The purpose of this chapter is to establish a process by which to create Entertainment Zones within the City of Walnut Creek, as authorized by California Business and Professions Code Section 23039.5, and SB 969 (2024), where patrons can purchase open container drinks (alcoholic drinks "to-go") from local bars, restaurants, wineries, and breweries and enjoy them outside in common spaces like public plazas, sidewalks, and streets during certain hours for the purposes of creating active, commercial corridors, catalyzing broader economic stimulus, and ensuring equitable program benefits while making Walnut Creek a vibrant cultural hub.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
For the purposes of this chapter, the following definitions shall apply:
(a) 
"Alcoholic beverage"
means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and any other liquid or solid that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
(b) 
"Alcoholic Beverage Control," "ABC," or "Department"
means the California State Department of Alcoholic Beverage Control.
(c) 
"Alcoholic beverage establishment"
means the business premises of any holder of a license, permit, certification, or authorization by ABC to make, produce, manufacture, sell, give, or provide alcoholic beverages. Reference to an alcoholic beverage establishment shall include any immediately adjacent area that is owned, leased, licensed, rented, or controlled by the permittee. It shall also include any facility or building, or a portion thereof, which is rented out for special event functions wherein alcoholic beverages are made, sold, or provided on the premises. A nonretail license establishment is not an alcoholic beverage establishment.
(d) 
"Entertainment Zone"
means a delineated zone created pursuant the provisions of this chapter pursuant to a Management Plan and that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way in the City. However, if the definition of an Entertainment Zone as set forth Business and Professions Code Section 23039.5, or its successor statute is subsequently amended to be different from this subsection, such definition shall control.
(e) 
"Licensee" or "licensed premises"
means any person, business, or other entity duly licensed to sell alcoholic beverages, or that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.
(f) 
"Management Plan"
means a plan proposed by a local non-profit organization and approved by the Walnut Creek City Council for the management, regulation and use of an Entertainment Zone.
(g) 
"Non-profit"
means an organization that may hold a temporary daily license (such as those for a street fair or festival) with a physical boundary of operation within an Entertainment Zone such as:
(1) 
Social, fraternal, or civic organizations.
(2) 
Religious, charitable, or educational institutions.
(3) 
Political or labor organizations.
(h) 
"Project sponsor"
means a non-profit who submits a Management Plan to the City and is the principal operator for the entertainment zone who serves as a liaison between the City and participating businesses.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
(a) 
An Entertainment Zone shall be created with the approval of a Management Plan by the City Council and its boundaries shall consist of the public streets, sidewalks, plazas, or other public rights-of-way as delineated in said Plan.
(b) 
Outdoor consumption of alcoholic beverages within the Entertainment Zone is authorized Friday through Saturday between 10:00 a.m. and 11:59 p.m. and Sunday through Thursday between 10:00 a.m. and 10:00 p.m., so long as at least one licensee within the boundaries of the Entertainment Zone is permitted to sell alcoholic beverages during those hours for consumption on the premises. Hours of operation are subject to any additional limitations imposed by any ABC permit or license, the City's Special Event Permit, and the Management Plan for the specific Entertainment Zone.
(c) 
Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer and/or wine and/or spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the City's Special Event Permit and Management Plan for the specific Entertainment Zone.
(d) 
All licensees and licensed premises shall annually submit a notice of intent to participate in their applicable Entertainment Zone to the Public Works Department.
(e) 
Each event will be subject to a Special Event Permit from the Public Works Department.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
(a) 
All licensees and organizations selling alcoholic beverages within an Entertainment Zone 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) 
California Business and Professions Code Sections 23357, 23358, and 23396, as may be amended from time to time;
(3) 
All other laws governing the sale and consumption of alcoholic beverages and all permits and licenses issued pursuant thereto;
(4) 
Applicable road closure regulations and procedures;
(5) 
Applicable Community Event laws, policies, and regulations;
(6) 
Any applicable administrative regulations issued by the City pursuant to this chapter, including conditions set forth in the Management Plan for the Entertainment Zone;
(7) 
To the extent any provisions of this chapter becomes inconsistent with Sections 4-3.02 to 4-3.04 of Chapter 4-3, of this code, the provisions of this chapter shall control.
(b) 
Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, plaza, or thoroughfare within an Entertainment Zone, subject to any other restrictions imposed by state or local law.
(c) 
All open alcoholic beverages shall be purchased only from licensed premises located within the Entertainment Zone.
(d) 
No alcoholic beverages purchased at a participating licensed premises may leave the premises in an open glass or metal can container.
(e) 
Delivery of alcoholic beverages to consumers within the Entertainment Zone by a participating licensee or third-party delivery service is prohibited unless the delivery is to a residential building or private business that is not a licensee.
(f) 
To the extent the entertainment zone falls in the boundary of the Outdoor Dining Program, the operator permit for the Outdoor Dining Program will supersede the entertainment zone allowance.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
(a) 
The Management Plan shall meet the following requirements:
(1) 
The Management Plan includes or meets all of the following:
(A) 
The requirements under Business and Professions Code Sections 23357 and 23358, as may be amended from time to time;
(B) 
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;
(C) 
Delineation of the boundaries of the Entertainment Zone;
(D) 
The days and hours of operation of the Entertainment Zone;
(E) 
The types of alcoholic beverages permitted within the Entertainment Zone;
(F) 
The approved non-glass and non-metal containers in which alcoholic beverages may be authorized;
(G) 
Security protocols and methods of age verification or all licensee and licensed premises in the Entertainment Zone;
(H) 
Recycling plan;
(I) 
Frequency of activation of the Entertainment Zone;
(J) 
Sanitation measures for all licensee and licensed premises in the Entertainment Zone; and
(2) 
In consultation with the Walnut Creek Police Department, the project sponsor shall provide the following information to ABC, pursuant to Business and Professions Code Section 25690:
(A) 
A copy of the ordinance establishing or modifying the Entertainment Zone; and
(B) 
A copy of the approved Management Plan.
(b) 
A Management Plan shall be approved by the City Council at its sole discretion.
(c) 
Upon issuance or revision of a Management Plan, the project sponsor shall transmit a copy of the Plan to ABC.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
The City Manager or designee may adopt administrative regulations to implement the provisions of this chapter, including, but not limited to, application procedures, permit conditions and requirements, and health and safety measures. The City Manager or designee may revise these regulations from time to time as it deems appropriate. The Entertainment Zone Management Plan shall be considered an enforceable regulation.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
The City, in conjunction with the Walnut Creek Police Department, shall review the operation of each Entertainment Zone periodically to ensure the Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. Any reports made during the review shall be made available to ABC upon request.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
(a) 
Any person who violates any provision of this chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $1,000, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000 per violation or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(b) 
Any person who violates this chapter, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter 4-3, Intoxication, of this Code.
(c) 
Any participating licensee who violates this chapter may be subject to suspension or revocation of their right to participate in the Entertainment Zone. The City may promulgate administrative regulations to implement this section.
(d) 
Any person convicted of violating this chapter in a criminal case, or found to be in violation of this chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)
Signs within an Entertainment Zone related to entertainment zone activation and events shall be considered "Exempted signs" pursuant to WCMC Chapter 10-8 for the purpose of Sign Regulations. Window or other signage visible within the Entertainment Zone may advertise beer or alcohol so long as it is done in connection with an Entertainment Zone activation. All other signage placed on private property shall be subject to standard sign permit requirements.
(Ord. 2256, 5-5-2026, eff. 6-5-2026)