1 City Council Meeting: April 22, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6.43 AND AMENDING SECTION 4.08.200 TO
THE SANTA MONICA MUNICIPAL CODE RELATING TO THE ENTERTAINMENT
ZONE PILOT PROGRAM TO PROMOTE ECONOMIC RECOVERY
WHEREAS, the economic downturn starting with the COVID-19 pandemic, exacerbated by the recent Southern California wildfires, and continuing economic challenges nationwide, have had a devastating impact on Santa Monica’s restaurants, bars, and entertainment venues. Finding new ways to attract residents, workers, and visitors to our downtown and neighborhood commercial corridors will be critical to the continued recovery of our nightlife sector and our economy; and WHEREAS, across the country, numerous states, including Michigan, Ohio, North Carolina, and Kansas, have found success enlivening communities through the designation of areas where businesses may sell alcoholic beverages for consumption within public spaces adjacent to their licensed premises; and WHEREAS, in 2025, the State of California adopted Senate Bill 969, which authorizes cities and counties to create by ordinance Entertainment Zones to enable restaurants and bars to sell open containers of approved alcoholic beverages for consumption within the Entertainment Zone during special events; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
2 WHEREAS, the continued impact of the pandemic, along with the impacts of the recent California wildfires, have resulted in businesses, and particularly restaurants and entertainment venues, suffering significant economic hardships; and WHEREAS, allowing a one-year pilot program where people can buy open container drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in designated public spaces during certain hours for the purpose of creating active, commercial corridors, will stimulate economic recovery; and WHEREAS, this ordinance is presented for adoption as an emergency ordinance, to be introduced, adopted, and immediately effective upon its passage by at least five affirmative votes, pursuant to City Charter Section 615, to allow this ordinance to take effect immediately as there is an event prepared to go forward now for Pride Month, which will serve as a significant economic catalyst to the Third Street Promenade; and WHEREAS, immediate adoption of this ordinance will ensure the preservation of the public peace, health, safety, and general welfare in the City of Santa Monica; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists as a result of the current economic climate, and the proposed pilot program to stimulate economic recovery is necessary to protect the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 6.43 is hereby adopted to read as follows:
3 Chater 6.43 Entertainment Zone Pilot Program
6.43.010 Purpose
The purpose of this Chapter is to establish a process by which to create Entertainment Zones within the City of Santa Monica, as authorized by 23039.5 of the California Business and Professions Code, where people can buy open container drinks (alcoholic drinks “to-go”) from local bars, restaurants, wineries, and breweries and enjoy them outside in common spaces like plazas, sidewalks, and streets during certain hours for the purposes of creating active, commercial corridors, catalyze broader economic stimulus and ensure equitable program benefits while making Santa Monica a vibrant cultural hub.
6.43.020 Definitions
For the purposes of this Chapter, the following definitions shall apply:
(a) “ABC” means the California Department of Alcoholic Beverage Control. (b) “Entertainment Zone” has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time. (c) “Entertainment Zone Event” means a special event permitted by the City as such which occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter and within the hours permitted by this Chapter and the Management Plan for the Entertainment Zone.
(d) “Management Plan” means a plan approved by the Community Development Department for the management and regulation of an Entertainment Zone. (e) Signs related to Entertainment Zone events within the Entertainment Zone shall be considered “Special event signs” pursuant to Section 9.61.030.0510 for the purpose 4 of Chapter 9.61 Signs, and in addition shall be exempt from Section 9.61.230 Signs on Street.
6.43.030 Entertainment Zones
(a) Third Street Promenade Entertainment Zone
(1) All public streets, sidewalks, and public rights-of-way on Third Street between Wilshire Boulevard and Broadway are hereby designated as the Third Street Promenade Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.
(2) An Entertainment Zone Event within the Third Street Promenade Entertainment Zone that only proposes activating the Entertainment Zone’s open container/off-site alcohol sales within a single block or which will not otherwise impede vehicular access to east-west throughfares (Arizona Avenue or Santa Monica Boulevard) need not receive a permit for the use of a public street. (3) An Entertainment Zone Event within the Third Street Promenade Entertainment Zone that proposes to close the east-west thoroughfare(s) (Arizona Avenue or Santa Monica Boulevard) to vehicular traffic must receive a road closure permit from the Department of Transportation.
(4) Outdoor consumption of alcoholic beverages within the Third Street Promenade Entertainment Zone is authorized during an Entertainment Zone Event on any day of the year between the hours of 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Entertainment Zone.
5 (5) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Entertainment Zone.
6.43.040 Controls and Compliance with Laws
(a) All commercial entities and organizations sponsoring or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including but not limited to the following:
(1) All applicable ABC license and permitting requirements; (2) Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;
(3) All other laws governing the sale and consumption of alcoholic beverages and all permits and licenses issued pursuant thereto;
(4) Applicable road closure regulations and procedures; (5) Applicable Community Event laws, policies, and regulations; (6) Any applicable Administrative Regulations issued by the City pursuant to this Chapter, including conditions set forth in the Management Plan for the Entertainment Zone.
(b) Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone during an Entertainment Zone Event, as set forth in SMMC 4.08.200 Drinking Upon Public Property, subject to any other restrictions imposed by state or local law. 6 (c) All open alcoholic beverages consumed during an Entertainment Zone Event shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premise, or an organization that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.
6.43.050 Implementation
(a) Upon the establishment or modification of an Entertainment Zone, the Community Development Department is authorized to and shall do the following:
(1) In consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:
(A) A copy of the ordinance establishing or modifying the Entertainment Zone;
(B) information as may be necessary to identify the boundaries of the Entertainment Zone;
(C) the days and hours of operation of the Entertainment Zone; (D) the types of alcoholic beverages permitted within the Entertainment Zone;
(E) the approved non-glass and non-metal containers in which alcoholic beverages may be authorized; and
(2) Issue a Management Plan for the Entertainment Zone as follows:
7 (A) The Management Plan shall establish the process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being 21 years of age or older;
(B) The Management Plan shall require that any person or organization seeking a permit for an Entertainment Zone Event shall comply with the applicable conditions of that permit, including all insurance and hold harmless requirements. (C) The Management Plan may include requirements not otherwise imposed by state or local law, including but not limited to additional requirements for approved beverage containers, additional restrictions on the hours of operation for Entertainment Zone Events, number of events per year, and other time, place, and manner restrictions;
(D) Upon issuance or revision of a Management Plan, the Community Development Department shall transmit a copy of the Plan to ABC. (b) Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises during the Entertainment Zone event shall provide to the Community Development Department a copy of he notice provided to ABC under Section 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC.
6.43.060 Administrative Regulations
(a) The Director of the Community Development Department may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, application procedures, permit conditions and requirements, and health and 8 safety measures. The Director may revise these regulations from time to time as it deems appropriate. The Entertainment Zone Management Plan shall be considered an enforceable administrative regulation.
(b) No person shall fail to comply with the City’s administrative regulations.
6.43.070 Pilot Program Term
This Chapter shall terminate and be of no further force and effect as of April 30, 2026, unless otherwise extended or terminated earlier by the City at its discretion. If the program extends beyond the term of the initial pilot program, the City, in conjunction with local law enforcement, shall review the operation of each Entertainment Zone every two years following its adoption to ensure the Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. Any reports made during the review shall be made available to ABC upon request.
6.43.080 Enforcement
(a) Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable of a fine not exceeding $250, or a misdemeanor, which shall be punishable by a fine not exceeding $500 per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b) Any person who violates this Chapter, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter
1.09 and Chapter 1.10 of this Code.
(c) Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement 9 agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.
SECTION 2. Section 4.08.200 of the Santa Monica Municipal Code shall be amended as follows:
4.08.200 Drinking Upon Public Property
(a) No person shall drink any alcoholic beverage upon or within any public property including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and beaches. (b) No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or any seal broken, or the contents of which have been partially removed within any public park or beach. (c) This Section shall not apply to:
(1) Any person on public property occupied pursuant to a lease, permit or license from the City when such lease, permit or license permits the sale or consumption of such beverages;
(2) Any person in possession of an alcoholic beverage container for the purpose of recycling the container or other related activity. (3) Any person on public property designated as an Entertainment Zone authorized pursuant to Chapter 6.43 of this Code during the hours of a permitted Entertainment Zone Event when the beverage is within an event branded container and sold at one of the participating vendors in compliance with the regulations imposed by Chapter 6.43.
10 (d) Any person violating this Section shall be guilty of an infraction. Any person convicted of an infraction under this Section shall be punishably by a fine of not more than one hundred dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance 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 portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for reasons stated in the above recitals, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting, shall become effective immediately upon its adoption. 11 APPROVED AS TO FORM:
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Douglas Sloan, City Attorney