Oakland Municipal Code Ch. 9.54 Regulations Establishing Entertainment Zones

This Chapter shall be known as the Oakland Entertainment Zone Ordinance.

(Ord. No. 13867, § 2, 12-16-2025)

This Chapter establishes the procedures for establishing and regulating entertainment zones pursuant to a management plan 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 9.52, for the purposes of creating active, commercial corridors, catalyze broader economic stimulus and ensure equitable program benefits while making Oakland a vibrant cultural hub.

(Ord. No. 13867, § 2, 12-16-2025)

As used in this Chapter:

"Alcoholic Beverage" has the meaning set forth in Section 23004 of the California Business and Professions Code.

"Entertainment Zone" has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended; and their locations are described under Section 9.54.060.

"Entertainment Zone Event" means an event that occurs within the boundaries of an entertainment zone in compliance with the California Department of Alcoholic Beverage Control ("ABC") and the hours permitted by this Chapter 9.54; and subject to the requirements of the special events permit issued under Chapter 9.52.

"Management Plan" means a plan approved by the City Administrator for the management and regulation of an 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.

(Ord. No. 13867, § 2, 12-16-2025)

A. All commercial entities and organizations sponsoring the entertainment zone event, or selling alcoholic beverages at an entertainment zone event, shall comply with all applicable state and local laws and regulations, including:

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, except any laws restricting off-site sale and consumption of alcoholic beverages under Title 17; and

4. All permit requirements for special events issued under Chapter 9.52.

B. Open alcoholic beverages may only be consumed within an entertainment zone during an entertainment zone event, subject to any other restrictions imposed by state or local law.

C. All open alcoholic beverages consumed during an entertainment zone event may only be purchased 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, to permit the 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 and City-authorized special event permit or license to make such sales within the entertainment zone.

(Ord. No. 13867, § 2, 12-16-2025)

An entertainment zone event may only occur between the hours of 10:00 a.m. and 11:59 p.m., so long as at least one (1) licensee within the boundaries of the entertainment zone is permitted to sell alcoholic beverages during those hours of consumption on the premises, and subject to any additional limitations imposed by any of the following:

A. ABC permit or license;

B. The management plan for the specific entertainment zone; or

C. The special event permit for the entertainment zone event issued by the City under Chapter 9.52.

(Ord. No. 13867, § 2, 12-16-2025)

A. Jack London District. All plazas, pedestrian malls, public streets, sidewalks, or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC and the City that are located on either side of 2nd Street between Clay Street and Alice Street; on either side of Broadway between 4th Street and Embarcadero West; on either side of Alice Street between 3rd Street and Embarcadero West; on the south side of Embarcadero West between Washington Street and western side of Harrison Street; along the San Francisco Bay Trail and either side of Water Street between Clay Street and Harrison Street are hereby designated as the Jack London District Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code, pending the City Administrator's issuance of a management plan.

B. Broadway Valdez/Northlake District. All plazas, pedestrian malls, public streets, sidewalks, or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC and the City that are located along either side of Broadway, Webster Street, and Valdez Street between either side of 24th Street and Grand Avenue; and along either side of 24th Street, 23rd Street, and Grand Avenue between either side of Broadway and Valdez Street are hereby designated as the Broadway Valdez/Northlake District Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code, pending the City Administrator's issuance of a management plan.

C. Temescal District. All plazas, pedestrian malls, public streets, sidewalks, or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC and the City that are located on either side of Telegraph Avenue between 51st Street and 39th Street; along either side of 49th Street between Telegraph Avenue and Temescal Alley; and along either side of 40th Street between MacArthur BART Access Road and Telegraph Avenue are hereby designated as the Temescal District Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code, pending the City Administrator's issuance of a management plan.

D. Uptown Downtown. All plazas, pedestrian malls, public streets, sidewalks, or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC and the City that are located along either side of 20th Street/Thomas L. Berkley, 19th Street, and 17th Street between either side of Telegraph Avenue and Broadway; along either side of Telegraph Avenue and Broadway between either side of 15th Street and 20th Street/Thomas L. Berkley Way, including Latham Square; and along either side of 19th Street and William Street east of Henry J. Kaiser Memorial Park are hereby designated as the Uptown Downtown Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code, pending the City Administrator's issuance of a management plan.

(Ord. No. 13867, § 2, 12-16-2025)

A. The City Administrator is authorized to promulgate rules and regulations for the implementation of this Chapter.

B. The City Administrator shall not issue a special event permit authorizing an entertainment zone event in an entertainment zone before doing the following:

1. Issuing 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 twenty-one (21) years of age or older;

b. Requires any person seeking a City permit for an entertainment zone event to comply with the applicable insurance requirements, rules, and regulations; 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. Transmitting a copy of the management plan to ABC.

3. Upon establishment or modification of an entertainment zone, the City Administrator will, following 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 non-glass and nonmetal containers in which alcoholic beverages may be authorized.

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 the City 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.

D. The special events guidelines for outdoor special events shall include the following requirements:

1. Establish a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the entertainment zone as being twenty-one (21) years of age or older;

2. Any person or organization seeking a special events permit under Chapter 9.52 shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by Chapter 9.52; and

3. Any additional requirements for approved beverage containers, additional restrictions on hours of operation for the entertainment zone event, and other time, place and manner restrictions.

E. Upon revision of the special events guidelines for outdoor special events, the City Administrator shall transmit a copy of the guidelines to ABC.

(Ord. No. 13867, § 2, 12-16-2025)

Signs within an entertainment zone related to entertainment zone events shall be considered "special event signs" pursuant to Section 17.98.040. Window or other signage visible from within the entertainment zone may advertise beer or alcohol so long as it is done in connection with an authorized entertainment zone event.

(Ord. No. 13867, § 2, 12-16-2025)

A. In addition to any other remedy allowed by law, any person who violates a provision of this Chapter is subject to civil actions and administrative penalties pursuant to this Chapter.

B. Violations of this Chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this Chapter is liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day the violation continues.

D. 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.

E. The City Administrator is authorized to not issue a special event permit for an entertainment zone event and revoke or require changes to a management plan due to noncompliance with this Chapter or applicable laws and regulations.

F. All remedies prescribed under this Chapter are cumulative and the election of one (1) or more remedies does not bar the City from the pursuit of any other remedy to enforce this Chapter.

(Ord. No. 13867, § 2, 12-16-2025)