Entertainment & Late Night Entertainment Policy

​Entertainment & ​Late Night Entertainment Policy 

On June 21, 2016 the Town Council adopted a Late Night  Entertainment Policy allowing businesses to offer entertainment before 10:00 P.M. by right, and after 10:00 P.M. with an approved permit, given there is compliance with the Town's currently adopted Noise Ordinance.     

Staff Contact
Monica Renn, Economic Vitality Manager
Ricky Pan 2 Business
Background & Information
For several years, the Town Council and staff have been working to develop policies around Alcohol and Entertainment. In November of 2015, the Town Council held a Study Session that included a discussion on this topic and recommended the Council Policy Committee continue the discussion.  

The Council Policy Committee recommended that the discussion of alcohol and entertainment be separated, and that the Town move forward with a policy that allows entertainment by right before 10:00 p.m. and entertainment after 10:00 p.m. with a late night entertainment permit, given that the operator complies with the Town's adopted Noise Ordinance.  The Town Council heard and adopted the recommendation on June 21, 2016 during their regular meeting. The full staff report is available at the links below, and video from the Council's discussion is available for viewing on the Town's website at Agendas & Minutes.  
Adopted Late Night Entertainment Policy 

June 21, 2016, Item 19. Entertainment Policy
Staff Report
Attachment 1 Draft Policy
Attachment 2 Town Code Section 16.20.25
Desk Item
Attachment 3 Noise Maps
Existing Conditional Use Permits (CUP)
Existing CUPs have unique language in the permit conditions.  Depending on the current language in a business' CUP, additional review and approval may be required before the business may observe the new policy.  A list of existing CUPs for food and beverage establishments may be viewed by clicking on the "Approved Conditional Use Permits" link to the left.
Existing CUPs, for the most part, fall into three categories:
Silent on Entertainment
If no reference to entertainment is made within the approved CUP, then the business may observe the new policy immediately.

Requires Compliance for Entertainment
If the language within the CUP requires compliance with the Town's permit process or Entertainment Policy, then the business may also immediately observe the new policy.

Prohibits or Restricts Entertainment
If there is language within the CUP that restricts or prohibits entertainment, the business must apply for a CUP modification.  The modification must be approve before the business can observe the new policy.  The deciding body that made the original approval of the CUP would also be the deciding body for the modification.  As a part of the Council's approval, businesses opting to file for a CUP modification for the purpose of only changing the condition that applies to entertainment may apply to modify ONLY the condition that applies to entertainment.  A business may join together with other similar businesses to share the cost and timeline for the CUP modification process.  Decisions for modification will be made for each individual business' CUP.   
If your business requires a modification, or if you have questions regarding the policy or modification process, please contact Monica Renn, Economic Vitality Manager.  

Code Compliance

The Code Compliance staff of the Community Development Department enforces this policy.  To report violations, please provide an address, date and time of the violation, and contact us one of three ways:  
  1.  Please visit www.losgatosca.gov and click on “Report a Concern” 
  2.  Phone: 408-399-5720   
  3.  Email: codecompliance@losgatosca.gov 

Enforcement Policy and Process
A Code Compliance Officer will inform the operators about entertainment and the provisions of the Late Night Entertainment Policy and will follow up with a warning letter to the property owner and/or property management company.  Continued violations may result in an issuance of a citation to the business, fines, and/or other appropriate enforcement.