Ordinance amending the Planning Code to permit on-site wine, beer, and/or liquor sales in Movie Theaters that also operate as Bona Fide Eating Places, and make conforming changes in the Planning Code definitions of Bar and Bona Fide Eating Place uses; permitting certain Movie Theaters in the Upper Fillmore Neighborhood Commercial District to sell wine and/or beer and offer entertainment, cultural, artistic, dramatic, musical, or leisure activities, performances, or exhibitions without being subject to non-residential use size limits otherwise applicable in the District; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302.

This ordinance amends the Planning Code to allow movie theaters that also operate as "Bona Fide Eating Places" to sell wine, beer, and/or liquor for on-site consumption. It also makes conforming changes to the definitions of "Bar" and "Bona Fide Eating Place" uses.

Key Provisions:

• Alcohol Sales in Movie Theaters: Movie theaters can sell alcohol as a minor and incidental use if they obtain an appropriate Alcohol Beverage Control (ABC) license and operate as a Bona Fide Eating Place. This ordinance exempts them from certain strict meal sales and revenue requirements typically associated with Bona Fide Eating Places, provided they meet specific conditions related to entertainment hours.
• Upper Fillmore Neighborhood Commercial District: Certain movie theaters in this specific district (along Fillmore Street from Jackson to Bush, extending one block along California and Pine) can sell wine and/or beer. They can also offer additional entertainment, cultural, artistic, or leisure activities without being subject to the non-residential use size limits that normally apply in that district.
• Definitions: The definition of "Bar" is updated to clarify its scope, and "Bona Fide Eating Place" is revised to include movie theaters under specific conditions. The definition of "Movie Theater" is also updated to explicitly allow for on-site alcohol sales as a minor and incidental use.
• Environmental and General Plan Consistency: The ordinance affirms the Planning Department's determination under the California Environmental Quality Act (CEQA) and findings of consistency with the General Plan and eight priority policies. It also includes findings of public necessity, convenience, and welfare.
• Effective Date: The ordinance becomes effective 30 days after enactment.

This legislation aims to support the financial viability of neighborhood movie theaters by enabling them to generate additional revenue through alcohol sales and expanded entertainment offerings, particularly in the Upper Fillmore district.