Chico Municipal Code Ch. 5.45 Entertainment Zones

The purpose of this Chapter is to establish designated Entertainment Zones within the City of Chico, pursuant to Senate Bill 969, to allow the consumption of alcoholic beverages purchased from licensed participating businesses within defined public areas, subject to reasonable time, place, and manner regulations intended to protect public health, safety, and welfare.

(Ord. 2623 §1)

For the purposes of this Chapter:

A. "ABC" means the California Department of Alcoholic Beverage Control.

B. "Age-Verification Marker" means a wristband, stamp, or other visible device issued by a Participating Licensee to a patron upon verification of valid government-issued identification confirming that the patron is 21 years of age or older, and worn or displayed on the patron's person for the purpose of identifying the patron as authorized to possess and consume alcoholic beverages within an Entertainment Zone.

C. "Entertainment Zone" has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended.

D. "Licensee" means a person or entity holding a valid license issued by the California Department of Alcoholic Beverage Control authorizing the sale of alcoholic beverages.

E. "Open Container" means a non-glass, nonmetal vessel approved by the City Manager pursuant to Section 5.45.060 of this Chapter, in which an alcoholic beverage purchased from a Participating Licensee within an Entertainment Zone is contained for consumption within that same Entertainment Zone, consistent with the requirements of Business and Professions Code Section 25690.

F. "Participating Licensee" means a beer manufacturer, winegrower, or on-sale licensee, as those terms are used in Sections 23357, 23358, and 23396 of the California Business and Professions Code, whose licensed premises are located within the boundaries of an Entertainment Zone and who has notified ABC of their intent to participate pursuant to applicable ABC requirements.

(Ord. 2623 §1)

The following Entertainment Zones are hereby established:

A. Downtown Chico Entertainment Zone, consisting of public streets, sidewalks, alleys, and public rights-of-way within the area described in the Downtown Entertainment Zone Map - (Exhibit A).

B. Meriam Park Entertainment Zone, consisting of public streets, sidewalks, alleys, and public rights-of-way within the area described in the Meriam Park Entertainment Zone Map - (Exhibit B).

C. The boundaries of either Entertainment Zone may be amended from time to time by ordinance of the City Council. Prior to adopting any ordinance to modify the boundaries of an Entertainment Zone, the City Council shall notify the Chico Police Department and request feedback regarding the proposed boundary modification consistent with the requirements of Business and Professions Code Section 25692, including potential health and safety impacts and strategies to mitigate those impacts.

D. Upon adoption of this Chapter, the City Manager, or designee, shall provide to ABC all information required by Business and Professions Code Section 25690(b), including a copy of this Chapter, boundary information for each Entertainment Zone, the approved days and hours of operation, the types of alcoholic beverages permitted, and the approved non-glass and non-metal containers authorized for use within each Entertainment Zone. The City Manager shall similarly notify ABC upon any subsequent modification to the foregoing.

(Ord. 2623 §1)

A. Entertainment Zones shall operate seven (7) days per week.

B. Alcohol consumption within an Entertainment Zone shall be permitted between: 10:00 a.m. and 10:00 p.m.

C. Alcohol consumption shall not be permitted during hours in which the sale of alcoholic beverages is prohibited under Section 25631 of the California Business and Professions Code.

D. The days or hours of operation may be amended from time to time by ordinance of the City Council. Prior to adopting any ordinance to modify the days or hours of operation of an Entertainment Zone, the City Council shall notify the Chico Police Department and request feedback regarding the proposed modification consistent with the requirements of Business and Professions Code Section 25692, including potential health and safety impacts and strategies to mitigate those impacts.

(Ord. 2623 §1)

A. The following types of alcoholic beverages may be consumed within an Entertainment Zone:

• 1. Beer
• 2. Wine
• 3. Distilled spirits and mixed drinks

B. All alcoholic beverages consumed within an Entertainment Zone shall be purchased from a licensed premises located within the same Entertainment Zone and authorized under applicable provisions of the California Business and Professions Code to permit off-premises consumption within an entertainment zone.

C. No person shall bring alcoholic beverages into an Entertainment Zone from outside its boundaries.

(Ord. 2623 §1)

A. The City Manager, or designee, in consultation with the Chico Police Department, is authorized to approve standardized, non-glass, non-metal containers consistent with ABC guidelines and applicable requirements of Business and Professions Code Section 25690 for use within Entertainment Zones.

B. All approved containers shall be readily identifiable and issued by a Participating Licensee.

C. No alcoholic beverage may be removed from a licensed premises for consumption within an Entertainment Zone in a glass or metal container.

(Ord. 2623 §1)

A. No person shall possess or consume an alcoholic beverage within an Entertainment Zone unless that person is 21 years of age or older.

B. All persons possessing an alcoholic beverage within an Entertainment Zone shall wear a wristband, stamp, or other visible age-verification marker indicating that the person is 21 years of age or older.

C. Age-Verification Marker shall be issued only by Participating Licensees within the Entertainment Zone upon verification of valid government-issued identification.

D. The City Manager, or designee, in consultation with the Chico Police Department, may establish standardized procedures governing the issuance, appearance, and control of Age-Verification Marker.

(Ord. 2623 §1)

The boundaries of each Entertainment Zone shall be clearly marked by visible signage posted at appropriate locations, notifying the public that alcoholic beverages may not be carried beyond the boundaries of the Entertainment Zone.

(Ord. 2623 §1)

A. The Chico Police Department is authorized to enforce the provisions of this Chapter.

B. Any person found in violation of this Chapter may be required by a law enforcement officer to immediately dispose of any alcoholic beverage in their possession within the Entertainment Zone or to leave the Entertainment Zone.

C. Violations of this Chapter shall be subject to the penalties set forth in Section 1.04.120 of this Code and Charter Section 1505, as may be amended. Administrative enforcement procedures shall be governed by Chapter 1.15 of this Code. Nothing in this Chapter shall be construed to limit the City's authority to pursue any other civil or administrative remedy available under state or local law.

D. Any violation of this Chapter by a Participating Licensee may be reported to the California Department of Alcoholic Beverage Control for investigation and potential disciplinary action pursuant to applicable provisions of the Business and Professions Code.

(Ord. 2623 §1)

The City shall review the operation of each Entertainment Zone no less than once per year following adoption of this Chapter to ensure that the zones are being operated in a manner that protects public health and safety. The review shall be conducted in consultation with the Chico Police Department and any report produced shall be made available to the California Department of Alcoholic Beverage Control upon request.

(Ord. 2623 §1)