Definitions. | |
Entertainment Zone Controls. | |
Implementation. | |
Entertainment Zone Locations. |
For the purposes of this Chapter 94B, the following definitions shall apply:
(a) “ABC” means the California Department of Alcoholic Beverage Control.
(b) “Entertainment Zone” has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time.
(c) “Entertainment Zone Event” means an event that occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter 94B and within the hours permitted by this Chapter 94B and the Management Plan or the Downtown Activation Permit issued pursuant to Administrative Code Chapter 94D for the Entertainment Zone.
(d) “Management Plan” means a plan approved by the Office of Economic and Workforce Development (OEWD) for the management and regulation of Entertainment Zone Events.
(a) All commercial entities and organizations sponsoring or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including but not limited to the following:
(1) All applicable ABC license and permitting requirements;
(2) Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;
(3) All other laws governing the sale and consumption of alcoholic beverages and any and all permits and licenses issued pursuant thereto;
(4) Transportation Code, Division I, Article 6;
(6) Any applicable Management Plan issued by the Office of Economic and Workforce Development under this Chapter 94B.
(b) Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone during an Entertainment Zone Event, as set forth in Police Code Section 21, subject to any other restrictions imposed by state or local law.
(c) All open alcoholic beverages consumed during an Entertainment Zone Event shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises, or an organization that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.
(Added by Ord. 165-24, File No. 240475, App. 7/3/2024, Eff. 8/3/2024)
(a) Within 90 days of the effective date of this Chapter 94B, OEWD shall issue rules for the implementation of this Chapter. OEWD may revise these rules from time to time as it deems appropriate.
(b) Within 90 days of the establishment or modification of an Entertainment Zone, OEWD shall do the following:
(1) in consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:
(A) A copy of the ordinance establishing or modifying the Entertainment Zone;
(B) Information as may be necessary to identify the boundaries of the Entertainment Zone;
(C) The days and hours of operation of the Entertainment Zone;
(D) The types of alcoholic beverages permitted within the Entertainment Zone; and
(E) The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized; and
(2) issue a Management Plan for the Entertainment Zone, as follows:
(A) The Management Plan shall establish a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being 21 years of age or older;
(B) The Management Plan shall require that any person or organization seeking a City permit under Division I, Article 6 or Division II, Section 206 of the Transportation Code for an Entertainment Zone Event shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by the Transportation Code;
(C) The Management Plan may include requirements not otherwise imposed by state or local law, including but not limited to additional requirements for approved beverage containers, additional restrictions on the hours of operation for Entertainment Zone Events, and other time, place, and manner restrictions; and
(D) For Entertainment Zone Events that are held pursuant to a Downtown Activation Permit: (i) OEWD shall determine if the Downtown Activation Permit satisfies the requirements that would be included in a Management Plan; (ii) OEWD may waive the requirement for a Management Plan where the Downtown Activation Permit satisfies the requirements for the contents of a Management Plan; and (iii) OEWD may issue a Management Plan that is limited to addressing only those requirements not adequately covered by the Downtown Activation Permit; and
(E) Upon issuance or revision of a Management Plan, OEWD shall transmit a copy of that Plan to ABC. Upon full or partial waiver of the Management Plan requirement, OEWD shall transmit a copy of the Downtown Activation Permit to ABC.
(c) Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises during an Entertainment Zone Event shall provide to OEWD a copy of the notice provided to ABC under Section 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC.
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