focus
PURPOSE
Entertainment contributes to Los Gatos' vibrancy and adds to the richness of events and
gatherings, and shall not be regulated other than by Town Code. However, entertainment
occurring after 10 p.m. (“late night entertainment ”) can compromise the quality of life for
Town residents. Therefore, this policy has been created to establish a permitting process and
regulations for late night entertainment.
For the purposes of this policy, entertainment means any activity conducted for the primary
purpose of diverting or entertaining persons in a premises open to the general public. Such
entertainment may include, but shall not be limited to, live musical performances,
instrumental o r vocal, dance acts, concerts, live shows, amplified music or sound, dancing,
DJ, karaoke, jam sessions, and/or other similar activities.
Late night entertainment is a discretionary privilege and is not to be construed to be a right of
development nor run with the land. The following provisions are intended to maintain and
enhance the continuing vibrancy and viability of the Town's public and commercial centers
while providing reasonable protections to residential neighborhoods in close proximity to
those areas.
POLICY AND PROCEDURES
I. Review Processes for Establishments with Late Night Entertainment
1. A late night entertainment permit shall be issued be the Town Manager. The Town
Manager may refer any application for a permit to the Development Review
Committee for its consideration and determination, which may be appealed to
Planning Commission and Town Council. The Town Manager or other deciding body
retains the right of approval or denial of each application based on its merits.
2. In determining whether to approve or deny an application for a late night
entertainment permit, the following factors will be considered:
Attachment 1
a. The proposed use of the property is essential or desirable to the public
convenience or welfare;
b. The proposed use will not impair the integrity and character of the
zone;
c. The proposed use would not be detrimental to public health, safety or
general welfare; and
d. The proposed use of the property is in harmony with the applicable
guidelines, zoning ordinances, and/or provisions of the general plan.
3. An application and permit for late night entertainment shall be subject to all
applicable requirements of the Town Code, and any permit issued pursuant to this
policy shall include the following conditions:
a. The applicant shall be responsible for ensuring that noise resulting
from the entertainment meets all applicable provisions of the Town’s
noise ordinance. If noise complaints are received by Town Staff, the
Town reserves the right to require the applicant/permittee to hire a
consultant to monitor noise levels to ensure that noise levels are within
the parameters established by Town Code for the zone in which
entertainment is occurring.
b. Security measures, which may include the requirement that the
applicant employ private security personnel, shall be undertaken and
established in and around the entertainment venue to deter unlawful
conduct or disturbance to adjacent residential neighborhoods.
c. Additional appropriate conditions may be included in any permit as
may be determined necessary to protect the public health, safety or
general welfare.
4. Any venue with a Conditional Use Permit (CUP) that expressly prohibits
entertainment will be required to obtain an amendment to its CUP in order to offer
entertainment pursuant to this policy. An applicant's request to amend an existing
CUP for the express purpose of adding permitted entertainment will not open the
remainder of the CUP to amendment or alteration unless specifically requested by the
applicant.
5. Any permit issued pursuant to this policy may be suspended, modified or revoked by
the body that approved the permit following a public hearing if it is determined that
sufficient evidence exists that the permitted entertainment is operating, or has
operated, in a manner inconsistent with the requirements of its permit, or in a manner
that constitutes a public nuisance.
Title:
Page:
3 of 3
Policy Number: