Attachment 1RESOLUTION 2001 - 10 6
RESOLUTION OF THE TOWN COUNCI L
OF THE TOWN OF LOS GATO S
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLIC Y
WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety ,
result in an increase of calls for police services and compromise the quality of life for Tow n
residents ; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverag e
service and protection of residential neighborhoods with the goal of maintaining a vibrant an d
successful Downtown and commercial areas throughout Los Gatos ; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issue s
relating to service of alcoholic beverages ; and
WHEREAS, the Town Council has indicated a desire to review all applications for ne w
alcohol service or change in existing service, and a need to amend the existing Alcohol Policy ,
THEREFORE BE IT RESOLVED :the Town Council of the TOWN OF LOS GATO S
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A .
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 7th day
of September, 2001, by the following vote :
COUNCIL MEMBERS :
AYES :
Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman ,
Mayor Joe Pirzynski .
NAYS : None
ABSENT : None
ABSTAIN : None
ATTEST :
CLERK OF THE TOWN OF LOS GATO S
LOS GATOS!CALIFORNIA
SIGNED :
LOS GATOS, CALIFORNI A
2
POLICY REGULATING THE CONSUMPTION AN D
SERVICE OF ALCOHOLIC BEVERAGE S
L
Purpos e
The consumption or service of alcoholic beverages, if not regulated, can jeopardize publi c
safety, result in an increase of calls for police services and compromise the quality of life fo r
Town residents . This policy provides parameters for alcoholic beverage service, particularl y
addressing late night service when alcohol related incidents are most likely to occur and whe n
the disturbances to Town residents is least tolerable .
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionar y
privilege to be determined on a case by case basis . The following provisions are intended t o
balance the protection of residential neighborhoods in close proximity to commercial district s
and still maintain the viability of our commercial centers in which restaurants have an essentia l
role. Hours of operation may be regulated based on an establishment's proximity t o
residential neighborhoods or schools, the concentration of establishments in an area servin g
alcoholic beverages or for other reasons that may arise at the public hearing .
The deciding body may approve a conditional use permit to serve alcoholic beverages base d
on the merits of the application and subject to the following requirements :
H.
General policy
1.The Town shall continue to strongly discourage new applications for stand alone bar s
or restaurants with separate bars .
2.The Town shall continue to discourage applications for entertainment establishment s
serving alcoholic beverages .
3.Entertainment in association with an eating or drinking establishment may be allowe d
if standards and a permit process are adopted .
4.Alcoholic beverage service for new conditional use permit applications or application s
for modification of a conditional use permit shall not be allowed :
A.After 11 PM Sunday through Thursday, except for holidays and evening s
before holidays .
B.After 1 AM Friday, Saturday, holidays or evenings before holidays .
An existing establishment with a conditional use permit in good standing allowed to serv e
alcoholic beverages past the hours stated above may continue to operate under their existin g
hours of operation .
Exhibit A
Town of Los Gato s
Alcoholic Beverage Policy
Page 2 of 4
5 .
Any establishment serving alcoholic beverages shall be subject to the following :
A.Uniformed privately provided security guards may be required in or aroun d
the premises by the Chief of Police if alcohol related problems recur that ar e
'not resolved by the licensed owner .
B.At the discretion of the Chief of Police, periodic meetings will be conducte d
with representatives from the Police Department for on-going employe e
training on alcoholic beverage service to the general public .
All establishments shall use an employee training manual that addresse s
alcoholic beverage service consistent with the standards of the California n
restaurant Association.
D.All licensed operators shall have and shall actively promote a designate d
driver program such as complimentary non-alcoholic beverages for designate d
drivers.
E.Taxicab telephone numbers shall be posted in a visible location .
6 .
The deciding body shall make the following findings prior to approving an applicatio n
for conditional use permit to serve alcoholic beverages past 10PM :
A.Late night service will not adversely impact adjacent residentia l
neighborhoods .
B.The applicant does not have a history of complaints and non-compliance wit h
local ordinances or the Alcoholic Beverage Policy .
C.The applicant has demonstrated a clear benefit to the community .
7 . A meal is defined as a combination of food items selected from a menu (breakfast ,
lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relis h
trays, etc. (hot or cold) are not meals .
8 . Alcoholic beverage service in approved outdoor seating areas may be permitted i f
adequate separation from public areas is provided as determined by the Tow n
Manager . The separation shall clearly suggest that alcohol is not allowed outside th e
restaurant seating area .
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
IIL Specific Policy
1.
Restaurants :
Alcoholic beverages may only be served with meals .
2.
Restaurants With Separate Bars :
Alcoholic beverage service is permitted in the dining area only in conjunction wit h
meal service . Meal service shall be available until closing or 11 PM Sunday throug h
Thursday and until 12 midnight Friday, Saturday, holidays and evenings befor e
holidays, whichever is earlier, if late night bar service is available . Specific hours of
operation for each establishment are determined upon issuance of a conditional us e
permit .
IV. Review Proces s
1.Proposals for new bars or restaurants with bars and all requests for new alcoho l
service or a change to existing service shall be reviewed by the Planning Commission .
The Commission will make a recommendation to the Town Council and the Counci l
shall have final review authority .
2.Changes in ownership for businesses involving service of alcoholic beverages shall b e
reviewed by the'Community Development Department. The following process wil l
be followed :
a.The Director of Community Development shall contact the new busines s
owner to make them aware of the conditions of approval attached to the Use
Permit for the location.
b.One year following issuance of a business license, surrounding/impacte d
property owners shall be notified and any comments regarding the operatio n
of the business shall be solicited .
c.If the Director of Community Development becomes aware of any alcoho l
related impacts on the surrounding neighborhood, the Director shall revie w
the operation of the business to determine whether there is a violation of th e
use permit .
Town of Los Gatos
Alcoholic Beverage Policy
Page 4 of 4
d.If there are violations of the use permit that have not been voluntaril y
corrected by the business owner the matter will be forwarded to the Plannin g
Commission for public hearing pursuant to Section 29 .20 .310 of the Zoning
Ordinance .
e.Pursuant to Section 29 .20 .315 of the Zoning Ordinance the Plannin g
Commission may revoke or modify the conditional use permit if it finds tha t
sufficient grounds exist .
IV. Enforcemen t
All conditional use permits issued to establishments for alcoholic beverage service on-sit e
shall be subject to Section 29 .30 .310(b) of the Town Code authorizing the Town Manage r
to take enforcement action if it is determined that the sale of alcohol has become a nuisanc e
to the Town's public health, safety or welfare . Enforcement of section 29 .20 .310(b) of the
Town Code will be based on, but not limited to, the following factors :
I.The number and types of calls for service at or near the establishment which that are
a direct result of patrons actions ;
II.The number of complaints received from residents ad other citizens concerning th e
operation of an establishment ;
The number of arrests for alcohol, drug, disturbing the peace, fighting and publi c
nuisance violations associated with an establishment ;
IV.The number and kinds of complaints received from the State Alcoholic Beverag e
Control office and the County Health Department ;
V.Violation of conditions of approval related to alcoholic beverage service .
The Alcoholic Beverage Policy is not to be construed to be a right of development . The Town retain s
the right of review and approval (or denial) of each project based on its merits .
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