AMENDED IN COMMITTEE
FILE NO. 251103
1/26/2026
ORDINANCE NO. 29-26
[Planning Code - Alcohol Sales in Movie Theaters]
Ordinance amending the Planning Code to authorize Moyie Theaters that also operate
as Bona Fide Eating Places to offer entertainment, cultural, artistic, dramatic, musical,
or leisure activities, performances or exhibitions:! and 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.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times ,\Tew RomEmf-imt.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. General Findings.
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 1
(a) Movie Theaters serve as community cornerstones and gathering spaces for the
arts, and in recent years, their operations have been threatened by shifting streaming habits,
the COVID-19 pandemic, and more. The theaters hit hardest by these tough economic
conditions are small, single-screen, and historic theaters throughout the city and state, many
of which were small businesses and have been forced to close.
(b) It is imperative that the City and County of San Francisco do all that we can to keep
these small neighborhood theaters in business by supporting their profitability and delivering
clear, transparent, and efficient permitting processes for any necessary restoration work. This
ordinance helps support the neighborhood theater operations by allowing them to provide on-
site beer, wine, and/or liquor sales for drinking on the premises, enabling them to more easily
generate added revenue from these sales.
(c) Critically, this ordinance continues to require these theaters to obtain an ABC
license and does not affect any businesses governed by Alcohol Restricted Use Districts
where controls exist to protect the health, safety, and welfare of these neighborhoods.
(d) By enacting this ordinance, San Francisco helps make it easier for small movie
theater businesses to continue to serve their local communities and the arts.
Section 2. Environmental Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 251103 and is incorporated herein by reference. The Board affirms
this determination.
(b) On January 15, 2026, the Planning Commission, in Resolution No. 21880, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 2
City's General Plan and eight priority policies of Planning Code Section 101.1. The Board
adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 251103, and is incorporated herein by reference.
(c)
Pursuant to Planning Code Section 302, this Board finds that these Planning
Code amendments will serve the public necessity, convenience, and welfare for the reasons
set forth in Planning Commission Resolution No.21880 and the Board incorporates such
reasons herein by reference. A copy of Planning Commission Resolution No.21880 is on file
with the Clerk of the Board of Supervisors in File No. 251103.
Section 3. Article 1 of the Planning Code is hereby amended by revising Section 102
as follows:
SEC. 102. DEFINITIONS.
* * * *
Bar. A Retail Sales and Service Use that provides on-site alcoholic beverage sales for
drinking on the premises, including bars serving beer, wine, and/or liquor to the customer
where no person under 21 years of age is admitted (with Alcoholic Beverage Control [ABC]
license types 23, 42, 48, or 61 ), drinking establishments serving beer where minors are
present (with ABC license types 40 or 60) in conjunction with other uses such as Mffli-ie.
Theat-ers Etl'ld General Entertainment, and bars serving wine operated by licensed winegrowers
(with ABC license type 02). Such businesses shall operate with the specified conditions in
Section 202.2(a). A non-profit theater that provides on-site alcoholic beverage sales only for
consumption by ticket-holding patrons on the premises, with ABC license type 64, shall not be
considered a Bar use. A music entertainment facility that is authorized to sell beer, wine, and
distilled spirits at retail for consumption on the premises, with ABC license type 90, shall not
be considered a Bar use.
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 3
* * * *
Bona Fide Eating Place. A place that is regularly and in a bona fide manner used and kept
open for the service of meals to guests for compensation and that has suitable kitchen
facilities connected therewith, containing conveniences for cooking of an assortment of foods
that may be required for ordinary meals.
* * * *
(c) Actual and substantial sales of meals are required, during the normal days and meal
hours that a bona fide public eating place is open, provided that "normal days of operation"
shall mean a minimum of five days a week and "normal hours" of operation for meal service
shall mean approximately 7:00 a.m. to 11 :00 a.m. if open for breakfast; 11 :00 a.m. to 2:00
p.m. if open for lunch; or 5:00 p.m. to 10:00 p.m. if open for dinner.
* * * *
(e) The establishment must secure significant revenue from food and non-alcoholic
beverage sales. Significant revenue from food and non-alcoholic beverage sales shall mean
either:
(1) A minimum of 51 % of the establishment's gross receipts shall be from food sales
prepared and sold to guests on the premises. Records of the establishment's gross receipts
shall be provided to the Department upon request; or
(2) Annual gross food and non-alcoholic beverage sales prepared and sold to guests on
the premises of at least $4,200 per occupant based on the premises' maximum occupant load
as determined and approved by the Fire Department and Department of Building Inspection.
Records of the establishment's gross sales shall be provided to the Department upon request.
The Zoning Administrator may adjust the amount of $4,200 per occupant each year, provided
that such adjustments are supported by specific financial and economic criteria, including but
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 4
not limited to a review of the restaurant market, costs, prices, profits, and loses, 1 and
recognizing the differences in sizes and types of establishments.
* * * *
(h) For a Movie Theater Use that only provides alcoholic beverage sales for on-site consumption
during the normal hours of operation of entertainment activities, paragraphs (c) and (e) do not apply,
but actual and substantial sales of meals are required during the normal hours of operation. For
purposes of this paragraph, the "normal hours of operation" shall include two hours prior to, and one
hour after, entertainment activities.
* * * *
Movie Theater. A Retail Entertainment, Arts and Recreation Use primarily designed and used
for the presentation offi!ms or motion pictures to an audience, and generally involving: (a) one or
more auditoriums, (b) ~seating oriented tovvards a screen, (c) professional proiection equipment,
and (d) one or more concession areas. A Movie Theater may additionally offer entertainment,
cultural, artistic, dramatic, musical, or leisure activities, performances. or exhibitions so long
as the premises obtains any necessary authorization from the Entertainment Commission. A
Movie Theater may provide beer, wine, and/or liquor sales for on-site consumption by ticketed
customers, as a minor and incidental use, so long as it operates as a Bona Fide Eating Place as defined
in Section 102 o[this Code. that displ-Elys motion picte1res, videos, slides, or closed circuit tele·,1ision
pictures. This use does not include an adult theater, which is regulated as an Adult Business.
Removal of a Movie Theater is subject to the controls in Section 202.4.
* * * *
Section 4. Article 7 of the Planning Code is hereby amended by revising Section 718
as follows:
SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 5
The Upper Fillmore Street Neighborhood Commercial District is situated in the south-
central portion of Pacific Heights. It runs north-south along Fillmore Street from Jackson to
Bush and extends west one block along California and Pine Streets. This medium-scaled,
multi-purpose commercial district provides convenience goods to its immediate neighborhood
as well as comparison shopping goods and services on a specialized basis to a wider trade
area. Commercial businesses are active during both day and evening and include a number
of bars, restaurants, specialty groceries, and specialty clothing stores.
The Upper Fillmore District controls are designed to protect the existing building
scale and promote new mixed-use development which is in character with adjacent buildings.
Building standards regulate large lot and use development and protect rear yards above the
ground story and at residential levels. Most commercial uses are permitted at the first two
stories of new buildings. Special controls are designed to preserve the existing equilibrium of
neighborhood-serving convenience and specialty commercial uses. In order to maintain
convenience stores and protect adjacent livability, additional bars (unless part of a restaurant)
and formula retail establishments are prohibited, and financial service uses are limited. In
order to promote continuous retail frontage, drive-up and most automobile uses are
prohibited.
Housing development in new buildings is encouraged above the second story.
Existing residential units are protected by limitations on demolitions and upper-story
conversions. Accessory Dwelling Units are permitted within the district pursuant to Section
207 .1 of this Code.
Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
[
[
Upper Fillmore Street NCO
-
-
~- -
-
-
--
--
~
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 6
NON-RESIDENTIAL STANDARDS AND USES
* * *
*
Controls by Story
1st
2nd
3rd+
* * * *
Entertainment, Arts and Recreation Use Category
* * * *
Movie Theater
§§ 102, 202.4
Pm
Pm
* * * *
(2) {Note detctcd.} A Movie Theater with no fewer than 150 fixed seats oriented to1Nard a
screen may additionally offer entertainment, cultural, artistic, dramatic, musical, or leisure
activities, performances, or exhibitions so long as the premises (i) obtains any necessary
authorization from the Entertainment Commission, and (ii) is primarily designed and used for
the presentation of films or motion pictures to an audience. In addition, such a Movie Theater
may serve beer and/or wine for on-site consumption by-to both ticketed and non-ticketed guests
customers as a minor and incidental use 1Nith an ABC license Type 41 so long as it operates as a
Bona Fide Eating Place as defined in Section 102 of this Code. A Movie Theater that complies with
these conditions is not subject to the non-residential use size limits in this Zoning Control Table or in
Section 121.2 ofthis Code.
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 7
Section 5. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl KRISTEN JENSEN
KRISTEN A. JENSEN
Deputy City Attorney
c:\users\kjensen\nd office echo\vault-oxewzz03\final amendments for introduction 4907-9637-9274 v.1.docx
Supervisors Sherrill; Chan
BOARD OF SUPERVISORS
Page 8
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
251103
Date Passed: February 24, 2026
Ordinance amending the Planning Code to authorize Movie Theaters that also operate as Bona Fide
Eating Places to offer entertainment, cultural, artistic, dramatic, musical, or leisure activities,
performances or exhibitions, and permit on-site wine, beer, and/or liquor, 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 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.
January 26, 2026 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
January 26, 2026 Land Use and Transportation Committee - CONTINUED AS AMENDED
February 09, 2026 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
February 10, 2026 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter,
Sherrill, Walton and Wong
February 24, 2026 Board of Supervisors - Fl NALLY PASSED
City and County of&m Fra11ci.ffo
Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter,
Sherrill, Walton and Wong
Page 1
Printed at 12: 18 pm 011 2/25/26
File No. 251103
ftL
City and County of San Francisco
Daniel Lurie
Mayor
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
2/24/2026 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
2 I 21 l Zl:>
Date Approved
Printed at I 2: 18 pm 011 2125/26
