Planners express concern over noise, alcohol at Courtside Club
Question arises over lack of liquor license by club
Can caterer serve booze?
By Nathan R. Huff
Courtside Club has apparently faulted enough times that the Los Gatos Planning Commission feels it worthwhile to reopen the club's conditional-use permit (CUP) for public review.
While conflicting information was presented regarding the club's right to have alcohol on the premises, commissioners at the April 26 meeting decided the alcohol issue, combined with noise concerns from neighbors, warranted a reopening of the club's permit.
A regular public hearing will be scheduled, though town staff were quick to state that changing a preapproved use permit was difficult, and the burden of proof to do so fell on the residents.
The April 26 decision came following a March 8, one-year review of Courtside's CUP, at which club neighbor Carol Schultz presented a list of alleged violations. Courtside was accused of having alcohol consumed on the premises illegally, violating noise ordinances, and advertising the facility for nonmember events. Commissioners asked that a Courtside representative respond to the allegations in writing, and agreed to reconsider the matter following Courtside's response.
Los Gatos lawyer Randall Reedy, representing Courtside Club, responded to the town's inquiry. In his March 27 letter, he stated that Courtside was in compliance with its CUP. Reedy said that the only alcohol consumed on the premises was brought by members themselves or provided by outside caterers, neither of which requires an ABC license. Courtside is now in the process of appealing an ABC judge's ruling that denied the club a liquor license.
But according to the town staff's report, an ABC investigator told the town that Courtside was not allowed to have any alcoholic beverages at the club, under any circumstance.
Reedy disputed the town's stance, saying at the April 26 meeting that he had also spoken with an ABC administrator, who reportedly said the town's ABC contact must have misunderstood the question, because the law does not prohibit alcohol consumption under the existing circumstances.
Town staff agreed to go back to ABC to clear up the discrepancy, but regardless of the ruling, Courtside will still be subject to a public hearing. At that time, the noise elements of the clubs CUP will also be reviewed.
"We need a context to determine whether or not they violated their use permit regarding alcohol," commission chairwoman Laura Nachison said, following the meeting.
Carol Schultz and her husband, Robert, have complained about excessive noise, particularly in the evening hours during weddings or club social gatherings. The two live directly across from several of the club's outdoor tennis courts.
"We have learned that it is simply impractical to ask the police to enforce the noise ordinance," Robert Schultz told the commission, adding that it wasn't the alcohol itself that concerned the couple, it was the corresponding noise.
Natalie Valdez, general manager at Courtside, said the club worked hard to stay within the CUP and in contact with neighbors. "I believe there has been a tremendous amount of communication between our club and the neighbors," Valdez said, "specifically in regard to formulating resolutions about the issues the neighbors had."
Several members of the club spoke in favor of the club serving alcohol, as long as it was tightly regulated.
Los Gatos, California Since 1881
