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HomeMy WebLinkAboutItem 20 - Second Reading of Ordinance Amending Article VI (Stadium)Parks, Recreation, and Community Services www.santa-ana.org/parks-recreation Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Second Reading: Ordinance Amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code AGENDA TITLE Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field-Santa Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (6-0-1) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. RECOMMENDED ACTION 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West Field-Santa Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS-3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2- 743 - LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the August 20, 2024 City Council meeting, staff presented an ordinance amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code (SAMC). Under the current SAMC, only beer may be sold at Eddie West Field-Santa Ana Stadium for an event deemed an “adult event” with the express written permission of the Executive Director of the Parks, Recreation, and Community Services Agency (PRCSA). After discussion, the City Council asked for the proposed ordinance to be amended to strike the term “adult event” from the ordinance language. Second Reading: Ordinance Amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code September 17, 2024 Page 2 2 The proposed amendment to the SAMC would allow for the sale and consumption of “alcoholic beverages” as defined by the California Businesses & Professions (CB&P) Code Section 23004 (Exhibit 3) with the expressed written consent of the City Manager or designee for events. This would include beer, wine, and distilled spirits. The City Council approved the first reading of the proposed ordinance, as amended, by a vote of 6-0-1 (Councilmember Lopez absent). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The requested ordinance amendment would allow for wine and distilled spirits, in addition to the existing permissible sale of beer, to be sold at the existing stadium facilities, and no physical construction is required nor necessary to accommodate the proposed SAMC text changes. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance (Redline for Second Reading) 2. Ordinance (Final) 3. California Businesses and Professions Code Section 23004 Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Alvaro Nuñez, City Manager Ordinance No. NS-XXX Page 1 of 5 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2-743 - LIQUOR WHEREAS, the City of Santa Ana’s Parks, Recreation and Community Services Agency (“PRCSA”) operates the Eddie West Field-Santa Ana Stadium (“Stadium”), which hosts a variety of practices, games, and events for local athletic groups, ranging from youth to adult teams, as well as special events such as concerts, rodeos, and boxing matches; and WHEREAS, Chapter 2, Article VI, Section 2-743 of the Santa Ana Municipal Code (“SAMC”) currently prohibits the sale and consumption of intoxicating liquor at the Stadium with the exception of beer upon express written consent by the Executive Director of PRCSA; and WHEREAS, California Business and Professions Code Section 23004 establishes a robust definition of “alcoholic beverage”; and WHEREAS, the proposed amendment to the SAMC would allow for the sale and consumption of "alcoholic beverages," as defined by the California Businesses & Professions Code Section 23004, with the express written consent of the City Manager or their designee, for events deemed "adult events" where the predominant age of the audience can reasonably be expected to exceed twenty-one (21) years, thereby including beer, wine, and distilled spirits; and WHEREAS, concert venues, temporary outdoor activities, and special events throughout Santa Ana already allow for a variety in the sale of alcohol, in conformance with SAMC and Alcoholic Beverage Control (ABC) state laws and established parameters; and WHEREAS, this amendment would position Eddie West Field-Santa Ana Stadium competitively with other venues in the City by allowing expanded alcohol sales, thereby attracting revenue-generating events, and providing a safe and appealing economic development opportunity; and WHEREAS, expanding alcohol sales at "adult events" at the stadium has the potential to boost revenue through increased concession sales, enhance the experience for attendees, and support local businesses by driving more traffic to nearby establishments before and after events; and Ordinance No. NS-XXX Page 2 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Chapter 2 of the SAMC (Administration), Article VI (Stadium), Section 2-743 - Liquor is hereby amended to read as follows. Sec. 2-743. Liquor Alcoholic Beverages. No intoxicating liquor alcoholic beverages, as defined in California Business and Professions Code Section 23004, shall be sold or consumed upon the premises known as Eddie West Field-Santa Ana Stadium except with the express written consent of the executive director of cultural, recreation and community services City Manager, or their designee, for adult events. The executive director of cultural, recreation and community services may grant such consent, but only for the sale and consumption of beer for adult events. An event may be deemed an "adult event" if the predominate age of the audience can reasonably be expected to exceed twenty-one (21) years. The application and review process shall be in accordance with a policy established by the City Manager. No consent shall be given whenever: (1) The sponsor of the event does not desire the sale and consumption of beer at the event; or (2) The event is sponsored by any school; or (3) The event is in the nature of a youth event, including, but not limited to, concerts and youth athletic events where the predominate audience age is less than twenty-one years or the predominate age of athletes and other participants is less than twenty-one (21) years. For purposes of this section, the term "school" is defined to be an educational institution from the level of community college downward. Any university or four-year college, state or private, where the predominate campus population may reasonably be expected to exceed twenty-one (21) years, which has been proven to attract large numbers of alumni and public over the age of twenty-one (21) as attendees to its sponsored function(s), and which specifically makes written request for the sales of beer to the executive director of cultural, recreation and community services, shall be considered exempt from the provision of subparagraphs (2) and (3), above, and shall assume the same status as any other "adult event" under this section. Section 4. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or Ordinance No. NS-XXX Page 3 of 5 former use. The project proposes to allow the sales of alcoholic beverages with express written consent of the City Manager, or their designee, at an existing facility that, currently, may sell beer with the express written consent of the Executive Director of Parks, Recreation and Community Services, with negligible or no expansion of the existing use proposed. As such, a Notice of Exemption, Environmental Review No. 2024-XX, will be filed for this project. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2024. _________________________ Valerie Amezcua Mayor Ordinance No. NS-XXX Page 4 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ Ordinance No. NS-XXX Page 5 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ City Clerk City of Santa Ana Ordinance No. NS-XXX Page 1 of 4 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2-743 - LIQUOR WHEREAS, the City of Santa Ana’s Parks, Recreation and Community Services Agency (“PRCSA”) operates the Eddie West Field-Santa Ana Stadium (“Stadium”), which hosts a variety of practices, games, and events for local athletic groups, ranging fr om youth to adult teams, as well as special events such as concerts, rodeos, and boxing matches; and WHEREAS, Chapter 2, Article VI, Section 2-743 of the Santa Ana Municipal Code (“SAMC”) currently prohibits the sale and consumption of intoxicating liquor at the Stadium with the exception of beer upon express written consent by the Executive Director of PRCSA; and WHEREAS, California Business and Professions Code Section 23004 establishes a robust definition of “alcoholic beverage”; and WHEREAS, the proposed amendment to the SAMC would allow for the sale and consumption of "alcoholic beverages," as defined by the California Businesses & Professions Code Section 23004, with the express written consent of the City Manager or their designee, thereby including beer, wine, and distilled spirits; and WHEREAS, concert venues, temporary outdoor activities, and special events throughout Santa Ana already allow for a variety in the sale of alcohol, in conformance with SAMC and Alcoholic Beverage Control (ABC) state laws and established parameters; and WHEREAS, this amendment would position Eddie West Field-Santa Ana Stadium competitively with other venues in the City by allowing expanded alcohol sales, thereby attracting revenue-generating events, and providing a safe and appealing economic development opportunity; and WHEREAS, expanding alcohol sales at the stadium has the potential to boost revenue through increased concession sales, enhance the experience for attendees, and support local businesses by driving more traffic to nearby establishments before and after events; and Ordinance No. NS-XXX Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Chapter 2 of the SAMC (Administration), Article VI (Stadium), Section 2-743 - Liquor is hereby amended to read as follows. Sec. 2-743. Alcoholic Beverages. No alcoholic beverages, as defined in California Business and Professions Code Section 23004, shall be sold or consumed upon the premises known as Eddie West Field-Santa Ana Stadium except with the express written consent of the City Manager, or their designee. The application and review process shall be in accordance with a policy established by the City Manager. Section 4. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the sales of alcoholic beverages with express written consent of the City Manager, or their designee, at an existing facility that, currently, may sell beer with the express written consent of the Executive Direc tor of Parks, Recreation and Community Services, with negligible or no expansion of the existing use proposed. As such, a Notice of Exemption, Environmental Review No. 2024 -XX, will be filed for this project. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. Ordinance No. NS-XXX Page 3 of 4 ADOPTED this _______ day of ___________, 2024. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ Ordinance No. NS-XXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ City Clerk City of Santa Ana State of California BUSINESS AND PROFESSIONS CODE Section 23004 23004. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1. (Amended by Stats. 2016, Ch. 778, Sec. 2. (SB 819) Effective January 1, 2017.) STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL