2008RESOLUTION NO. 10996
A RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL ADOPTING THE
DOWNTOWN ALCOHOL BEVERAGE POLICY AS CITY COUNCIL POLICY
ESTABLISHING STANDARDS AND GUIDELINES FOR REVIEWING ALCOHOL
BEVERAGE LICENCE APPLICATIONS IN THE DOWNTOWN
WHEREAS, the City's Downtown Development Plan and the Redevelopment Agency's
Five Year Implementation Plan cite as goals to balance day and night time uses to
attract a wide demographic of patrons; and
WHEREAS, the success of the downtown, particularly over the last few years, has
generated an increase in late night problems of vandalism, illicit behavior, noise and
general disorderly conduct directly related to late night alcohol service that has required
increasing police resources and has adversely affected surrounding businesses and
adjacent neighborhoods; and
WHEREAS, it is the desire of this City Council to manage and balance the
concentration of establishments that serve alcohol so as to protect the general health,
safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED, that the City of Campbell City Council hereby
adopts the Downtown Alcohol Beverage Policy (Exhibit A) to be effective immediately
upon adoption of this resolution.
. PASSED AND ADOPTED, this 3rd day of February, 2009 by the following roll call
vote:
AYES: Council members Kotowski, Furtado, Kennedy
NOES: Council members Baker, Low
ABSTAIN: Council members None
ABSENT: Council members None
APPRO
Jane Ken edy, May r
~~
ATTEST:
Anne Bybee, City Clerk
EX(1 , t~
DOWNTOWN ALCOHOL BEVERAGE POLICY
POLICY ADDRESSING THE ISSUANCE OF
ALCOHOLIC BEVERAGE LICENSES AND THE SERVICE OF ALCOHOL IN THE
DOWNTOWN
PURPOSE
The Downtown area of Campbell by nature is a compact commercial district intended to
be the center of social and civic activity for the City. The City has encouraged, through
its redevelopment programs and City policies, an active and vibrant balance of day and
night time land uses to appeal to all demographics. To be successful, a downtown must
be appealing to local residents and also serve as a destination for visitors to our
community. A component of any successful downtown is restaurants and night time
venues that provide a selection of places to dine and socialize. Alcoholic beverage
licenses are often requested as a part of the operation and service offered by such
establishments.
City policy supports the responsible service of alcohol as a component to those full
service restaurants and night time establishments. The City currently uses a number of
tools designed to protect the public welfare when considering alcohol service including
conditions of operations, police enforcement, the State Office of Alcohol Beverage
Control regulations, and administrative citations. However, the over-concentration of late
night alcohol serving establishments within a compact downtown district can create a
cumulative impact that overwhelms the area creating an undesirable result such as
drunk in public, vandalism, and disorderly conduct. While acknowledging the positive
contributions restaurants and night time activities provide to a vibrant commercial district,
maintaining the proper balance of uses is essential to a successful downtown.
This policy is intended to:
• Provide the Planning Commission and City Council with guidelines when
considering how new applications for alcohol beverage service affects the proper
balance and/or concentration of a particular land use, especially as it relates to
late night service of alcohol. Provide clear policy direction to staff as a basis in
evaluating new applications for alcohol beverage service; and
• Demonstrate to the Campbell community and the general public that the City
intends to maintain a level of discretion and control over late night alcohol
service.
For purposes of this policy, the "Downtown" is defined by the boundary map attached as
"Exhibit A".
The following provisions are intended to balance the health and safety of the community
while still maintaining the commercial viability of the downtown in which restaurants have
an essential role. Hours of operation may be regulated based on an establishment's
proximity to a residential neighborhood, the concentration of similar alcohol beverage
licenses in the area or other material reasons raised at a public hearing in consideration
of an alcohol beverage license.
J:1Downtown Alcohol Policy\Downtown Alcohol Beverage Policy.l.doc
By controlling the concentration of alcohol service establishments and the operation of
fate night alcohol beverage service, this policy is consistent with the goals and objectives
of the Downtown Development Plan and General Plan by reflecting the vision for the
downtown as a safe and healthy environment for all to enjoy.
GENERAL POLICY
The deciding body shall consider the fallowing policy guidelines in reviewing any
application involving the service of alcoholic beverages:
Stand Alone Bars
The City strongly discourages new applications for stand alone bars in the
downtown. This includes nightclubs, ultra lounges or similar establishments
typically offering live entertainment and late night alcohol service.
2. Restaurants with Separate Bars
Conditional Use Permits for restaurants requesting separate bar areas should
have the separate bar area be ancillary and subordinate to the primary purpose
of serving food and should comply with the following criteria:
a. Unless otherwise approved by the Planning Commission, the bar area fs
restricted to having no more than 25 percent of the total seating allowed for
the establishment.
b. The bar cannot stay open past the hours of operation of the restaurant.
c. Full menu food service must be provided at all times.
d. Live entertainment is limited to live musicians complimentary to the primary
purpose of providing meal service, is subject to Section 5.24.010 of the
Municipal Code which requires a Live Entertainment Permi#, and shall not be
permitted past 11:00 PM. Live Entertainment shall not be marketed as an
entertainment focal point.
e. Alcohol beverage service in the dining room area is only allowed in
conjunction with food service. Additionally, the dining room area may no be
converted to bar or dance area.
f. Meal service must be permitted in the bar area.
g. Specific hours of operation are determined by the Planning Commission upon
issuance of a Conditional Use Permit.
h. Outdoor seating areas are considered part of the dining area and shall be
subject to the restrictions of Section 11.2.e. Outdoor dining areas shall be
closed down by 10:00 PM. Outdoor seating is prohibited for stand alone bars.
i. Doors and windows shall remain closed after 10:00 PM.
3. Restaurants wlo Separate Bars
a. Any new discretionary land use permit granted to a restaurant which allows
alcohol beverage service, must have a full service menu available during
operational hours. A full service menu is defined as a combination of food items
intended to serve as meals for breakfast, lunch or dinner. A menu consisting of
only food items commonly known as appetizers such as popcorn, nachos,
J:1Downtown Alcohol Policy\Downtown Alcohol Beverage Policy.l.doc
pretzels, potato skins, relish trays, etc. (hot or cold) is not a full service menu.
The full service menu the applicant intends to serve must be submitted with each
application.
b. Restaurants without separate bars are also subject to the provisions of
Section 11.2 as it relates to live entertainment, alcohol service, meal service,
outdoor seating, and the closing of windows and doors.
4. Hours of Operation
a. It is strongly recommended that Conditional Use Permits for establishments
for on-site consumption of alcohol beverages be limited to a closing time of
no later than 12:00 AM and that written justification shall be provided by an
applicant to operate past 11:00 PM.
b. Restaurants requesting beer and wine service only in association with
restaurants with operating hours not exceeding 11 PM will continue to be
allowed without a Conditional Use Permit.
5. Operating Conditions
Any new discretionary land use permit granting an establishment alcohol
beverage service or any modification of a land use permit to serve alcohol for on-
site consumption may be subject to the following conditions:
a. Uniformed, privately provided security staff may be required in and/or around
the premises when deemed necessary by the Chief of Police.
b. At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department/Alcohol Beverage Control
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 and the Department of Alcohol Beverage Control.
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. Existing Establishments
a. Those existing establishments operating under a valid Conditional Use Permit
with alcohol beverage licenses in effect as of the date of adoption of this
policy, and conducting business in good standing under their Conditional Use
Permit, may continue to operate under their current conditions of approval.
b. All new and existing establishments are subject to Section III of this policy.
,1:1Downtown Alcohol Policy\Downtown Alcohol Beverage Policy.t.doc
III. Enforcement
All Conditional Use Permits issued to establishments for alcoholic beverage service on-
site are subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell
Municipal Code authorizing the appropriate decision making body to modify or revoke a
Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance
to the City's public health, safety or welfare. At the discretion of the Community
Development Director, any establishment that generates three (3) verifiable complaints
related to violations of conditions of approval and/or related to the service of alcohol
within a six (6) month period may be scheduled before the Planning Commission for a
public hearing to consider modifying conditions of approval or revoking its conditional
use permit. Nothing contained in this section is intended to limit the authority of the
Community Development Director to commence proceedings for the revocation or
modification of use permits upon the occurrence of less than three (3) complaints if the
Community Development Director determines that the alleged violation warrants such an
action._In exercising this authority, the decision making body may consider the following
factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of patrons
actions;
b. The number of complaints received from residents, business owners and
other citizens concerning the operation of an establishment,
c. The number of arrests for alcohol, drug, disturbing the peace, fighting and
public nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic
Beverage Control office and the County Health Department; and
e. Violation of conditions of approval.
The City retains the right of review and to approve (or deny) an applica#ion based on its merits.
J:\Downtown Alcohol Poticy\Downtown Alcohot Beverage Policy.l.doc
MEMORANDUM ~' of cgMn°~ CITY OF CAMPBELL
s
~'P C H A R~
To: Chairman Roseberry and Planning Commission Date: December 9, 2008
From: Kirk Heinrichs, Redevelopment Manager
Subject: Proposed Downtown Alcohol Beverage Policy
Staff developed a policy on alcohol use at downtown establishments due to concerns raised
in the past few years about late night alcohol related activities. The Planning Commission
reviewed a draft policy on October 28~' and November 11th. At the Commission's study
session on November 11 ~', several changes were recommended by the Commission to the
proposed Downtown Alcohol Beverage Policy. The Commission asked that a revised draft be
returned to the Commission prior to being forwarded to the City Council for consideration.
Below is a list of recommendations suggested by the Planning Commission followed by staff
response in italics. Attached is a redline version of the Alcohol Policy with the incorporated
changes. Both the report and the revised policy have been reviewed by the Community
Development Director, the City Manager and the City Attorney. A draft was also sent to the
Downtown Neighborhood Association.
• Revise the "Purpose" Section to incorporate the following:
- A discussion of the current tools in use and available to the City in
regulating alcohol beverage service such as conditions of approval,
police enforcement, administrative citations and Alcohol Beverage
Control (ABC) enforcement.
- Describe positively the general premise of the need of such policy moving
forward and the context in which the policy is to be used including over-
concentration of late night establishments and cumulative impact of
alcohol serving establishments;
- And include a discussion of the intent of the policy to provide guidance to
the Planning Commission in considering new alcohol beverage
applications, to provide a policy document for staff when meeting with
perspective applicants and to serve as an policy statement to the
community and the general public that the City intends to maintain a level
of discretion and control over late night alcohol service.
The "Purpose" section has been modified to incorporate the recommended changes.
Please refer to the revised draft for these changes. (Attachment 1)
• Revise Policy 11.2.d to refer to existing regulations requiring a Live
Entertainment Permit.
Page 2
This policy has been amended to cite Section 5.24.010 of the Muni-Code requiring
City Council approval of a Live Entertainment Permit.
• Revise Policy 11.2.e to state that the dining room area shall not be used as a bar.
Policy 11.2.e has been reworded to say "Alcohol beverage service in the dining room
area is only allowed in conjunction with food service. Additionally, the dining room
area may not be converted to bar or dance area."
• The Planning Commission suggested restricting the hours of outdoor dining to
10:00 PM.
Staff is suggesting applying fhaf 10:00 PM restriction to locations adjacent fo
residential zones and allowing a later operation of outdoor dining in those locations not
adjacent fo residential zones subject to the discretion of the deciding body. Also,
making outdoor seating prohibited for stand alone bars.
Section 11.2.h has been added fo read: "Outdoor seating areas are considered part of
the dining area and shall be subject fo the restrictions of Section 11.2.e. Outdoor
dining areas shall be closed down by 10:OOPM when adjacent to a residential zone.
The hours for outdoor dining in areas not adjacent to residential zones are restricted to
11:00 PM subject to the discretion of the deciding body. Outdoor seating for stand
alone bars is prohibited.
• Consider the unintended consequences of requiring full menu service versus
appetizers.
Under the ABC regulations, a Type 47 liquor license, usually issued to restaurants,
requires food service. While appetizers may satisfy the ABC regulations, staff wants
to ensure fhaf any establishment that is approved by the Cify as restaurant has a
higher standard fo meet. Without this higher standard, if becomes easier for an
establishment to morph into a nightclub operation. In response to the Planning
Commission's concern about unintended consequensences, Section 3 has been
modified to read as follows:
`Any new discretionary land use permit granted for a restaurant which allows alcohol
beverage service, must have a full service menu available during business hours. A
full service menu is defined as a combination of food items intended to serve as meals
for breakfast, lunch or dinner. A menu consisting of only food items commonly known
as appetizers such as popcorn, nachos, pretzels, relish trays, etc. (hot or cold) is not
considered a full service menu for the purpose of Phis policy. The full service menu
intended to be served by the applicant must be submitted with each application."
Page 3
Staff also added a Section 11.3.b to require restaurants w/o separate bars to be subject
to the same conditions as restaurants with bars when it comes to live entertainment,
alcohol service, meal service, outdoor seating and the closing of windows and doors
during late hours to control noise.
• Revise Policy III to include a threshold under which an establishment may be
scheduled before the Planning Commission for review of its conditional use
permit for modification or revocation.
The following language has been added to Section 111.
`At the discretion of the Community Development Director, any establishment that
generates Three verifiable complaints re/afed to violations of conditions of approval
and/or related to the service of alcohol within a 6 month period may be scheduled
before the Planning Commission for a public hearing to consider modifying operating
conditions or revocation of their Conditional Use Permit."
• Alcohol beverage service at downtown special events should be addressed in
this policy.
This policy is intended to address conditional use permit applications for downtown
land use permits. The Cify Council is holding a study session in late January/early
February to discuss the issue of alcohol and downtown special events.
Staff looks forward to discussing these changes with the Planning Commission and
forwarding a recommendation to the City Council.
CRAFT
POLICY ADDRESSING THE ISSUANCE OF
ALCOHOLIC BEVERAGE LICENSES AND THE SERVICE OF ALCOHOL IN THE
DOWNTOWN
I. PURPOSE
The Downtown area of Campbell by nature is a compact commercial district intended to
be the center of social and civic activity for the City. The City has encouraged, through
its redevelopment programs and City policies, an active and vibrant balance of day and
night time land uses to appeal to all demographics. To be successful, a downtown must
be appealing to local residents and also serve as a destination for visitors to our
community. A component of any successful downtown is restaurants and night time
venues that provide a selection of places to dine and socialize. Alcoholic beverage
licenses are often requested as a part of the operation and service offered by such
establishments.
City golicv supports the responsible service of alcohol as a component to those full
service restaurants and night time establishments. The City currently uses a number of
tools designed to protect the public welfare when considering alcohol service including
conditions of operations, police enforcement, the State Office of Alcohol Beverage
Control regulations, and administrative citations.
' ~. ..
However, the over-concentration of late night alcohol
serving establishments within a compact downtown district can create a cumulative
impact that overwhelms the area creating an undesirable result such as drunk in public,
vandalism, and disorderly conduct. While acknowledging the positive contributions
restaurants and night time activities provide to a vibrant commercial district, maintaining
the groper balance of uses is essential to a successful downtown.
This policy is intended to:
Provide the Planning Commission and City Council with guidelines when
considering how new applications for alcohol beverage service affects the proper
balance and/or concentration of a particular land use,
especially as it
relates to late night service of alcoholic-be~rerages.
Provide clear golicv direction to staff as a basis in evaluating new applications for
alcohol beverage service: and
C:\Documents and SettingsUackieL\I.ocal Settings\Temporary Internet Files\OLK108\Downtown Alcohol Beverage Policy l.doc
• Demonstrate to the Campbell community and the Qeneral public that the City
intends to maintain a level of discretion and control over late night alcohol
service.
For purposes of this policy, the "Downtown" is defined by the boundary map attached as
"Exhibit A".
The following provisions are intended to balance the health and safety of the community
while still maintaining the commercial viability of the downtown in which restaurants have
an essential role. Hours of operation may be regulated based on an establishment's
proximity to a residential neighborhood, the concentration of similar alcohol beverage
licenses in the area or other material reasons raised at a public hearing in consideration
of an alcohol beverage license.
By controlling the concentration of alcohol service establishments and the operation of
late night alcohol beverage service, this policy is consistent with the goals and objectives
of the Downtown Development Plan and General Plan by reflecting the vision for the
downtown as a safe and healthy environment for all to enjoy.
II. GENERAL POLICY
The deciding body shall consider the following policy guidelines in reviewing any
application involving the service of alcoholic beverages:
1. Stand Alone Bars
The City strongly discourages new applications for stand alone bars in the
downtown. This includes nightclubs, ultra lounges or similar establishments
typically offering live entertainment and late night alcohol service.
2. Restaurants with Seaarate Bars
Conditional Use Permits for restaurants requesting separate bar areas should
have the separate bar area be ancillary and subordinate to the primary purpose
of serving food and should comply with the following criteria:
a. Unless othenlvise approved by the Planning Commission, the bar area is
restricted to having no more than 25 percent of the total seating allowed for
the establishment.
b. The bar cannot stay open past the hours of operation of the restaurant.
c. Full menu food service must be provided at all times.
d. Live entertainment f~ be is fes#isted--te ~ek~ibi~-Ba's limited to live
musicians complimentary to the primary purpose of providing meal service, is
subject to Section 5.24.010 of the Municipal Code which requires a Live
Entertainment Permit, and shall not be permitted past 11:00 PM. Live
Entertainment ar3d shall not be marketed as an entertainment focal point.
e. Alcohol beverage service in the dining room area is only allowed++~k-e-die~g
seem-afea-in conjunction with food service. Additionally. the dining room area
may no be converted to bar or dance area.
f. Meal service must be permitted in the bar area.
C:\Docurrie--ts and SetdngsUackieL\Local Settings\Temporary Internet Files\OLK108\Downtown Alcohol Beverage Policy l .doc
g. Specific hours of operation are determined by the Planning Commission upon
issuance of a Conditional Use Permit.
h. Outdoor seating areas are considered part of the dining area and shall be
subject to the restrictions of Section 11.2.e. Outdoor dining areas shall be
closed down by 10:00 PM when adjacent to a residential zone, and when not
adjacent to a residential zone may be allowed open until 11:00 PM subject to
the discretion of the deciding body. Outdoor seating is prohibited for stand
atone bars.
i. Doors and windows shall remain closed after 11:00 PM except when adjacent
to a residential zone in which case openin4s must be closed at 10:00 PM.
3. Restaurants w/o Separate Bars
a. Any new discretionary land use permit granted to a restaurant which allows
alcohol beverage service, must have a full service menu available during
operational hours. . A full service menu meal is
defined as a combination of food items intended to serve as meals seleete
a-r~aer~~ for breakfast, lunch or dinner. A menu consisting of only food items
commonly known as Aappetizers such as popcorn, nachos, pretzels, potato
skins, relish trays, etc. (hot or cold) afe-flat-+~eals is not a full service menu. A
The full service menu the applicant intends to serve must be submitted with each
application.
b. Restaurants without separate bars are also subject to the provisions of
Section 11.2 as it relates to live entertainment alcohol service meal service
outdoor seating, and the closing of windows and doors.
4. Hours of Operation
a. It is strongly recommended that Conditional Use Permits for establishments
for on-site consumption of alcohol beverages be limited to a closing time of
no later than 12:00 AM and that written justification shall be provided by an
applicant to operate past 11:00 PM.
b. Restaurants requesting beer and wine service only in association with
restaurants with operating hours not exceeding 11 PM will continue to be
allowed without a Conditional Use Permit.
5. Operating Conditions
Any new discretionary land use permit granting an establishment alcohol
beverage service, or any modification of a land use permit to serve alcohol for
on-site consumption may be subject to the following conditions:
a. Uniformed, privately provided security staff may be required in and/or around
the premises when deemed necessary by the Chief of Police.
b. At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department/Alcohol Beverage Control
for on-going employee training on alcoholic beverage service to the general
public.
C:\Documents and SettingsUackieL\Local Settings\Temporary Internet Files\OLK108\Downtown Alcohol Beverage Policy l.doc
c. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association and the Department of Alcohol Beverage Control.
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. Existins~ Establishments
a. Those existing establishments operating under a valid Conditional Use Permit
with alcohol beverage licenses in effect as of the date of adoption of this
policy, and conducting business in good standing under their Conditional Use
Permit, may continue to operate under their current conditions of approval.
b. All new and existing establishments are subiect to Section III of this policy.
III. Enforcement
All Conditional Use Permits issued to establishments for alcoholic beverage service on-
site are subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell
Municipal Code authorizing the appropriate decision making body to modify or revoke a
Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance
to the City's public health, safety or welfare. At the discretion of the Community
Development Director, any establishment that generates three (3) verifiable complaints
related to violations of conditions of approval and/or related to the service of alcohol
within a six (6) month period may be scheduled before the Planning Commission for a
public hearing to consider modifying conditions of approval or revoking its conditional
use permit. In exercising this authority, the decision making body may consider the
following factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of patrons
actions;
b. The number of complaints received from residents, business owners and
other citizens concerning the operation of an establishment;
c. The number of arrests for alcohol, drug, disturbing the peace, fighting and
public nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic
Beverage Control office and the County Health Department; and
e. Violation of conditions of approval .
The City retains the right of review and to approve (or deny) an application based on its merits.
C:\Documents and SettingsUackieL\C.ocal Settings\Temporary Internet Files\OLK108\Downtown Alcohol Beverage Policy l.doc
Downtown Campbell
Late Night Activities andlor Alcohol Sales
November 2008
Business Name Approved Business Hours Alcohol Sales Outdoor
seatin
76 E. Campbell Avenue Sunday -Thursday Beer & Wine Public R-O-W Y
"Tigelleria" 11:00 a.m. to 3:00 p.m. Liquor (Right of Way)
7:00 p.m. to 10:00 p.m. Maintain a
PC Reso. 3794 (02/13/07) minimum clear
Friday -Saturday walkway of 4
CUP (PLN2006-176) - To 11:00 a.m. to 3:00 p.m. feet.
allow general on sale liquor 7:00 p.m. to 11:00 p.m.
sales in conjunction with a Sunday-
new Italian restaurant. Thursday
11:00 a.m. to 3:00
OSP "Outdoor Seating p•m•
Permit" (PLN2008-80) 7:00 p.m. to
(Application 10:00 p.m.
Correspondence)
Friday- Saturday
11:00 a.m. to 3:00
p.m.
7:00 p.m. to
11:00 p.m.
200 E. Campbell Avenue Mondays -Saturdays & Holidays Beer & Wine Public R-O-W) Y
"Sonoma Chicken Coop" 8:00 a.m. to 2:00 am. Liquor Maintain a
(formerly Stoddard's & minimum clear
Campbell Brewing Sundays walkway of 4
Company) 8:00 a.m. to 12:00 a.m. feet.
PC Reso. 3160 (04/28/98) Live Entertainment D ily
Thursday - Saturday and special 8:00 a.m. to 11:00
CUP (UP 98-01) - To allow occasions, max of 10 a year) p.m•
extended hours of operation 9:00 a.m. to 1:30 a.m.
and on-sale general liquor
service.
OSP (Application
Correspondence)
201 E. Campbell Avenue Monday -Thursday Beer & Wine Public R-O-W Y
"Aqui's Restaurant" 10:00 a.m. to 10:00 p.m. Liquor
Monday -
PC Reso. 3706 (01/24/06) Fn'days Thursday
10:00 a.m. to 12:00 a.m. 10:00 a.m. to