The purpose of this chapter is to establish the downtown entertainment zone, pursuant to the California Business and Professions Code, Sections 23039.5, 23357, 23358, 23396, 25690, 25691 and 25692. The entertainment zone is intended to attract new patrons to Historic Downtown Upland by creating a safe and sociable street atmosphere with signature events that will encourage people to socialize, stay and patron the downtown businesses.
(Ord. 1996, 5/27/2025)
The regulations in this chapter apply to the consumption of open container alcoholic beverages purchased from bars, restaurants, breweries, and wineries to leave the licensed premises for off-premises consumption on public spaces, such as public streets, public rights-of-way, and sidewalks within the downtown entertainment zone and only in conjunction with an approved entertainment zone event.
Ord. 1996, 5/27/2025
For the purposes of this chapter, the following definitions shall apply:
A. 
"ABC" means the California Department of Alcoholic Beverage Control.
B. 
"Entertainment zone" has the meaning set forth in California Business and Professions Code Section 23039.5, as may be amended from time to time.
C. 
"Entertainment zone event" means an event that occurs within the boundaries of the downtown entertainment zone, in accordance with this chapter and within the hours and days permitted by this chapter, as well as the restrictions and conditions contained in the required special event permit and street closure permit.
D. 
"Special event permit" means a permit required to operate an entertainment zone event issued by the development services director, or their designee, pursuant to the requirements and privileges of this chapter, and pursuant to the requirements of Chapter 17.41 of the Upland Municipal Code to obtain a special event permit, subject to all conditions imposed upon the permit.
E. 
"Street closure permit" means a permit to close a street or streets for an entertainment zone event issued by the Land Development and Transportation Division pursuant to Section 12.080.060 of the Upland Municipal Code, and subject to all conditions imposed upon the permit.
Ord. 1996, 5/27/2025
A. 
This chapter establishes the boundaries of the downtown entertainment zone, as depicted in Figure A to this chapter, and in accordance with the California Business and Professions Code, Sections 23039.5 and 25690.
B. 
All public streets, public rights-of-way, and sidewalks in front of storefronts abutting and within the south side of D Street, the north side of A Street, except for the Sante Fe Depot building, the east side of First Avenue, and the west side of Third Avenue, and both sides of Second Avenue and 9th Street, as well as all establishments licensed from ABC that are adjacent and within these boundaries, are hereby designated in the downtown entertainment zone in accordance with the California Business and Professions Code, Sections 23039.5 and 25690.
C. 
In the event of any inconsistency between the regulations of this chapter and those outside of this chapter in the Upland Municipal Code, the provisions of this chapter shall govern.
Ord. 1996, 5/27/2025
A. 
All permitted commercial entities and organizations selling alcoholic beverages at a downtown 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. 
All servers and managers of participating establishments must complete the Responsible Beverage Service (RBS) Training Program as required per Assembly Bill 1221 (2017).
3. 
Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;
4. 
The Upland Municipal Code and all other laws governing the sale and consumption of alcoholic beverages and any and all required permits and licenses issued pursuant thereto;
5. 
A special event permit, pursuant to Chapter 17.41 of the Upland Municipal Code, is required to conduct a downtown entertainment zone event. The special event permit 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 as deemed appropriate by the development services director;
6. 
A street closure permit, pursuant to Section 12.080.060 of the Upland Municipal Code, is required to conduct a downtown entertainment zone event; and
7. 
Insurance. The downtown entertainment zone event operator shall maintain sufficient insurance as required by the special event permit and the street closure permit for the use of public streets and public rights-of-way.
B. 
Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within the downtown entertainment zone during an authorized entertainment zone event, except that open container alcoholic beverages are prohibited from being consumed in public or private parking lots, public restrooms, or vacant lots, as set forth in Chapter 9.16 of the Upland Municipal Code, and subject to any other restrictions imposed by state or local law.
C. 
All open container alcoholic beverages consumed during a downtown entertainment zone event shall be purchased only from premises licensed by the ABC which is: (1) located within the boundaries of the downtown entertainment zone; and (2) authorized to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off-premises. All open alcoholic beverages consumed during an entertainment zone event may also be purchased from an organization authorized by an ABC special event permit or license to make such sales within the entertainment zone event.
D. 
Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open container alcoholic beverages for consumption off-premises during an entertainment zone event shall annually submit the required "Notice of Intent" to participate in an open container entertainment zone event to the ABC, pursuant to California Business and Professions Code Sections 23357, 23358, as applicable. A copy of the notice to ABC shall be provided to the development services director, or their designee, at the same time such notice is provided to ABC.
Ord. 1996, 5/27/2025
This section provides the operating regulations for authorized events in the downtown entertainment zone and are mandatory conditions. Further restrictions on any of the regulations provided below or additional requirements not listed below may be required on the special event permit or street closure permit conditions of approval.
A. 
Permitted Businesses. Only ABC licensed restaurants, bars, breweries, and wineries containing an on-sale license are eligible to participate in selling open container alcoholic beverages for consumption within the entertainment zone during an entertainment zone event. Additionally, an organization authorized by an ABC special event permit or license to make such sales within the downtown entertainment zone is eligible to participate in selling open container alcoholic beverages for consumption. Patrons with open container alcoholic beverages must exit the ABC licensed premises directly into the entertainment zone.
B. 
Types of Alcoholic Beverages. The types of open container alcoholic beverages that are permitted to be consumed off-premises in the downtown entertainment zone are beer, wine and distilled spirits, and limited to the type of alcoholic beverage specified in the ABC license issued to the participating businesses.
C. 
Hours and Days of Operation. Open container alcoholic beverages for off-premises consumption during a downtown entertainment zone event are permitted on any day of the year between the hours of 11:00 a.m. and 12:00 midnight. Additional limitations may be imposed by any ABC permit or license and by the approved special event permit conditions issued for an entertainment zone event, including, but not limited to, more restrictive hours or days, as determined by the development services director, during which outdoor consumption of alcoholic beverages is authorized. Businesses are prohibited from selling open container alcoholic beverages for consumption outside of these hours.
D. 
Age Verification. Patrons of all ages may be admitted into the entertainment zone. Alcohol-serving businesses may admit patrons under the age of 21 if allowed by their ABC liquor license. During the duration of any entertainment zone event, every patron purchasing an open container alcoholic beverage for off-premises consumption in the entertainment zone or drinking an alcoholic beverage within the zone must be wearing a wristband or stamp identifying them as 21 years of age or over. All the businesses within the entertainment zone must use a single style of wristband or stamp agreed upon and provided in the special event permit's conditions and prior to the operation of any entertainment zone event.
E. 
Container or Cup Requirement. An ABC licensed business may not serve open container alcoholic beverages for off-premises consumption in any metal or glass container during an entertainment zone event. All open container beverages for off-premises consumption during the entertainment zone event shall be served in a plastic or paper cup or container which has professionally printed or stamped the name of the ABC licensed business from where it is purchased within the entertainment zone.
F. 
Signage. The boundaries of the entertainment zone must be clearly marked by easily visible signage posted around the perimeter of the entertainment zone. The signage must instruct patrons not to carry alcoholic beverages outside the entertainment zone (e.g., "No Alcoholic Beverages Beyond This Point"). Signs must be illuminated well enough to be sufficiently visible during nighttime hours of the authorized entertainment zone event's operation.
G. 
Security. During an entertainment zone event, security shall be the responsibility of the event's operator and the requirements for security determined by the Upland Police Department and provided in the special event permit's conditions.
H. 
Disposal. The organization or party approved to conduct an entertainment zone event shall provide a sufficient number of trash receptacles within and around the perimeter of the entertainment zone event for patrons to dispose of their cups or containers before exiting the entertainment zone.
Ord. 1996, 5/27/2025
A. 
The development services department is the authority to issue the permits required by this chapter, which includes a special event permit and a street closure permit.
B. 
Within 30 days of the establishment or modification of a downtown entertainment zone, the development services director, or their designee, shall provide the ABC with the following information, pursuant to California Business and Professions Code Section 25690:
1. 
A copy of the ordinance establishing or modifying the downtown entertainment zone;
2. 
Information as may be necessary to identify the boundaries of the downtown entertainment zone;
3. 
The days and hours of operation of the downtown entertainment zone;
4. 
The types of alcoholic beverages permitted within the downtown entertainment zone; and
5. 
The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized.
C. 
The development services director, or their designee, shall review the operation of the downtown entertainment zone every two years following the adoption of the entertainment zone in this Chapter 9.18 to ensure that the entertainment zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with the Upland Police Department and any reports produced during the review shall be made available to the ABC upon request.
D. 
Before any modifications to the downtown entertainment zone are made, the development services director, or their designee, shall notify Upland Police Department and request feedback about both of the following:
1. 
Potential health and safety impacts that might be generated by the entertainment zone and strategies to mitigate those impacts; and
2. 
The entertainment zone's proposed boundaries, days and hours of operation, types of alcoholic beverages permitted, and approved nonglass and nonmetal containers.
Ord. 1996, 5/27/2025