Chapter 13.16

ENTERTAINMENT AND MAJOR EVENTS ZONES*

Parts:

1 Entertainment Zone

Part 1

• A. Any special event permit may be revoked on the day of the permitted activity without prior written notice and without a hearing, if the city council, the city manager, the director, the fire chief or the chief of police, or their authorized designees, determines that:

  1. Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God or a public emergency; or

  2. The permittee is in violation of the provisions of this chapter, the regulations, or the terms of the special event permit.

• B. The grounds for revocation shall be communicated at the time notice is provided.

• C. The permittee, immediately upon receipt of the notification that the special event permit has been revoked, shall cease the activity and shall commence with restoring the special event venue to its condition prior to the activity.

• (Ord. 29419.)

• A. It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any area for which a special event permit has been issued, without the consent of the permittee.

• B. This section shall not apply to persons acting under the direction and control of the city.

• (Ord. 29419.)

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ENTERTAINMENT ZONE

Sections:

13.16.010 Purpose.

13.16.020 Definitions.

• 13.16.030 ABC.

13.16.040 Entertainment zone.

13.16.050 Entertainment zone event.

• 13.16.060 Entertainment zone requirements.

• 13.16.070 Entertainment zone hours.

• 13.16.080 Entertainment zone locations.

13.16.090 Entertainment zone implementation.

The purpose of this Part 1 is to implement Senate Bill 969 through the establishment and regulation of entertainment zones to allow the purchase of open container alcoholic beverages from local bars, restaurants, wineries, breweries and onsale 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 13.14.

(Ord. 31207.)

*Editor’s note— Chapter 13.16, pertaining to Temporary Street Closures, was repealed by Ordinance 29419, adopted June 10, 2014.

SAN JOSÉ CODE

§ 13.16.020

The definitions set forth in this Part shall govern the application and interpretation of this Chapter.

(Ord. 31207.)

"ABC" means the California Department of Alcoholic Beverage Control. (Ord. 31207.)

"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 13.16.080. (Ord. 31207.)

"Entertainment Zone Event" means an event that occurs within the boundaries of an Entertainment Zone in compliance with ABC and the hours permitted by this Chapter 13.16; and subject to the requirements of the special events permit issued under Chapter 13.14. (Ord. 31207.)

• 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, ex-

cept laws restricting off-sale of alcoholic beverages under Title 20 shall not apply; and

4. All permit requirements for special events issued under Chapter 13.14.

• 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 special event permit or license to make such sales within the Entertainment Zone.

• (Ord. 31207.)

Outdoor consumption of alcoholic beverages may only occur during an Entertainment Zone Event between the hours of 8:00 a.m. and 11:59 p.m., inclusive, subject to any additional limitations imposed by any ABC permit or license and by the special events permit issued under Chapter 13.14, including but not limited to more restrictive days and hours during which outdoor consumption of alcoholic beverages is authorized. (Ord. 31207.)

• A. Sharks Way. All plazas, pedestrian malls, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of West St. John Street between North Montgomery Street and North Almaden Boulevard; North Almaden Boulevard between West St. John Street and Santa

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STREETS, SIDEWALKS AND PUBLIC PLACES

§ 13.16.090

Teresa Street; Santa Teresa Street between North Almaden Boulevard and West St. John Street; and West St. John Street between Santa Teresa Street and Terraine Street/Almaden Avenue are hereby designated as the Sharks Way Entertainment Zone under Sections 23039.5 and 25690 of the California and Business and Professions Code.

• B. Little Italy. All plazas, pedestrian malls, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of North Almaden Boulevard between West Julian Street and West St. John Street is hereby designated as the Little Italy Entertainment Zone under the Sections 23039.5 and 25690 of the California and Business and Professions Code.

• C. San Pedro Street. All plazas, pedestrian malls, public streets, sidewalks or public rights-ofway in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of North San Pedro Street between West Santa Clara Street and West St. John Street; West St. John Street between North San Pedro Street and Terraine Street/Almaden Avenue; and fronting the northbound lane of West Santa Clara Street between Almaden Avenue and North San Pedro are hereby designated as the San Pedro Street Entertainment Zone under Sections 23039.5 and 25690 of the California and Business and Professions Code.

• D. Post Street. All plazas, pedestrian malls, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of Post Street between South Market Street and First Street are hereby designated as the Post Street Entertainment Zone under the Sections 23039.5 and 25690 of the California and Business and Professions Code.

• E. South First Street. All plazas, public streets, sidewalks or public rights-of-way in front of

storefronts and establishments holding permits or licenses from ABC that are located on either side of South First Street between San Carlos Street and East Reed Street are hereby designated as the South First Street Entertainment Zone under Sections 23039.5 and 25690 of the California and Business and Professions Code.

• F. Fountain Alley. All plazas, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of Fountain Alley between South First Street and South Second Street are hereby designated as the Fountain Alley Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

tain Alley. All plazas, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of Fountain Alley between South First Street and South Second Street are hereby designated as the Fountain Alley Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

• G. Paseo de San Antonio 1-4. All plazas, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of Paseo de San Antonio between South Fourth Street and South Market Street are hereby designated as the Paseo de San Antonio Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

• H. Alum Rock. All plazas, public streets, sidewalks or public rights-of-way in front of storefronts and establishments holding permits or licenses from ABC that are located on either side of Alum Rock Avenue between North 31st Street and Silcreek Drive; and North King Road between East San Fernando Street and Alum Rock Avenue are hereby designated as the Alum Rock Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

• (Ord. 31207.)

• A. Within 90 days of the establishment or modification of an Entertainment Zone, the Office of Economic Development and Cultural Af-

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SAN JOSÉ CODE

§ 13.16.090

fairs will, following consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:

1. A copy of the ordinance establishing or modifying the Entertainment Zone;

2. Information as may be necessary to identify the boundaries of the Entertainment Zone;

3. The days and hours of operation of the Entertainment Zone;

4. The types of alcoholic beverages permitted within the Entertainment Zone; and

5. The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized.

• B. The City Manager is authorized to promulgate rules and regulations under this Chapter, and under Section 13.14.230 of Chapter 13.14. 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 21 years of age or older;

  2. Any person or organization seeking a special events permit under Chapter 13.14 shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by Chapter 13.14; 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.

• C. Upon revision of the special events guidelines for outdoor special events, the Office of Economic Development and Cultural Affairs shall transmit a copy of the guidelines to ABC.

• D. Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic bever-

ages 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.

(Ord. 31207.)