The purpose of this Chapter 12.42 is to implement Senate Bill 969 (2024) through the establishment and regulation of entertainment zones to allow the purchase of open container alcoholic beverages from local bars, restaurants, wineries, breweries and on-sale licensees for consumption outside in common spaces such as plazas, public streets, sidewalks, or public rights-of-way during certain hours, subject to a special event permit issued pursuant to Chapter 12.40.
(Ord. 1742, 10/7/2025)
The definitions set forth in this chapter shall govern the application and interpretation of this chapter:
"ABC"
means the California Department of Alcoholic Beverage Control.
"Alcoholic beverage"
has the same meaning as in California Business and Professions Code Section 23004.
"City Manager"
means the City Manager or designee.
"Entertainment zone event"
means an event during which the consumption of one or more types of alcoholic beverages is authorized on public streets, sidewalks, or public rights-of-way that occurs within the boundaries of an entertainment zone established in accordance with this chapter and during the hours permitted as described under Section 12.42.060, in compliance with ABC, and subject to the requirements of a special permit issued under Chapter 12.40.
"Entertainment zone"
has the same meaning as set forth in Section 23039.5 of the California Business and Professions Code, as may be amended, with the locations described under Section 12.42.050.
"Management plan"
means a plan approved by the City Manager for the management and regulation of the entertainment zone.
"Open container"
means any bottle, can, glass, jug, box, or other receptacle that is open or has been opened and contains any alcoholic beverage.
"Parks, Recreation, and Community Services Director"
means the Parks, Recreation, and Community Services Director or designee.
(Ord. 1742, 10/7/2025)
A. 
No person or commercial entity or organization shall conduct an entertainment zone event without obtaining a special event permit issued pursuant to Chapter 12.40.
B. 
All persons and commercial entities and organizations organizing the entertainment zone event, or selling alcoholic beverages at an entertainment zone, shall comply with all applicable state and local laws and regulations, including the following:
1. 
All applicable ABC license and permitting requirements;
2. 
Sections 23357, 23358, 23396 of the California Business and Professions Code, as may be amended from time to time, regulating licensed beer manufacturers, licensed winegrowers, and on-sale licensees, respectively;
3. 
All other laws governing the sale and consumption of alcoholic beverages;
4. 
All permit requirements for special events issued under Chapter 12.40;
5. 
Special event permit conditions imposed pursuant to Chapter 12.40.
C. 
A person may possess an open container of alcoholic beverage for consumption only within an entertainment zone during an entertainment zone event if the open container of alcoholic beverage was purchased from either:
1. 
A licensed premises that is authorized to permit consumers to leave the premises with open containers for consumption off the premises within an entertainment zone, pursuant to Section 23357, 23358, or 23396 of the California Business and Professions Code; or
2. 
A person or commercial entity or organization that is authorized by an ABC special event permit or license to sell alcoholic beverages within the entertainment zone.
(Ord. 1742, 10/7/2025)
A. 
The City Manager has the authority to issue administrative policies for the implementation of this chapter.
B. 
The Parks, Recreation, and Community Services Director shall not issue a special event permit authorizing an entertainment zone event in an entertainment zone before the City Manager does the following:
1. 
Issues a management plan that:
a. 
Establishes a process or procedure to readily identify individuals in possession of alcoholic beverages within the entertainment zone as being 21 years of age or older;
b. 
Requires any person seeking a city permit for an entertainment zone event to comply with all insurance requirements applicable to that permit, and all rules and regulations authorized by Chapter 12.40; and
c. 
Imposes requirements not otherwise imposed by state or local law, including additional requirements for permissible beverage containers, additional restrictions on the hours of operation for entertainment zone events, and other restrictions on time, place, and manner.
2. 
Transmits a copy of the management plan to ABC.
3. 
In consultation with the Police Department, provides the following information to ABC, pursuant to California Business and Professions Code Section 25690, subdivision (b):
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 allowed within the entertainment zone; and
e. 
The approved non-glass and non-metal containers in which alcoholic beverages may be allowed.
C. 
Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers for consumption off the premises within an entertainment zone during an entertainment zone event shall provide to the Parks, Recreation and Community Services Director a copy of the notice required under California Business and Professions Code Section 23357, 23358, or 23396, as applicable. The notice shall be provided to the Parks, Recreation, and Community Services Director at the same time the notice is provided to ABC.
(Ord. 1742, 10/7/2025)
Downtown Entertainment Zone: All plazas, public streets, sidewalks, and public rights-of-way located on either side of Main Street running east from Walnut Street to 6th Street, and each adjacent cross street from Lincoln Avenue running north to Court Street and all establishments holding permits or licenses from ABC that are adjacent thereto, are hereby designated as the Downtown Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code, subject to any additional limitations imposed by the special event permit approved and issued pursuant to Chapter 12.40, including, but not limited to, more restrictive zones within the entertainment zone for the entertainment zone event.
(Ord. 1742, 10/7/2025)
Outdoor consumption of alcoholic beverages within the Downtown Entertainment Zone may only occur between the hours of 10:00 a.m. and 11:59 p.m., inclusive, subject to any additional limitations imposed by any one or more of the following:
A. 
Any ABC permit or license; or
B. 
The management plan approved for this entertainment zone; or
C. 
The special event permit approved and issued for the entertainment zone event pursuant to Chapter 12.40, including, but not limited to, more restrictive days and hours during which outdoor consumption of alcoholic beverages is authorized, as may be designated by the City.
(Ord. 1742, 10/7/2025)
A. 
Prior to issuance of a special event permit for an entertainment zone event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of general liability insurance coverage, which must be at no cost to the City, and which at a minimum must comply with the requirements set forth in Chapter 12.40 governing Insurance requirements for special events. The City may, at its option, establish additional insurance requirements for entertainment zone events, which requirements may be established by administrative action of the City's Administrative Services Department.
B. 
No person shall conduct an entertainment zone event without the insurance required by this section being in full force and effect.
C. 
The special event permit holder shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against all actions, losses, damages, liability, costs, and expenses of every type and description, including attorneys' fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permit holder or its officers, employees, or agents.
(Ord. 1742, 10/7/2025)
Every two years, the City Manager shall review the operation of the entertainment zone to ensure that the 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 Police Department. The City Manager shall present the findings to the City Council and any reports produced during the review shall be made available to ABC upon request.
(Ord. 1742, 10/7/2025)