HomeMy WebLinkAboutStaff Report 2405-3093CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, June 17, 2024
Council Chambers & Hybrid
4:00 PM
Agenda Item
16.Adopt a Resolution to Allow Consumption of Alcohol under PAMC section 9.04.010 on
California Avenue in Conjunction with the 3rd Thursday Event
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: June 17, 2024
Report #:2405-3093
TITLE
Adopt a Resolution to Allow Consumption of Alcohol under PAMC section 9.04.010 through
December 31, 2024 in Conjunction with the 3rd Thursday Event on California Avenue; CEQA
status - categorically exempt.
RECOMMENDATION
Staff recommends that the City Council Adopt a Resolution to Allow Consumption of Alcohol
under PAMC section 9.04.010 on California Avenue in Conjunction with the 3rd Thursday Event
for a pilot period through December 31, 2024.
BACKGROUND
Following the success of events like the Art and Wine Festival Ave and as proposed by 3rd
Thursday, the City Council expressed interest in exploring the opportunities to allow open containers of
alcohol (open container) on the car-free street portion of California Avenue during the 3rd Thursday
event. Staff has researched options for how this could be implemented and consulted with stakeholders
including the State of California’s Department of Alcoholic Beverage Control (ABC).
ANALYSIS
Through research and conversations with stakeholders, staff has identified two main options for how
Council’s interest to allow open containers during 3rd Thursday could be addressed.
1) A special event permit (such as that obtained by the Palo Alto Art and Wine Festival)
2) A resolution to allow open containers passed by the City Council
At this time, the 3rd Thursday organizers are able to assemble the bands and a themed element for each
month but are unable to organize a more structured special event on a monthly basis. A monthly event
like the art and wine festival would involve hiring their own security, ID check(s) for wristbands, and
other elements necessary for ABC compliance.
The alternative discussed with ABC was a resolution from the City Council to allow open containers
during specified dates and times. A resolution to allow open containers on during the 3rd Thursday event
(the 3rd Thursday of each month from June 2024 to December 2024) on the car-free street portion of
California Avenue from El Camino Real to Birch is attached for Council adoption. The resolution goes into
effect immediately, and would only allow open containers on the days of 3rd Thursday events, only from
4 PM – 10 PM, and only on the car-free street portion of California Avenue from El Camino Real to Birch.
The resolution does not replace any requirements imposed by ABC for the sale of alcohol and all
vendors must still comply with the terms of their ABC permits. Through conversation with ABC, they
emphasized:
“Cocktails to go” are only permitted when done so in conjunction with meals. Licensees must
actually serve bona fide, legitimate meals to consumers removing alcoholic beverages from the
premises under the “cocktails to go” provision. Minimal food service that appears intended to
circumvent this requirement are prohibited. This also means that only businesses licensed as
restaurants (“bona fide eating places”) may exercise this privilege. Bars (or those licensed as
“public premises”) are not authorized.
Only distilled spirits and wine are authorized under the “cocktails to go” provision. Beer is not
authorized to be sold “to go” other than in manufacturer sealed containers.
It should be noted that while the Resolution addresses enforcement of alcoholic beverage
consumption within a defined geographic location and timeframe, it does not address alcohol
sales or transport. As such, the City will not regulate the source of any alcohol consumed
within the defined boundaries.
Staff will monitor the status of this effort through its implementation and will assess any
additional program needs or alterations for future discussion with the City Council.
FISCAL/RESOURCE IMPACT
No additional resources are necessary if the resolution is adopted.
STAKEHOLDER ENGAGEMENT
Staff has discussed this with representatives of California’s ABC, businesses along California
Avenue, and 3rd Thursday event representatives.
ENVIRONMENTAL REVIEW
This Resolution is categorically exempt under CEQA Guidelines Sections 15301 (existing
facilities); 15304(e) (minor temporary use of land having negligible or no permanent effects on
the environment); 15305 (minor alterations in land use limitations); and 15323 (normal
operations of facilities for public gatherings).
ATTACHMENTS
Attachment A: Resolution Authorizing Consumption of Alcoholic Beverages under PAMC
9.04.010 for Third Thursdays for a Pilot Period
APPROVED BY:
Ed Shikada
NOT YET APPROVED
1
Resolution No. _____
Resolution of the Council of the City of Palo Alto to Authorize
Consumption of Alcoholic Beverages under PAMC 9.04.010 for Third
Thursdays on California Avenue
R E C I T A L S
A. Palo Alto Municipal Code (PAMC) section 9.04.010 makes it unlawful to consume any
alcoholic beverage upon any street, sidewalk, highway or alley except as may be authorized
by the City Council.
B. Through this Resolution, the City Council desires to authorize such consumption in
conjunction with the Third Thursday street festival event on the section of California Avenue
currently closed to vehicular traffic.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City Council hereby authorizes the consumption of alcoholic beverages
under PAMC section 9.04.010 upon the section of California Avenue between El Camino Real and
Birch Street (the ‘designated area’) between the hours of 4:00 pm to 10:00 pm on the following
days in 2024:
6/20
7/18
8/15
9/19
10/17
11/21
12/19.
SECTION 2. This authorization is subject to any conditions, regulations, or limits imposed
by the City through its City Manager, any City Department, or any relevant law, permit, or
condition. The City Manager may promulgate regulations of such consumption in order to ensure
public safety, health, and welfare, including but not limited to regulations regarding staffing,
security and law enforcement requirements, refuse/trash/recycling, and bathrooms. The City
Manager is authorized to further limit the designated area and time duration than that allowed
in Section 1 if necessary to ensure public safety, health, and welfare.
SECTION 3. This Resolution’s authority is limited to that which is granted under PAMC
9.04.010. It does not curtail or supersede any other applicable law, permit, or condition. It does
not limit the ability of the City to issue or enforce any permit conditions that limit or forbid alcohol
sales or consumption in the designated area under other laws or regulations. It does not create
any right or vested interest in any person or business to sell alcoholic beverages. This Resolution
shall not be interpreted to conflict with any state law, regulation, or permit condition imposed
by the State of California’s Department of Alcoholic Beverage Control.
NOT YET APPROVED
2
SECTION 4. Environmental Review. The Council finds that this Resolution is categorically
exempt under CEQA Guidelines Sections 15301 (existing facilities); 15304(e) (minor temporary
use of land having negligible or no permanent effects on the environment); 15305 (minor
alterations in land use limitations); and 15323 (normal operations of facilities for public
gatherings).
SECTION 5. Effective Date and Sunset. This Resolution shall be effective immediately
upon adoption and shall automatically sunset on the earlier of: (1) December 20, 2024 or (2) as
to any section of the designated area that becomes or is open to vehicular traffic.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager