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On Tuesday, the Walnut Creek City Council agreed on a two-year pilot that would allow for a “entertainment zone” in the downtown area.
The item was brought forward by Walnut Creek Downtown looking for another way to support local businesses.
The move is in response to Senate Bill 969 which allows cities to establish an “entertainment zone” which allows patrons to purchase alcoholic beverages from licensed vendors and consume them in public spaces – supporting restaurant and bars. Various cities, including San Francisco, San Jose, San Diego, and Santa Monica have all found success with an entertainment zone.
According to the staff report, the proposed ordinance requires that Entertainment Zones are created via the Management Plan that would need to be brought forward by a non-profit project sponsor for approval by City Council. Entertainment Zones would allow the consumption of alcoholic beverages provided to-go by certain existing businesses, within the public right-of-way, as summarized below:
- Participating businesses with an active ABC license can opt in to participate in the Entertainment Zone, pursuant to the Management Plan and WCMC Chapter 7-4. Businesses that participate in the Entertainment Zone will be identified as “eligible businesses.”
- Eligible businesses would need to sign an agreement with the project sponsor and confirm participation qualifications with ABC prior to becoming eligible to participate in the Entertainment Zone.
- Customers can purchase an alcoholic beverage from an eligible business.
- The server of the eligible business will verify the legal age of the customer and confirm they are 21 years old or older. The customer will be provided with a wristband to be worn on the wrist before the beverage is served and taken outside.
- The eligible business will serve the alcoholic beverage within a container that is not a metal can or a glass container.
- The customer will be required to wear the wristband while consuming the beverage within the public right-of-way and shall show the wristband and/or legal identification to confirm age over 21 to any police, security, or ambassador.
- The customer cannot enter any other business, whether an eligible business or not, with the alcoholic beverage until it is fully consumed.
- The customer shall consume or dispose of the alcoholic beverage completely before leaving the boundaries of the Entertainment Zone
During the meeting, Councilmember Craig DeVinney asked staff what the thinking was around this particular zone and if other zones could occur in the city.
Staff replied this would be the first entertainment zone as this was brought forward by Walnut Creek Downtown but wanted to create a mechanism, should there be interest around other parts of the city, there is flexibility and they could bring it forward to their own management plan.
Vice Mayor Matt Francois confirmed tonight they were approving an ordinance, not the enforceable “management plan”. The plan will return at a later.
Councilmember Cindy Darling also confirmed the entertainment zones had to be brought forward by a non-profit.
Meanwhile, Councilmember Cindy Silva confirmed that Walnut Creek Downtown is the “holder” of the management plan. She asked if they could limit the “frequency” of number of times they could control the amount of times this could occur. The management plan will return at a later time.
She also asked how Walnut Creek Downtown will manage each individual licensee.
According to Kathy Hemmenway, Walnut Creek Downtown executive director, the monitoring would occur through custom cups to participating businesses along with wristbands. They would also have training for staff and manual to all of participating businesses on site. It was also stated patrons cannot take different cups into different businesses – beer, wine, mixed-drinks. Staff added, this ordinance simply regulates the public right of way—the idea is businesses operate as usual, its simply alcohol being allowed outside within the zone.
Mayor Kevin Wilk asked what the difference between First Wednesdays and Locust Street events and an entertainment zone noting people have beer and wine in the street. Walnut Creek Downtown explained this simply moves the responsibly away from the organization coordinating the event to the businesses.
Staff also admitted at some point this could evolve and expanded into an entertainment zone that is reoccurring Friday and Saturday nights in a designated area.
Francois asked Walnut Creek Police Chief Ryan Hibbs if he had any concerns with the program or outdoor alcohol.
“Our position is Walnut Creek Downtown has thought this out pretty thoroughly. We have met with them and are pleased at the controls they have put in place,’ said Hibbs. “With respect to the events, we see this as just another First Wednesday or Locust Street Festival. If need be, we can staff it… I am confident if concerns are raised, they would be addressed quickly.”
Ultimately, the council liked the idea of making the ordinance a pilot program for 2-years and brought back for a renewal or elimination of a sunset. It was approved in a 5-0 vote.
If approved, the Entertainment Zone would be allowed to operate seven days a week, authorized Friday through Saturday between 10:00 a.m. and 11:59 p.m. and Sunday through Thursday between 10:00 a.m. and 10:00 p.m., so long as at least one licensee within the boundaries of the Entertainment Zone is permitted to sell alcoholic beverages during those hours for consumption on the premises.
A business’s respective alcohol license type conditions the type of alcoholic beverages it may sell or allow consumption of on its premises. Should an Entertainment Zone ordinance be approved, it would allow beer, wine, and/or distilled spirits to be consumed outside of a business but within the Entertainment Zone Eligible businesses must serve the beverage within
their approved alcohol boundary, then provide a to-go container to allow patrons to drink the beverage within the Entertainment Zone boundaries. Businesses cannot deliver alcoholic beverages to consumers located within the Entertainment Zone.
Location of Operation
Subject to all other applicable requirements, the Downtown Walnut Creek Entertainment Zone may operate within the entire area permitted by Municipal Code Sec. Downtown Walnut Creek Locust/N. Main Streets between Mt. Diablo Blvd. and Civic Drive, and Bonanza/Cypress Streets between N. California Blvd./N. Broadway.
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