Sec. 94B.1. Definitions.

Sec. 94B.2. Entertainment Zone Controls.

Sec. 94B.3. Implementation.

Sec. 94B.4. Entertainment Zone Locations.

For the purposes of this Chapter 94B, the following definitions shall apply:

(a) “ABC” means the California Department of Alcoholic Beverage Control.

(b) “Entertainment Zone” has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time.

(c) “Entertainment Zone Event” means an event that occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter 94B and within the hours permitted by this Chapter 94B and the Management Plan or the Downtown Activation Permit issued pursuant to Administrative Code Chapter 94D for the Entertainment Zone.

(d) “Management Plan” means a plan approved by the Office of Economic and Workforce Development (OEWD) for the management and regulation of Entertainment Zone Events.

(Added by Ord. 165-24, File No. 240475, App. 7/3/2024, Eff. 8/3/2024; amended by Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024; Ord. 9-25, File No. 241197, App. 2/7/2025, Eff. 3/10/2025)

(a) All commercial entities and organizations sponsoring or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including but not limited to the following:

(1) All applicable ABC license and permitting requirements;

(2) Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;

(3) All other laws governing the sale and consumption of alcoholic beverages and any and all permits and licenses issued pursuant thereto;

(4) Transportation Code, Division I, Article 6;

(5) Transportation Code, Division II, Article 200, Sections 205 and 206; and

(6) Any applicable Management Plan issued by the Office of Economic and Workforce Development under this Chapter 94B.

(b) Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone during an Entertainment Zone Event, as set forth in Police Code Section 21, subject to any other restrictions imposed by state or local law.

(c) All open alcoholic beverages consumed during an Entertainment Zone Event shall be purchased only 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 from time

to time, to permit 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.

(Added by Ord. 165-24, File No. 240475, App. 7/3/2024, Eff. 8/3/2024)

(a) Within 90 days of the effective date of this Chapter 94B, OEWD shall issue rules for the implementation of this Chapter. OEWD may revise these rules from time to time as it deems appropriate.

(b) Within 90 days of the establishment or modification of an Entertainment Zone, OEWD shall do the following:

(1) in 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 nonglass and nonmetal containers in which alcoholic beverages may be authorized; and

(2) issue a Management Plan for the Entertainment Zone, as follows:

(A) The Management Plan shall 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;

(B) The Management Plan shall require that any person or organization seeking a City permit under Division I, Article 6 or Division II, Section 206 of the Transportation Code for an Entertainment Zone Event shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by the Transportation Code;

(C) The Management Plan may include requirements not otherwise imposed by state or local law, including but not limited to additional requirements for approved beverage containers, additional restrictions on the hours of operation for Entertainment Zone Events, and other time, place, and manner restrictions; and

(D) For Entertainment Zone Events that are held pursuant to a Downtown Activation Permit: (i) OEWD shall determine if the Downtown Activation Permit satisfies the requirements that would be included in a Management Plan; (ii) OEWD may waive the requirement for a Management Plan where the Downtown Activation Permit satisfies the requirements for the contents of a Management Plan; and (iii) OEWD may issue a Management Plan that is limited to addressing only those requirements not adequately covered by the Downtown Activation Permit; and

(E) Upon issuance or revision of a Management Plan, OEWD shall transmit a copy of that Plan to ABC. Upon full or partial waiver of the Management Plan requirement, OEWD shall transmit a copy of the Downtown Activation Permit to ABC.

(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 to OEWD 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.

f 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 to OEWD 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.

(Added by Ord. 165-24, File No. 240475, App. 7/3/2024, Eff. 8/3/2024; amended by Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024)

SEC. 94B.4. ENTERTAINMENT ZONE LOCATIONS.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 213-25, approved 11/4/2025, effective 12/5/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) The Board of Supervisors hereby establishes all of the Downtown Activation Locations set forth in Administrative Code Section 94D.3, including all public streets, public rights-of-way, and sidewalks in front of storefronts abutting both sides of said locations, and all establishments holding permits or licenses from ABC that are located on either side of said locations, as Entertainment Zones under Sections 23039.5 and 25690 of the California Business and Professions Code.

(b) Additional Entertainment Zones.

(1) Mid-Market Entertainment Zone.

(A) All sidewalks on Market Street between 5th Street and 6th Street, with eastern boundaries at Mason Street on the north side of Market Street and at 5th Street on the south side of Market Street, and western boundaries at the intersection of Golden Gate Avenue and Taylor Street on the north side of Market Street and at 6th Street on the south side of Market Street, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Mid-Market Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) An Entertainment Zone Event within the Mid-Market Entertainment Zone must receive a permit for the temporary occupancy of a public sidewalk from the Department of Public Works.

(C) Notwithstanding subsection (c), if an Entertainment Zone Event within the Mid-Market Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the San Francisco Municipal Transportation Agency (SFMTA).

(2) Arena Entertainment Zone.

(A) The area bounded by the southern side of Warriors Way on the north, the western side of Terry A. Francois Boulevard on the east, the northern side of 16th Street on the south, and the eastern side of 3rd Street on the west, including all sidewalks but excluding public streets and other rights-of-way, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Arena Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) The establishment of the Arena Entertainment Zone pursuant to this subsection (b)(2) shall in no way affect the land use authorizations for or ownership or control of any private property within the Arena Entertainment Zone.

(C) The Arena Entertainment Zone shall be subject to any controls imposed by the Mission Bay South Redevelopment Plan.

(D) Notwithstanding subsection (c), if an Entertainment Zone Event within the Arena Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(3) Cole Valley Entertainment Zone. All public streets, public rights-of-way, and sidewalks abutting both sides of Cole Street, between Frederick Street and Parnassus Avenue, and abutting both sides of Carl Street, between Shrader Street and Clayton Street, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Cole Valley Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(4) Castro Upper Market Entertainment Zone.

(A) All public streets, public rights-of-way, and sidewalks abutting the following locations, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Castro Upper Market Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code:

(i) 18th Street between Diamond and Sanchez Streets;

(ii) Castro Street between 19th and States Streets;

(iii) Market Street between Collingwood and Church Streets;

(iv) Church Street between 14th and 15th Streets;

(v) 14th Street between Belcher and Landers Streets;

(vi) Noe Street between Beaver and Market Streets; and

(vii) 16th Street between Market and Pond Streets.

(B) Notwithstanding subsection (c), if an Entertainment Zone Event within the Castro Upper Market Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the San Francisco Municipal Transportation Agency (SFMTA).

(6) [1 ] Valencia Street Entertainment Zone.

(A) All public streets, public rights-of-way, and sidewalks abutting both sides of Valencia Street, between 16th Street and 21st Street, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Valencia Street Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) Notwithstanding subsection (c), if an Entertainment Zone Event within the Valencia Street Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(7) Pier 39 Entertainment Zone.

(A) The area on and around Pier 39, including the northern waterfront of The Embarcadero, between the Embarcadero on the south, Kearny Street on the east, Powell Street on the west, and the San Francisco shoreline on the north, including all sidewalks and public rights-of-way but excluding public streets, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Pier 39 Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) The establishment of the Pier 39 Entertainment Zone pursuant to this subsection (b)(7) shall in no way affect the land use authorizations for or ownership or control of any private property within the Pier 39 Entertainment Zone.

(C) The Pier 39 Entertainment Zone shall be subject to any controls imposed by the Port of San Francisco. To the extent any inconsistency exists between controls imposed by the Port of San Francisco and controls imposed by this Chapter 94B or the Management Plan issued pursuant to Section 94B.3, the controls imposed by the Port of San Francisco shall take precedence.

(D) An Entertainment Zone Event within the Pier 39 Entertainment Zone shall not involve the closure of a public street, and therefore notwithstanding subsection (c), it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(8) Folsom Street Entertainment Zone.

(A) All public streets, public rights-of-way, and sidewalks abutting both sides of Folsom Street, between 7th Street and 8th Street, both sides of Hallam Street, between Folsom Street and Brush Place, and both sides of Langton Street, between Folsom Street and Decker Alley, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Folsom Street Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) Notwithstanding subsection (c), if an Entertainment Zone Event within the Folsom Street Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(9) Ellis Street Entertainment Zone. All public streets, public rights-of-way, and sidewalks abutting both sides of Ellis Street, between Stockton Street and Powell Street, and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Ellis Street Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(10) Yosemite Avenue Entertainment Zone.

(A) All public streets, public rights-of-way, and sidewalks abutting both sides of Yosemite Avenue, between Mendell Street and 3rd Street, and both sides of Lane Street, between 3rd Street and Armstrong Avenue, and all premises specified in Section 94B.2(c) that are adjacent thereto, are

hereby designated as the Yosemite Avenue Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) Notwithstanding subsection (c), if an Entertainment Zone Event within the Yosemite Avenue Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(11) Hayes Valley Entertainment Zone.

(A) Except as otherwise specified herein, all public streets, public rights-of-way, and sidewalks in the area bounded by the eastern side of Franklin Street from Grove to Market Streets, the northern side of Market Street from Franklin to Haight Streets, the southern side of Haight Street from Market Street to Octavia Boulevard, the western side of Octavia Boulevard from Haight to Fell Streets, the southern side of Fell Street from Octavia Boulevard to Laguna Street, the western side of Laguna Street from Fell to Grove Streets, and the northern side of Grove Street from Laguna to Franklin Streets; all public streets, public rights-of-way, and sidewalks on Gough Street from Grove to McAllister Streets; and all premises specified in Section 94B.2(c) that are adjacent thereto, are hereby designated as the Hayes Valley Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.

(B) Patricia’s Green.

(i) Notwithstanding subsection (A) above, the Hayes Valley Entertainment Zone shall not include any portion of the park known as Patricia’s Green, located on Octavia Boulevard between Hayes Street and Fell Street.

(ii) To the extent there is any inconsistency between the provisions of this Chapter 94B and the provisions of the Park Code applicable to Patricia’s Green, the Park Code shall control.

(iii) Any Management Plan for the Hayes Valley Entertainment Zone shall contain measures to address the impacts of entertainment zone events on Patricia’s Green, including but not limited to alcohol consumption in and around the playground area, sanitation, and security. Before adopting such a Management Plan, OEWD shall obtain approval from the Recreation and Park Department regarding the provisions of the Management Plan that relate to impacts on Patricia’s Green.

l contain measures to address the impacts of entertainment zone events on Patricia’s Green, including but not limited to alcohol consumption in and around the playground area, sanitation, and security. Before adopting such a Management Plan, OEWD shall obtain approval from the Recreation and Park Department regarding the provisions of the Management Plan that relate to impacts on Patricia’s Green.

(C) Notwithstanding subsection (c) of this Section 94B.4, if an Entertainment Zone Event within the Hayes Valley Entertainment Zone does not involve the closure of a public street, it need not receive a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(c) Except as otherwise specified in this Section 94B.4, an Entertainment Zone Event must take place in conjunction with a permit for the use of a public street under Transportation Code Division I, Section 6.6 or 6.16 or Transportation Code Division II, Section 206, or other applicable authority of the SFMTA.

(d) Outdoor consumption of alcoholic beverages within an Entertainment Zone is authorized during any Entertainment Zone Event on any day of the year between the hours of noon and 11:59 p.m., inclusive, subject to any additional limitations imposed by any ABC permit or license and by the Management Plan, or if none, the Downtown Activation Permit, for the Entertainment Zone, including but not limited to more restrictive days and hours during which outdoor consumption of alcoholic beverages is authorized.

(e) A Downtown Activation Permit is not required to hold an Entertainment Zone Event.

(Added by Ord. 165-24, File No. 240475, App. 7/3/2024, Eff. 8/3/2024; amended by Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024; Ord. 246-24, File No. 240843, App. 10/24/2024, Eff. 11/24/2024; Ord. 9-25, File No. 241197, App. 2/7/2025, Eff. 3/10/2025; Ord. 50-25, File No. 250126, App. 4/25/2025, Eff. 5/26/2025; Ord. 71-25, File No. 250348, App. 5/16/2025, Eff. 6/16/2025; Ord. 100-25, File No. 250421, App. 6/27/2025, Eff. 7/28/2025)

CODIFICATION NOTE

1. So in Ord. 71-25 and Ord. 100-25. There is no subsection (b)(5).