Vacaville Municipal Code Ch. 12.34 Entertainment Zones

The following definitions apply in this chapter:

"ABC"

means the California Department of Alcoholic Beverage Control.

"Alcoholic beverage"

has the same meaning as in California Business and Professions Code Section 23004.

"City manager"

means the city manager or designee.

"Entertainment zone"

has the same meaning as in California Business and Professions Code Section 23039.5.

"Entertainment zone event"

means an event during which the consumption of one or more types of alcoholic beverages is authorized on public streets, sidewalks, or public rights-of-way within the boundaries of an entertainment zone established in accordance with this chapter.

"Management plan"

means a plan approved by the city manager for the management and regulation of the 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. 2021, 6/23/2026)

A. No person shall conduct an entertainment zone event without obtaining a special event permit.

B. The issuance of a special event permit for an entertainment zone event does not excuse a person selling alcoholic beverages from complying with all applicable state and local laws and regulations, including the following:

1. ABC license and permitting requirements;

2. California Business and Professions Code Sections 23357, 23358, and 23396;

3. All other laws governing the sale and consumption of alcoholic beverages;

C. A person may possess an open container and consume an alcoholic beverage on any public street, sidewalk, or public right-of-way within an entertainment zone during an entertainment zone event if the open container or alcoholic beverage was purchased from either:

1. A premises that is authorized to permit consumers to leave the premises with open containers for consumption off the premises within an entertainment zone, pursuant to California Business and Professions Code Section 23357, 23358, or 23396; or

2. A person who is authorized by an ABC special event permit or license to sell alcoholic beverages within the entertainment zone.

(Ord. 2021, 6/23/2026)

A. The city manager has the authority to issue administrative policies for the implementation of this chapter.

B. The city manager 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 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. In consultation with the police department, provide the following information to ABC, pursuant to California Business and Professions Code Section 25690, Subdivision (b):

a. A copy of the ordinance establishing or modifying the entertainment zone;

b. Information 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 allowed within the entertainment zone; and

e. The approved non-glass and non-metal containers in which alcoholic beverages may be possessed.

C. Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers for consumption off the premises during an entertainment zone event shall provide to the city manager a copy of the notice required under California Business and Professions Code Section 23357, 23358, or 23396, as applicable. The notice shall be provided to the city manager at the same time the notice is provided to ABC.

(Ord. 2021, 6/23/2026)

Pursuant to California Business and Professions Code Sections 23039.5 and 25690, the city council hereby establishes the following entertainment zones.

A. Main Street Entertainment Zone. All public streets, sidewalks, and public rights-of-way on Main Street from Parker Street to Davis Street, a portion of Merchant Street from Parker Street to Main Street, a portion of Andrews Park, and the Town Square.

(Ord. 2021, 6/23/2026)

An entertainment zone event may only occur between the hours of 10:00 a.m. and 10:00 p.m., subject to any additional limitations imposed by any of the following:

A. ABC permit or license;

B. The management plan; or

C. The special event permit for the entertainment zone event.

(Ord. 2021, 6/23/2026)

A. Prior to issuance of a special event permit for an entertainment zone event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of general liability insurance coverage, which must be at no cost to the city, and which must comply with all of the following:

1. Coverage must be at least as broad as ISO CGL Form 00 01 and provided on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury;

2. The policy limit per occurrence must be in an amount as determined by the city's risk management;

3. The policy must cover all losses and damages as specified in subsection C of this section;

4. The policy must be endorsed to provide that the city, its officers, employees, and agents are named as additional insureds;

5. The policy must be endorsed to stipulate that the policy will operate as primary insurance and that no other insurance covering the city or other named insured will be called on to contribute to a covered loss; and

6. The policy must include a liquor liability endorsement.

B. No person shall conduct an entertainment zone event without the insurance required by this section being in full force and effect.

C. The special event permittee shall defend, indemnify, and hold harmless the city, its officers, employees, and agents from and against all actions, losses, damages, liability, costs, and expenses of every type and description, including attorneys' fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permittee or its officers, employees, or agents.

(Ord. 2021, 6/23/2026)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.20.

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 $250.00 or more than $25,000.00 for each day the violation continues.

D. All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

(Ord. 2021, 6/23/2026)

Every two years, the city manager shall review the operation of each entertainment zone to ensure that each zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with the police department. The city manager shall present the findings to the city council, and any reports produced during the review shall be made available to ABC upon request.

(Ord. 2021, 6/23/2026)