Redwood City Municipal Code Art. II Entertainment Zones

The purpose of this Article is to establish and regulate entertainment zones to allow the purchase of open container alcoholic beverages from local bars, restaurants, wineries, and breweries for consumption outside in designated public spaces during certain hours, in accordance with the entertainment zone guidelines to attract residents, workers, and visitors to Downtown Redwood City.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

For the purposes of this Article, the following terms shall have the meanings ascribed thereto:

ABC: The California Department of Alcoholic Beverage Control.

ACTIVATION NOTICE: A notice containing the dates and entertainment zone hours for the entertainment zone being activated by the City.

CITY SPECIAL EVENT: A City-planned, City-organized, or City-hosted outdoor event or gathering for which an activation notice has been issued.

ENTERTAINMENT ZONE: Has the meaning set forth in Section 23039.5 of the California Business and Professions Code, and be in the location and within the boundary of the entertainment zone established by Section 33B.7.

ENTERTAINMENT ZONE GUIDELINES: Those administrative regulations established and maintained by the City Manager pursuant to Section 33B.9.

ENTERTAINMENT ZONE HOURS: The time period when the entertainment zone is activated for a City special event during which outdoor consumption of permitted beverages within the entertainment zone is authorized. Entertainment zone hours can include any time period between the hours of 10:00 a.m. and 10:00 p.m., on any day of the week including Sundays and City-observed holidays. Outdoor consumption of alcohol will be permitted within the activated entertainment zone boundary so long as at least one (1) licensee within the boundaries of the activated portion 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 regulation, permit, or license and by the entertainment zone guidelines.

PERMITTED BEVERAGES: The following types of alcoholic beverages permitted within the entertainment zone:

1. Beer; and

2. Wine.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

All public streets, sidewalks, pedestrian malls, and public rights-of-way on the 2000 block of Broadway between Jefferson and Main and the cross-section of Redwood Creek between Broadway and the Main Street parking lot are hereby designated as an entertainment zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

With respect to each City special event activating the entertainment zone in accordance with the terms of this Article, the following regulations shall apply within the entertainment zone:

A. Activation Procedures. The City Manager, or designee, may activate the City entertainment zone by transmitting an activation notice to all affected permit holders, business owners, and property owners within the entertainment zone at least seventy-two (72) hours prior to a City special event, and by conspicuously posting a physical copy of the activation notice at City Hall. The City Manager shall also cause the activation notice to be posted on the City's website and, where practicable, at conspicuous locations within the entertainment zone, so that members of the public are informed of upcoming activations. For the purposes of this Article, transmittal shall include electronic means where an affected party has consented to electronic communications from the City.

B. Prohibition on Outdoor Sales of Food and Beverage. The outdoor sale of any food or beverages to the public visible from any public street, sidewalk or public rights-of-way shall be prohibited, including alcoholic beverages, except food or beverages sold or distributed in the ordinary course of business at a location for which the City has issued an encroachment permit and outdoor license agreement pursuant to Section 29.3.

C. Prohibition on Outdoor Sales of Merchandise. The outdoor sale or distribution of merchandise, used in its broadest sense and including commercial property or transaction(s) of every kind to the public visible from any public street, sidewalk or public right-of-way shall be prohibited.

D. Temporary Structures. No temporary structure shall be constructed, placed, occupied or used, including, but not limited to, temporary location of tents, canopies, umbrellas and air-supported, air-inflated and tensioned membranes on nonresidential property unless it is approved by the City as part of the entertainment zone activation.

E. Open Permitted Beverages may only be consumed within an entertainment zone during activation of an entertainment zone, subject to any other restrictions imposed by state or local law. When an entertainment zone is activated, Article I of this Chapter 33B, which prohibits open containers of alcoholic beverages in public places, is suspended within the entertainment zone boundary during entertainment zone hours.

F. All open permitted beverages consumed during entertainment zone hours may only be purchased from a licensee located within the entertainment zone that is authorized under California Business and Professions Code Sections 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, within the entertainment zone. Any holder of an ABC licensee that wishes to allow customers to leave the premises with open containers of permitted beverages for consumption off the premises during the activation of an entertainment zone shall provide the City a copy of the notice provided to ABC under Sections 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC.

G. This Article shall supersede any valid City-issued use permit during entertainment zone hours where such use permit is within an activated entertainment zone. In the event of any conflict between the provisions of this Article and any regulation, license, or rule promulgated by ABC, ABC's regulations, rules, or licenses, shall control.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

The City Manager may adopt administrative regulations in the form of entertainment zone guidelines to implement the provisions of this Article, including, but not limited to, additional activation procedures, conditions and requirements, and health and safety measures. The City Manager may revise the entertainment zone guidelines from time to time as they deem appropriate.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

Nothing in this Article modifies requirements to comply with existing federal, state, and local laws. This includes, but is not limited to, requirements to comply with state and federal laws related to sale or distribution of counterfeit merchandise. It also does not change requirements to comply with the City's local regulations, including, but not limited to, requirements to obtain permits for activities when required by the City Code.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

A. Any person who violates this Article, including any entertainment zone guidelines, shall be subject to administrative fines and administrative penalties pursuant to Section 1.7B of this Code. Each day that a violation is permitted to exist shall constitute a separate offense.

B. Any participating licensee who violates this Article may be subject to suspension or revocation of their right to participate in the entertainment zone. The City Manager may promulgate administrative regulations in the entertainment zone guidelines to implement this Section.

C. In addition to the remedies identified herein, this Article may be enforced by an injunction issued by the Superior Court upon any suit by the City. If any activity that constitutes a violation of this Article also constitutes a violation of any state, federal, local, or common law, the provisions of this Section shall not be the exclusive remedy and shall not be deemed to abrogate any other rights and remedies that may exist under law.

(Ord. No. 2560, § 4(Exh. A), 5-11-26)

The City Manager, in conjunction with the Redwood City Police Department, shall review the operation of the entertainment zone every two (2) years following its adoption 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. No. 2560, § 4(Exh. A), 5-11-26)