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Item No.: 8.6
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY OF SAN
JOSE TO DESIGNATE SPECIFIED AREAS OF THE CITY
OF SAN JOSE AS A MAJOR EVENT ZONE TO PROHIBIT
CERTAIN ACTIVITIES ON PUBLIC PROPERTY
INCLUDING PEDDLING, DISTRIBUTION OF
MERCHANDISE, GOODS OR COUPONS FOR A
COMMERCIAL PURPOSE, AND THE SALE OF
COUNTERFEIT MERCHANDISE TO FACILITATE THE
OPTIMUM USE THESE AREAS IN CONJUNCTION WITH
THE MAJOR EVENTS AND RELATED ACTIVITIES
DURING THE FOLLOWING TIME PERIODS: BEGINNING
AT SIX O’CLOCK (6:00) A.M. ON FRIDAY JANUARY 23,
2026 THROUGH SIX O’CLOCK (6:00) P.M. ON TUESDAY
FEBRUARY 10, 2026 FOR NATIONAL FOOTBALL
LEAGUE SUPER BOWL LX; BEGINNING AT SIX
O’CLOCK (6:00) A.M. ON FRIDAY MARCH 13, 2026
THROUGH SIX O’CLOCK (6:00) P.M. ON TUESDAY
MARCH 31, 2026 FOR POTENTIAL NATIONAL
TECHNOLOGY CONFERENCE AND THE NATIONAL
COLLEGIATE ATHLETIC ASSOCIATION MEN’S
BASKETBALL WEST REGIONAL GAMES; AND
BEGINNING SIX O’CLOCK (6:00) A.M. ON FRIDAY JUNE
5, 2026 THROUGH SIX O’CLOCK (6:00) P.M. ON
SUNDAY JULY 21, 2026 FOR FEDERATION
INTERNATIONALE DE FOOTBALL ASSOCIATION
WORLD CUP 26
WHEREAS, the City of San José (“City”) anticipates several national and international destination events will be hosted in local venues and occupying San José hotels with each event attracting between 50,000 to 100,000 visitors with the potential of $350 million in estimated economic impact on the City and the State of California (“Major Events”); and
WHEREAS, these Major Events, including the National Football League (NFL) Super Bowl LX, a potential international technology conference, National Collegiate Athletic Association (NCAA) Men’s Basketball West Regional Games (“March Madness”), and NVF:RLT:CAG
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the Federation Internationale de Football Association (FIFA) World Cup 26, each have dates for the games or conference, and related events in February, March, June and July 2026, respectively; and
WHEREAS, San José will be a destination market with thousands of visitors, dignitaries, and media personnel anticipated to be in attendance, it is necessary that commercial activities within certain areas in and around events related to the Major Events within the City be regulated and controlled to provide for the public health, safety, and welfare of the participants and the general public so that the maximum benefits of all the Major Events and related events have to offer may be enjoyed by all; and
WHEREAS, each of the sport Major Events will bring in fans, visiting teams and host organizations to San Jose hotels including downtown San Jose Marriott, Signia by Hilton, Hilton, Doubletree, Hyatt Place, AC Marriott, Hotel De Anza, Residence Inn, the Hayes Mansion, and Hotel Valencia; and
WHEREAS, NFL Super Bowl is the 10th largest internationally viewed sporting event beginning with opening media day that could be hosted at the SAP Center offering related public activation opportunities to welcome team and fans to potential sites such as Plaza de Cesar Chavez, Convention Center, Civic Auditorium, California Theatre, Hammer Theatre, Arena Green, and San Pedro Square; and
WHEREAS, the SAP Center will serve as the practice and tournament site for the NCAA Men’s Basketball West Regional Games with proposed “Hoop It Up” community engagement events at San Pedro Square and other downtown sites; and
WHEREAS, FIFA World Cup is the most highly watched international sporting event, and six games will be held at Levi’s Stadium with practice venues at PayPal Park and NVF:RLT:CAG
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San Jose State University; and
WHEREAS, there are potential events such as official and unofficial community watch parties in locations like San Pedro Square or interested restaurants and venues, CityDance, a downtown concert series, and culinary, public and visual art exhibitions; and
WHEREAS, commercial activities conducted in proximity to the Major Events and related events would create congestion and unnecessarily increase the number of vehicles and pedestrians in the vicinity of Downtown San José, SAP, PayPal and San José State University’s Spartan Stadium, obstruct lines of sight, hinder security operations and interfere with emergency vehicle access; and
WHEREAS, City officials who have familiarity with traffic and public safety issues have similar concerns that Downtown San José and adjacent areas where the Major Events and related events are scheduled to occur could become overly congested by attracting congregations of temporary structures, outdoor sales, and distribution of merchandise; and
WHEREAS, the City Council desires to promote and protect good order, a pleasing aesthetic environment and the safety and convenience of drivers and pedestrians in and around the facilities relating to the Major Events and related events; and
WHEREAS, to that end, it is necessary to establish a Major Event Zone in areas within the City where Major Events and related events are scheduled to occur for the temporary time period and within the specified boundaries designated in this ordinance; and
WHEREAS, the City Council of the City of San José is the decision-making body for this NVF:RLT:CAG
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Ordinance; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under Public Project File No. PP17-011, Temporary special events resulting in no changes to the physical environment; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. That there is hereby established a Major Event Zone as follows:
A. BEGINNING at the place where Interstate 280 passes over California Route 87, thence running:
1. east by northeast along the southern edge of Interstate 280 to the place where Interstate 280 passes over South 6th Street; thence
2. north, along the eastern edge of South 6th Street to the intersection of the centerlines of South 6th Street and East San Salvador Street, thence
3. west, along the northern edge of East San Salvador Street to the centerlines of East San Salvador Street and South 4th Street, thence
4. east, along the southern edge of East San Fernando Street to the centerlines of East San Fernando Street and South 6th Street, thence
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5. north by northwest along the eastern edge of South 6th Street to the intersection of the centerlines of North 6th Street and East St. James Street, thence
6. west by southwest along the northern edge of East St. James Street, and continuing west by southwest along the northern edge of West Julian Street, to the intersection of the centerlines of West Julian Street and Stockton Avenue; thence
7. south along the western edge of Stockton Avenue, continuing south along the western edge of White Street and further continuing south along the Caltrain tracks to the intersection of the centerlines of the Caltrain tracks and Park Avenue; thence
8. east, and continuing northeast, along the southern edge of Park Avenue to the intersection of the centerlines of Park Avenue and Delmas Avenue; thence
9. south, and continuing southwest, along the western edge of Delmas Avenue to the place where Delmas Avenue ends at the entrance onto California Route 87; thence
10. south by southeast along the western edge of California Route 87 to the place where California Route 87 passes under Interstate 280 at the point and place of beginning.
B. BEGINNING at the intersection of the centerlines South 7th Street and East Humboldt Street, thence running:
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1. south along the western edge of South 7th Street to the intersection of the centerlines of South 7th Street and East Alma Avenue; thence
2. east, and continuing northeast, along the southern edge of East Alma Avenue to the intersection of the centerlines of East Alma Avenue and South 10th Street; thence
3. north, and continuing northwest, along the eastern edge of South 10th Street to the intersection of the centerlines of South 10th Street and East Humboldt Street; thence
4. west, and continuing southwest, along the northern edge of East Humboldt Street to centerlines of East Humboldt Street and South 7th Street at the point and place of beginning.
C. A map of the Major Event Zone is attached hereto as Exhibit A and available on file in the office of the City Clerk.
SECTION 2. The Major Event Zone defined in Section 1 shall have duration(s) beginning at six o’clock (6:00) a.m. on Friday January 23, 2026 through six o’clock (6:00) p.m. on Tuesday February 10, 2026 for National Football League Super Bowl LX; beginning at six o’clock (6:00) a.m. on Friday March 13, 2026 through six o’clock (6:00) p.m. on Tuesday March 31, 2026 for potential national technology conference and the National Collegiate Athletic Association Men’s Basketball West Regional Games; and beginning six o’clock (6:00) a.m. on Friday June 5, 2026 through six o’clock (6:00) p.m. on Sunday July 21, 2026 for Federation Internationale de Football Association World Cup 26.
SECTION 3.
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A. All approved location permits issued pursuant to Chapter 6.54 of the San José Municipal Code for approved locations within the Major Event Zone designated in Section 1 of this ordinance shall be suspended during the time period designated in Section 2 of this ordinance.
B. If any such permit holder peddles at the alternative approved location designated in the permit, the permit shall only be suspended in part, as applied to the primary approved location, and shall remain in full force and effect as applied to the alternative approved location, subject to Section of this ordinance.
SECTION 4. Any person holding an approved location permit issued pursuant to Chapter 6.54 of the San José Municipal Code within the Major Event Zone designated by Section 1 of this ordinance may peddle at any alternative approved location designated in his or her approved location permit in compliance with all terms and conditions of the permit, provided the alternative approved location is not within the Major Event Zone or within a special event boundary designated pursuant to Chapter
6.55 of the San José Municipal Code.
SECTION 5. It shall be unlawful for any person, including persons holding a peddler's permit issued pursuant to Chapter 6.54 of the San José Municipal Code, to peddle within the Major Event Zone designated by Section 1 of this ordinance during the time period designated in Section 2 of this ordinance.
A. Exemptions. This Section shall not apply to Mobile Unit peddlers, as defined in Chapter 6.54 of the San José Municipal Code, operating between the hours of 7:00 A.M. and 9:00 A.M. or 11:00 A.M. and 1:00 P.M. that have an agreement(s) with construction projects located within the Major Event Zone.
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SECTION 6. Pursuant to Section 13.20.010 of Chapter 13.20 of Title 13 of the San José Municipal Code, it shall be unlawful for a person to place any booth, table, chair, stool, object, structure, vehicle, or piece of equipment in any public area located within a Major Event Zone designated by Section 1 of this ordinance during the time period designated in Section 2 of this ordinance without the consent of the City.
SECTION 7. It shall be unlawful for any person, firm, association or corporation, directly or indirectly, to distribute upon any street, sidewalk or public right-of-way within the Major Event Zone, defined in Section 1, any free merchandise, free sample goods or coupons for the purpose of advertising any commodity, article, merchandise, business, meeting, entertainment or activity for a commercial purpose.
SECTION 8. It shall be unlawful for any person to intentionally sell, knowingly possess for sale, or distribute any illegal or counterfeit merchandise within the City of San José.
SECTION 9. Violation of this Ordinance shall be a misdemeanor. All remedies for violation of the San José Municipal Code set forth in Title 1 of said code shall apply to violations of this Ordinance, including, but not limited to the administrative citation provisions of Section 1.15.030. The amount of the administrative citation fine imposed for violation of this Ordinance shall be set forth in this Ordinance, not the amount set forth in the schedule of fines established by resolution of this Council adopted pursuant to Section 1.15.040A. For purposes of enforcement of Chapter 1.15 of Title 1 of the San José Municipal Code, the administrative citation fine amount for a violation of this Ordinance shall be as follows:
A. Violations of Section 5:
1. First Violation: $500.00
2. Second Violation:
(within 12 month period from date of first violation)
$1,500.00
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3. Third Violation:
(within 12 month period from date of first violation)
$1,500.00
B. Violations of Sections 6 and 8:
1. First Violation $1,000.00
2. Second Violation:
(within 12 month period from date of first violation)
$1,500.00
3. Third Violation:
(within 12 month period from date of first violation)
$2,000.00
SECTION 10. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of San José, and this ordinance shall not operate to repeal or affect any of such other ordinances, however, insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, the provisions and requirements in this ordinance control and apply over such conflicting provisions to the extent necessary to fulfill the requirements and purposes of this ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this ordinance adopted by the City Council of the City of San José is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of such ordinance. Each and every section, subsection, sentence, clause or phrase of any ordinance is severable from all other sections, subsections, sentences, clauses or phrases unless such ordinance contains a provision which states that the council would not have passed the remainder of such ordinance if it had known that any section, subsection, sentence, clause or phrase of the ordinance would subsequently be declared invalid or unconstitutional.
SECTION 12. The provisions of this Ordinance shall be in effect until July 22, 2026.
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PASSED FOR PUBLICATION of title this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
A-1
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EXHIBIT A
Major Event Zone