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HomeMy WebLinkAboutItem 27 - Ordinance Amending Chapter 31 SAMC Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 5, 2026 TOPIC: An Ordinance of the City Council of the City of Santa Ana Amending Chapter 31 of the Santa Ana Municipal Code AGENDA TITLE Ordinance Amending Municipal Code to Allow Permitted Users to Serve and Consume Beer, Wine, and Distilled Spirits at City Facilities and to Increase Permit Threshold Related to Picnics of Fifty (50) or More Persons RECOMMENDED ACTION 1. Approve first reading of an ordinance (Exhibit 1) amending Chapter 31 (Recreation, Parks and Playgrounds to allow for permitted users to serve and consume beer, wine, and distilled spirits at City facilities with the expressed written consent of the City Manager or designee and to increase permit threshold related to picnics to fifty (50) or more persons. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE 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 direction of City Council, staff reviewed the Santa Ana Municipal Code (SAMC) Chapter 31 to improve access and to develop a framework for reservations at City parks and facilities. Staff in the Parks, Recreation, and Community Services Agency (PRCSA) as well as in the Santa Ana Police Department, the City Attorney's Office, and the Risk Management Division determined that updating the SAMC to allow for alcohol service and consumption at City facilities and to increase permitting thresholds related to picnics from forty (40) to fifty (50) was feasible. Historically, the Santa Ana Municipal Code (SAMC) has restricted the possession, sale, and consumption of alcoholic beverages at City parks and recreation facilities, except An Ordinance of the City Council of the City of Santa Ana Amending Chapter 31 of the Santa Ana Municipal Code May 5, 2026 Page 2 where specifically authorized by City Council. Over time, limited amendments to Chapter 31 have been adopted to allow alcohol at select facilities or events when appropriate controls are in place. Most recently, in September 2024, City Council approved Ordinance No. NS-3069, authorizing the sale and consumption of beer, wine, and distilled spirits at Eddie West Stadium during permitted events. That amendment was successfully implemented and has since demonstrated that alcohol service can be responsibly managed at City facilities when supported by clear permit conditions, interdepartmental review, and enforcement standards. Building on that experience, staff evaluated opportunities to expand alcohol service to additional facilities through a consistent, regulated framework. The proposed ordinance amendment provides the authority to allow permitted events to serve and consume beer, wine, and distilled spirits at City owned facilities, subject to the written approval of the City Manager or designee. Staff will return to City Council with a Rental Facility Use Policy with an accompanying Resolution for City Council consideration. The Policy would implement the authority granted by the proposed Ordinance by establishing standardized, department-wide procedures for facility reservations with alcohol that clearly define rules, fees, and accountability measures. The proposed Ordinance would provide residents with accessible and competitive event venue options that are in alignment with industry standards. The draft Rental Facility Use Policy for future City Council consideration was developed in coordination with the Parks, Recreation, and Community Services Agency (PRCSA), City Attorney's Office, Santa Ana Police Department, and Risk Management Division to ensure compliance with state and local law, public safety requirements, and risk management best practices. Under the policy, alcohol would be permitted only through an approved reservation and subject to specific operational controls, including limits on service duration, designated service areas, age verification requirements, mandatory security staffing, insurance requirements, and compliance with Alcoholic Beverage Control (ABC) regulations. Events involving alcohol sales would be required to obtain an appropriate ABC license and those involving food service would be subject to review by the Orange County Health Care Agency (OCHCA). The policy would establish a single designated Responsible Party for each event who must be at least 21 years of age and be present for the duration of the event. The Responsible Party would be accountable for the conduct of all attendees, compliance with all policy requirements, and any damages or additional City costs incurred. Event reservations shall be processed on a first-come, first-served basis, with standardized timelines, payment deadlines, and fee structures applied in accordance with the annually adopted City of Santa Ana fee schedule. This approach improves clarity for users, ensures a consistent and equitable process for no-cost requests, and enhances administrative efficiency for staff. An Ordinance of the City Council of the City of Santa Ana Amending Chapter 31 of the Santa Ana Municipal Code May 5, 2026 Page 3 If the City Council approves the recommendation, the proposed Ordinance will return to City Council on May 19, 2026 for adoption and would become effective July 1, 2026. Adoption of the proposed Ordinance will facilitate the addition or adjustment of applicable fees within the City's fee schedule as part of the Fiscal Year 2026-2027 budget development process, with implementation effective July 2026. 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 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. Upon adoption of the ordinance's first reading, a Notice of Exemption will be filed for the project. FISCAL IMPACT The future additional fees charged for permitting events with service and consumption of beer, wine, and distilled spirits cannot be quantified at this time; and will be deposited into General Fund Revenue Account 01113002-57010. EXHIBIT(S) 1. Ordinance Amending Chapter 31 Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In September 2024, the City Council approved a community event to be held at Eddie West Stadium which included authorization for the consumption of alcoholic beverages. Following this event, City staff conducted research into expanding authorization for the consumption of beer, wine, and distilled spirits at City facilities with proper permitting. B. The Santa Ana Municipal Code ("SAMC") prohibits the service and consumption of alcoholic beverages in any City park (SAMC § 31-2.1). C. The SAMC prohibits the service and consumption of alcoholic beverages in any stadium or zoo, unless permitted by a contract approved by the city council (SAMC 31-2.). D. Allowing for the service and consumption of alcoholic beverages at permitted events would enhance the attractiveness and usability of City facilities for private and community events. Such authorization would offer residents a more affordable alternative to private venues while increasing competitiveness of the City's public facilities relative to those offered by neighboring jurisdictions currently permitting alcohol under regulated and controlled circumstances. E. The City has developed a Rental Facility Use Policy outlining specific requirements for events seeking to serve alcohol, including detailed procedures for obtaining the necessary permits, ensuring compliance with applicable laws and regulations, and promoting safe and appropriate use of City facilities. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to the California Environmental Quality Act ("CEQX) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Ordinance is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. Ordinance No. NS-XXX Page 1 of 3 Section 3. Section 31-2 (Prohibited Conduct)of Chapter 31 of the SAMC is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): The conduct described in sections 31-2.1 through 31-2.19 shall be prohibited within the exterior boundary lines of any public park unless specifically allowed through the issuance of a permit pursuant to the requirements of section 31-3. The conduct described in sections 31-2.1 through 31-2.19 shall be prohibited in the stadium or zoo, unless: (a) Approved pursuant to a contract adopted by City Council; or (b) In accordance with the City's Parks, Recreation and Community Services Agency's Rental Facility Use Policy, adopted by resolution of the City Council. Section 4. Section 31-2.1. (Alcohol and drunkenness) of Chapter 31 of the SAMC is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): (a) No person shall bring into, possess, consume or sell alcoholic beverages in a park or zoo, unless otherwise permitted in this Chapter (b) No intoxicated person shall enter, be or remain in any park, zoo or stadium. Section 5. Section 31-3 (Permits—Required) of Chapter 31 of the SAMC is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): No person in a park shall conduct, operate, present, manage or take part in any of the following activities, unless a permit is obtained prior to the start of the activity. (a) Any picnic, outing or gathering sponsored by any person and composed of fifty (50) or more persons. (b) Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event or any similar event. (c) Any use of any park facility by a certain person or group of persons to the exclusion of others. (d) Any use where alcohol is served or consumed in accordance with the City's Parks, Recreation and Community Services Agency's Rental Facility Use Policy, adopted by resolution of the City Council. 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 2 of 3 ADOPTED this day of 2026. Valerie Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Jonathan T. Martin z Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify that 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 3 of 3