Downes

I. FACTUAL AND PROCEDURAL OVERVIEW

A. BHG

BHG is a 30,000 square-foot outdoor venue featuring tiki bars, fire pits, cabanas, and tropical palms, with capacity to accommodate over 800 seated guests. BHG is located along the busy Mission Beach boardwalk, just behind Belmont Park. This area is a popular tourist attraction particularly during the summer months, when BHG is open seven days a week from about noon to sundown. In 2007, BHG was remodeled to include a “ ‘boardwalk-like’ walking surface surrounded by sand areas to create the unique atmosphere of an oceanfront restaurant and bar.” The boardwalk-like hard walking surface (the walkway) around the bar is formed with “3/4 [inch] ‘Trex’ plastic wood planks screwed to supports set in the sand.” The walkway “extends 36 [inches] out from the counter support wall”; the wall also supports a 9 1/2- inch bar counter overhang. The clear space between the edge of the bar counter to the end of the walkway is therefore 26 1/2 inches (i.e., 36 minus 9 1/2). Although the “pale cream” sand is nearly “flush” with the top level of the dark, maroon colored walkway, the sand is actually 8-inches deeper than the hard surface it abuts.

Given…