study session staff report1pW N f
cos o�tos COUNCIL AGENDA REPORT
DATE: OCTOBER 1, 2015
MEETING DATE: 10/06/15
STUDY SESSION
TO:
MAYOR AND TOWN COUNCIL
FROM:
LAUREL R. PREVETTI, TOWN MANAGER
A�
4M�,
SUBJECT: STUDY SESSION TO DISCUSS ALCOHOL BEVERAGE SERVICE AND
ENTERTAINMENT
BACKGROUND:
The Town began work on amending the existing 2001 Alcoholic Beverage Policy (ABP)
(Attachment 1) while researching implementation of a new entertainment permit process in
2011, as directed by the Town Council. The initial intentions of the changes to the ABP were to
implement discussion and direction from the Town Council received during previous application
reviews and to address changes in current dining trends. The Town Council continued to
communicate this as a priority by including it in the Council's 2014 -16 Strategic Goals.
Town Planning Staff met with neighborhood groups, residents, and businesses throughout the
initial process in 2012 and 2013. Based on the initial direction from the Town Council and the
feedback received, staff drafted revisions to the ABP and a new Entertainment Ordinance for
consideration by the Planning Commission. Along with additional revisions and considerations
for the Town Council, the Planning Commission forwarded a recommendation of approval to the
Town Council in 2013. The Council considered the changes on April 7, 2014 (link to April 2014
report to the Council and supporting attachments for Agenda Item 8:
http: / /Iosgatos.granicus. com /GeneratedAgendaViewerphp ?view id =5 &clip id= 1229).
In response to the proposed changes, the Town Council decided to create an Ad Hoc Committee
on Alcohol and Entertainment, and appointed Mayor Steven Leonardis and Council Member Joe
Pirzynski.
On October 21, 2014, the Town Council discussed the Ad Hoc Committee's recommendations, and
reviewed a proposed update to the Alcoholic Beverage Policy and a new Late Night Entertainment
Policy (link to October 2014 report to the Council and supporting attachments for Agenda Item 5:
http://Iosgatos.eranicus.com/GeneratedAgendaViewer.php?view id =5 &clip id= 1315). At the
PREPARED BY: JOEL S. PAULSON
Planning Manger
IvIlLt
Reviewed by: Assistant Town Managerc!U 1°"Town Attorney Finance
WDEV \TC REPORTS\2015WIcohol &Ente imnentStudySmsion10- 6- 15.docx Reformatted: 5 /30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
October 1, 2015
meeting, the Council directed staff to incorporate the proposed changes into potential Town
Code Amendments to be reviewed by the Council prior to initiating the amendment process.
On May 5, 2015, the Town Council considered draft Town Code language for potential
ordinances regarding alcoholic beverage service (Attachment 2) and entertainment (Attachment
3) to incorporate the recommendations of the Alcohol and Entertainment Ad Hoc Council
Committee (link to May 2015 report to the Council and supporting attachments for Agenda Item
12: http:// Iosgatos. granicus .com /GeneratedAgendaViewer.12hy ?view id =5 &clip id= 1382). At
that meeting the Council sent the matter to the Policy Committee to consider the concerns and
decide if it should be changed or codified, and asked the Policy Committee to put it on an
expedited timeline.
On June 10, 2015, the Policy Committee unanimously agreed that the Alcohol and Entertainment
Policy should become an ordinance. The Policy Committee proposed drafting an alteration to
the current Los Gatos Code pertaining to the Central Business District for discussion at the July
30, 2015 Policy Committee meeting.
On July 30, 2015, the Policy Committee was presented proposed Code modifications pertaining
to alcoholic beverage service and entertainment provided by Mayor Jensen (Attachment 4) (link
to July 2015 report to the Policy Committee and supporting attachments for Agenda Item 2:
http: / /www.losgatosca .gov /AgendaCenter /ViewFile /Agenda /07302015 -516). Vice Mayor
Spector also distributed a memorandum with suggestions for a policy review process and
identification of major issues for consideration, such as:
• Goal of the revision: more or less restrictive
• Ordinance or Policy
• Conditional or Permitted Uses for Entertainment
• Conditional or Permitted Use for Alcohol Service
• Permit needed for Entertainment
• Allowances for outdoor seating
• Noise levels
The Policy Committee directed staff to frame the policy issues and questions for consideration
and recommendation by the Planning Commission to the Town Council. The Committee
requested to review and approve the framework at its next meeting.
On August 27, 2015, the Policy Committee reviewed and discussed the questions and issues identified
for future Planning Commission discussion of a potential revision of the Alcohol and Entertainment
Policy (link to August 2015 report to the Policy Committee and supporting attachments for Agenda
Item 2, please visit: http: / /www.los atg osca. gov /AgendaCenter /ViewFile /Amenda/08272015 -566).
At that meeting, the Committee directed staff to agendize the issue for a Town Council Study
Session to review the broad policy questions identified by the Policy Committee, and to provide
direction on whether the policy should remain a policy or become an ordinance with broad or
narrow regulation.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
October 1, 2015
DISCUSSION:
The following questions and issues are associated with an update to the Town's Alcohol and
Entertainment Policy and provide a framework for Council discussion. The Council's input will
determine the next steps in the Policy update process.
The framework below pertains to Town regulations only. Establishments would still need to
comply with state laws. To facilitate the Council's discussion, issues unique to alcohol and
entertainment are identified separately, followed by cross - cutting issues for both. The Council
may wish to focus on the first three questions for alcoholic beverage service and entertainment,
respectively, in the interest of time.
Alcoholic Beverage Service
1. Ordinance or Policy:
• Should the requirements for alcohol beverage service be provided in an Ordinance or
Policy?
An ordinance is the law of the Town that all businesses must comply with. Any
modification to the Code, particularly the Zoning Ordinance, requires noticed public
hearings before the Planning Commission and Town Council. The Town Council is
the final deciding body.
A policy is not required to go to Planning Commission prior to Council consideration.
The Council is the final deciding body and can modify a policy at any time. The
strength of the policy depends upon how it is written and the extent to which there is
flexibility for implementation (i.e., "shall" as opposed to "should" language).
Enforcement provisions could be written into either mechanism.
2. Goal of potential revisions:
• What is the intended outcome of any potential revisions?
• Should the Town increase or decrease its regulation of alcoholic beverage service?
3. Permit Requirement:
• Continue with a Conditional Use Permit (CUP) for all alcoholic beverage service
uses?
• Only require a CUP for establishments in which the primary activity is consuming
alcoholic beverages (e.g., bar, wine bar, craft beer tasting, etc.) and do not require a
CUP for restaurants and cafes?
• Only require a CUP for full alcohol service and not for establishments offering beer
and wine only?
• Require a CUP if a brewery, distillery, or winery offers tasting/on -site consumption?
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
October 1, 2015
• No CUP for occasional alcoholic beverage service, such as gallery openings, special
events at retail stores, office parties, etc.?
• Other?
4. Central Business District versus Town -wide:
Should Downtown have different requirements or should all establishments have the
same requirements regardless of location?
If different requirements, the remaining questions should be answered for both CBD
and the remainder of the Town.
5. Service of Alcoholic Beverages at Restaurants and Cafes:
• Only with food?
Allowance for a drink while waiting for a table with no food or appetizer?
• Allowed only in a separate bar or waiting area?
• Allowed in an outdoor waiting or seating area?
Allowance for an after dinner drink with no food or dessert?
o Allowed only in a separate bar or other location?
o Allowed in an outdoor seating area?
6. Hours of Operation:
• Maintain current limits:
• Limit hours to 11 p.m. Sunday through Thursday, except holidays and
evenings before holidays
• Limit hours to 1 a.m. Friday, Saturday, holidays, and evenings before holidays
Entertainment
1. Ordinance or Policy:
• Should the requirements for entertainment be provided in an Ordinance or Policy?
An ordinance is the law of the Town that all businesses must comply with. Any
modification to the Code, particularly the Zoning Ordinance, requires noticed public
hearings before the Planning Commission and Town Council. The Town Council is
the final deciding body.
A policy is not required to go to Planning Commission prior to Council consideration.
The Council is the final deciding body and can modify a policy at any time. The
strength of the policy depends upon how it is written and the extent to which there is
flexibility for implementation (i.e., "shall' as opposed to "should" language).
Enforcement provisions could be written into either mechanism.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
October 1, 2015
2. Goal of potential revisions:
• What is the intended outcome of any potential revisions?
• Should the Town increase or decrease its regulation of entertainment?
3. Permit Requirement:
• CUP requirement or separate entertainment permit for all entertainment and for all
types of businesses?
• CUP requirement for nightclubs only? Identify any other business types that would
also need a CUP to offer any entertainment.
• No permit if entertainment is offered between 11 a.m. and 10 p.m. (or other defined
hours)?
• CUP requirement for entertainment after 10 p.m. or
• Create anew entertainment permit for entertainment after 10 p.m.
• No permit if entertainment is occasional, such as gallery openings, special events,
etc.?
4. Central Business District versus Town -wide:
• Should Downtown have different requirements or should all establishments have the
same requirements regardless of location?
• If different requirements, the remaining questions should be answered for both CBD
and the remainder of the Town.
5. Entertainment at Restaurants and Cafes:
• Should there be specific requirements at restaurants and cafes?
• If so, should there be a maximum number of performers (e.g., four or some other
defined number)?
• Should the hours for entertainment be limited (e.g., 11 a.m. to 10 p.m.)?
• Require food service during the hours of entertainment?
• Do not allow at restaurants and cafes:
• Cover charges?
• Dancing?
• Festival seating?
• Other?
6. Hours of Operation:
• Require all entertainment, even with a permit, to end by 1 a.m. (or other defined
time)?
Cross Cutting Issues for Both Alcohol and Entertainment
L Operational Requirements:
• Create standard operational requirements for designated drivers, transportation
services information, employee education, security, etc.?
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: ALCOHOL AND ENTERTAINMENT STUDY SESSION
October 1, 2015
• All establishments must meet the Town's noise requirements with a clear metric such
as measured 50 feet from the tenant space?
• All establishments must have an on -site manager to respond to neighbor concerns?
• All establishments assume responsibility for behaviors occurring within their private
parking lots that serve their businesses?
• All establishments must remain in good standing with all conditions in all permits
(CUP, Entertainment, other)?
• Other?
CONCLUSION/NEXT STEPS:
At the Study Session, the Council may direct specific next steps.
Alternatively, following the Council's discussion and direction regarding the matters outlined in
this report and/or other items, staff will determine the appropriate next steps for further Town
Council, Policy Committee, and /or Planning Commission consideration. To the extent staff can
discern the next steps at the Study Session, these steps will be identified.
Attachments:
1. 2001 Alcoholic Beverage Policy
2. Draft Town Code language prepared by staff regarding alcoholic beverage service for the
May 5, 2015 Town Council meeting
3. Draft Town Code language prepared by staff regarding entertainment for the May 5, 2015
Town Council meeting
4. Proposed Town Code language prepared by Mayor Jensen regarding alcoholic beverage
service and entertainment
RESOLUTION 2001 - 106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE TOWN'S ALCOHOLIC BEVERAGE POLICY
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 Town
residents; and
WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage
service and protection of residential neighborhoods with the goal of maintaining a vibrant and
successful Downtown and commercial areas throughout Los Gatos; and
WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues
relating to service of alcoholic beverages; and
WHEREAS, the Town Council has indicated a desire to review all applications for new
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 GATOS
does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A.
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th 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 /
SIGNED:
±O"R �HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS; CALIFORNIA
I
2
POLICY REGULATING THE CONSUMPTION AND
SERVICE OF ALCOHOLIC BEVERAGES .
I. Purpose
The consumption or service 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
Town residents. This policy provides parameters for alcoholic beverage service, particularly
addressing late night service when alcohol related incidents are most likely to occur and when
the disturbances to Town residents is least tolerable.
The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary
privilege to be determined on a case by case basis. The following provisions are intended to
balance the protection of residential neighborhoods in close proximity to commercial districts
and still maintain the viability of our commercial centers in which restaurants have an essential
role. Hours of operation may be regulated based on an establishment's proximity to
residential neighborhoods or schools, the concentration of establishments in an area serving
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 based
on the merits of the application and subject to the following requirements:
IL General policy
1. The Town shall continue to strongly discourage new applications for stand alone bars
or restaurants with separate bars.
2. The Town shall continue to discourage applications for entertainment establishments
serving alcoholic beverages.
3. Entertainment in association with an eating or drinking establishment may be allowed
if standards and a permit process are adopted.
4. Alcoholic beverage service for new conditional use permit applications orapplications
for modification of a conditional use permit shall not be allowed:
A After 11 PM Sunday through Thursday, except for holidays and evenings
before holidays.
B. After 1 A \4 Friday, Saturday, holidays or evenings before holidays.
An existing establishment with a conditional use permit in good standing allowed to serve
alcoholic beverages past the hours stated above may continue to operate under their existing
hours of operation.
Town of Los Gatos
Alcoholic Beverage Policy
Page 2 of 4
Any establishment serving alcoholic beverages shall be subject to the following:
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 Californian
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 telephone numbers shall be posted in a visible location.
6. The deciding body shall make the following findings prior to approving an application
for conditional use permit to serve alcoholic beverages past l OPM:
A. Late night service will not adversely impact adjacent residential
neighborhoods.
The applicant does not have a history of complaints and non - compliance with
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, relish
trays, etc. (hot or cold) are not meals.
8. Alcoholic beverage service in approved outdoor seating areas may be permitted if
adequate separation from public areas is provided as determined by the Town
Manager. The separation shall clearly suggest that alcohol is not allowed outside the
restaurant seating area.
Town of Los Gatos
Alcoholic Beverage Policy
Page 3 of 4
III. Specific Policy
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 with
meal service. Meal service shall be available until closing or 11 PM Sunday through
Thursday and until 12 midnight Friday, Saturday, holidays and evenings before
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 use
permit.
IV. Review Process
Proposals for new bars or restaurants with bars and all requests for new alcohol
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 Council
shall have final review authority.
2. Changes in ownership.for businesses involving service of alcoholic beverages shall be
reviewed by the Community Development Department. The following process will
be followed:
a. The Director of Community Development shall contact the new business
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, surroundinglimpacted
property owners shall be notified and any comments regarding the operation
of the business shall be solicited.
C. If the Director of Community Development becomes aware of any alcohol
related impacts on the surrounding neighborhood, the Director shall review
the operation of the business to determine whether there is a violation of the
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 voluntarily
corrected by the business owner the matter will be forwarded to the Planning
Commission for public hearing pursuant to Section 29 20.310 of the Zoning
Ordinance.
e. Pursuant to Section 2920.315 of the Zoning Ordinance the Planning
Commission may revoke or modify the conditional use permit if it finds that
sufficient grounds exist.
IV. Enforcement
All conditional use permits issued to establishments for alcoholic beverage service on -site
shall be subject to Section 29.30.3 10(b) of the Town Code authorizing the Town Manager
to take enforcement action if it is determined that the sale of alcohol has become a nuisance
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 the
operation of an establishment;
III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
IV. The number and kinds of complaints received from the State Alcoholic Beverage
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 retains
the right of review and approval (or denial) of each project based on its merits.
N DEVS7A %e.:au.+�iW: Po6WJW!J,W!poE wpd
DRAFT 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 29.20.3 10 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;
ATTACHMENT 2
(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
2
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.
(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: \DEV \TC REPORTS \2015\Draft AB Ordinance.docx
2
ARTICLE 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
ATTACHMENT 3
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.
See. 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.
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(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.
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(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.
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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.
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(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.
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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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
2
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.
(5) 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.
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(6) 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.
Sec. 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 term 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.
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(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.
N: \DEV \TC REPORTS \2015 \LlveEntertainmentOrdimnee Ch 3 150429.dm
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DIVISION 4. — C -2 OR CENTRAL BUSINESS DISTRICT
COMMERCIAL ZONE
Sec. 29.60.315. — Intent
The C -2 or Central Business District Commercial Zone ( "CBD"
pFederxinantly- retain and enhance the downtown area as a unique,
pedestrian- oriented GentFal business disstrirm Jb.r the Town And
wide NaFiet-y-ef-, and economically viable
retail, service, and entertainment _
zone reflecting the scale,
diversity, and character of a small town business district.
Sec. 29.60.320. — Permitted uses.
(a) Activities permitted in the
Zone
CBD 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:
(1) Retailing.
(2) Re6ep,oa
(3) Reserved.
(2) Office activities subject to subsection (c) below.
(3 Limited manufacturing activities when a majority of
Sales are made on site. to the ultimate consumer.
(4) Wholesaling without warehouses on the premises.
(5) Single- farr44y-a es and multi - family uses,
in conjunction with
Other uses permitted in this section.
ATTACHMENT 4
(b) Alcohol sales by retail establishments may be allowed in the
CBD subject to the following;*
(1) Retail businesses, such as gift shops and florists, may
include alcohol in gift baskets, flower arrangements, or similar
uses as approved by the Director of Community Development
upon a finding that the sale of alcohol is incidental to the
primary retail use on the site;
(2) Retail businesses permitted to sell alcohol in compliance
with this paragraph shall obtain the required licenses and
permits from the State Alcoholic Beverage Control Department
prior to engaging in any such sales.
*MLJ Note: Retail sales of alcohol at service stations is regulated by
Sec. 29.20.197. 1 don't think the addition of the language proposed
above would be inconsistent with that section.
(c) Alcohol sales by restaurants may be allowed in the CBD subject
to the following:
(1) Beer, wine, and liquor sales for on -site consumption only
are permitted until 11 p.m. Monday through Thursday, and
until 1 a.m. Saturday and Sunday, in restaurants without a
separate bar area.
(2) A separate bar area is defined as a separate area, tables,
or a room intended primarily for serving alcoholic beverages.
(3) Restaurants permitted to serve alcohol under this section
shall obtain the required licenses or permits from the State
Alcoholic Beverage Control Department;
(4) Restaurants permitted to serve alcohol under this section
may be required to establish or provide any or all of the
following:
i. A designated driver program, to include the posting of
taxi or other transportation service provider contact
information in a prominent location;
ii. Continuing education for employees as contained in an
employee training manual regarding the service of alcohol
and /or as conducted by members of the Los Gatos Monte
Sereno Police Department or other appropriate training
agency;
iii. Private security services.
(5) Any restaurant subject to this provision operating under a
conditional use permit in good standing which allows
alcoholic beverages to be served past the hours stated
elsewhere in this section may continue to operate
under the conditions of that permit.
(d) Live entertainment in restaurants, when clearly ancillary to the
restaurant use, is permitted subject to the following limitations:
(1) Permitted only in restaurants without a separate bar area,
as defined in paragraph (c)(2), above;
(2) Maximum of four performers;
(3) Between the hours of 9 a.m. and 10 p.m.;
(4) Alcoholic beverage service restricted to Type 41 or 47
licenses issued by the State Alcoholic Beverage Control
Department, and at no time shall off -site alcohol sales be
allowed;
(5) Full food service shall be available during entertainment;
(6) Ambient noise levels shall allow normal conversation, and
may not be audible more than 50 feet from the tenant
space. However, in no event shall noise from the live
entertainment create a "noise disturbance" as defined in
Section 16.10.010, or exceed the noise levels limitations
for commercial zones contained in Section 16.20.025,
of this Code;
(7) No cover charge shall be imposed;
(8) Areas for dancing and festival seating are not allowed;
(9) If any member of the Los Gatos Monte Sereno Police
Department, Los Gatos Community Development
Department, Code Enforcement Officer, or other Town
employee or Department charged with enforcing the
provisions of this Code finds that a business is not in
compliance with any of the above conditions, live
entertainment shall be prohibited at the site unless and
until a conditional use permit is granted subject to Section
29.20.190. of this Code.
(10) Any restaurant subject to this provision operating under a
conditional use permit in good standing which allows
entertainment to be presented other than as specified
elsewhere in this section may continue to operate
under the conditions of that permit.
(e) 'Outdoor seating and /or dining areas contained within or on the
tenant space of a restaurant permitted to operate within the
CBD are allowed. Outdoor seating and /or dining areas which
are within the public right -of -way may be permitted subject to
the following:
'MLJ Note: Currently, Section 29.50.020 mandates that all activities
be "conducted entirely within completely enclosed buildings"
excepting approved outdoor displays or other outdoor activities
authorized by a CUP. I would propose to delete that section and
replace it with the following.
(1) A permit is required, subject to the approval of the
Director of Community Development ( "Director "),
Approval of a permit is subject to all of the standards
contained in this paragraph, and any additional standards
which, in his or her discretion, the Director may impose in
order to protect the health, safety, and welfare of the
Town of Los Gatos and its residents.
(2) An application for an outdoor seating permit
shall be filed with the Director which shall include a plan
set, drawn to scale, depicting sidewalk dimensions, the
proposed location of seating, tables, and umbrellas,
together with other information and /or exhibits as required
by the Director.
(i) Where outdoor seating is proposed as a patio or
other fully or partially enclosed structure fronting
on the street, review of the design of that structure
may be subject to review by the Development
Review Committee or Planning Commission, and
subject to all other provisions of this Chapter.
(3) Any outdoor seating permitted under this section shall
meet the following requirements:
(i) A four - foot -wide pedestrian walkway shall be
provided at all times along the public right -of -way,
which shall allow unrestricted pedestrian use of the
sidewalk, and access to doorways and crosswalks.
The required walkway shall not be either within two
feet of any building fagade or within one foot of the
sidewalk curb, nor shall it cross the path of any
doors or windows which open outward into it.
(ii) All tables, seats. or other outdoor furniture shall be
placed inside at the end of each business day;
(iii) Any furniture or other amenities placed on the
sidewalk must be secured, so as not to be moved
by the wind or otherwise liable to create a hazard.
However, no such item may be bolted into the
ground, secured to streetlights, trees, or other public
amenity.
(iv) The permit holder is responsible for collecting any
and all litter associated with the outdoor seating and
shall maintain the area in a clean condition at all
times.
(4) Indemnification /Insurance. The permit holder shall
indemnify, defend and hold the Town, its agents, officers,
attorneys, employees. and officials harmless from any
and all claims, causes of action, injuries, or damages
arising out of any negligent acts on the part of the permit
holder, its agents, officers, employees, or anyone
rendering services on his or her behalf. This indemnity
shall include all reasonable costs and attorney's fees
incurred in defending any action covered by this
provision.
(i) The permit holder, during the continuance of this
permit, and at no cost to the Town, shall maintain a
comprehensive liability policy in the amount of one
million dollars and, if applicable, a workers
compensation liability policy, each with minimum
coverage of one hundred thousand dollars.
(ii) The policy shall include the Town as an additional
insured and shall apply as primary insurance and
shall stipulate that no other insurance held by the
Town shall be called on to contribute to a loss.
(iii) Before the issuance of a permit pursuant to this
paragraph, the applicant shall furnish to the Town a
certificate of insurance, duly authenticated,
evidencing maintenance of the insurance required
under this paragraph.
(iv) If the insurance policy is cancelled, terminated,
suspended, or materially changed, the outdoor
seating permit shall be suspended until such time
that compliance with the requirements of this
paragraph have been fully satisfied.
(5) Any outdoor activity or seating currently allowed pursuant
to a conditional use permit in good standing may continue
as permitted under the conditions of that permit.
*MLJ Note: I would retain (and live to fight another day) existing
Section 29.60.320(c) and change the letter designation to (f).
The CUP table in Section 29.20.180 would have to be amended to
conform to the proposal above, e.g., paragraphs j and k would have
to be modified and /or deleted.
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