1 City Council Meeting April 14, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE TO PROVIDE
FOR ADDITIONAL REGULATIONS RELATED TO SITTING AND LYING IN THE
PUBLIC RIGHT-OF-WAY AND POSSESSION OF OPEN ALCOHOLIC BEVERAGE
CONTAINERS TO COORDINATE WITH THE ESTABLISHMENT OF
ENTERTAINMENT ZONES AND UPCOMING MAJOR EVENTS
WHEREAS, the economic downturn starting with the COVID-19 pandemic, exacerbated by the 2025 Southern California wildfires, and continuing economic challenges nationwide, has had a devastating impact on Santa Monica’s restaurants, bars, and entertainment venues; and
WHEREAS, finding new ways to attract residents, workers, and visitors to our downtown and neighborhood commercial corridors will be critical to the continued recovery of the City’s nightlife sector and 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 Entertainment Zones; and
2 WHEREAS, the continued impact of the pandemic, along with the impacts of the 2025 California wildfires, have resulted in businesses, and particularly restaurants and entertainment venues, suffering significant economic hardships; and WHEREAS, allowing people to 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, on May 13, 2025, the City Council adopted Ordinance No. 2811 (CCS) (“Ordinance No. 2811”), which added Santa Monica Municipal Code Chapter 6.44, Entertainment Zones, to allow for the establishment of Entertainment Zones within the city in accordance with State law; and
WHEREAS, Ordinance No. 2811 was the first Entertainment Zone Ordinance in Southern California and established an initial entertainment zone on the Third Street Promenade; and
WHEREAS, the City is anticipating establishing Entertainment Zones along commercially-zoned portions of Main Street and Montana Avenue; and WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, which will draw millions of visitors, concentrate international media attention, and generate significant economic activity across Southern California; and WHEREAS, on December 16, 2025, the City Council discussed the City’s participation in these upcoming events, beginning with activities on the Pier to support the FIFA World Cup in June and July 2026; a collaboration to produce a new music and 3 cultural festival series on Santa Monica beach in the Fall of 2026; a week of fan-focused programming and broadcast activity on the Pier as part of Super Bowl LXI, which is scheduled to return to SoFi Stadium in February 2027; and summer 2028, when the Olympic and Paralympic Games will bring global audiences, cultural festivals, and hospitality activations to venues throughout the region; and WHEREAS, public sidewalks are created and maintained for the primary purpose of enabling pedestrians to safely and efficiently move about from place to place; and WHEREAS, ensuring the free flow of pedestrian traffic on sidewalks promotes public safety by minimizing the risk that pedestrians will jostle one another, collide, trip, or fall, and ensuring that persons may move safely away from dangerous situations which may occur on or near public streets and sidewalks; and
WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to the safety of the elderly, the very young, the disabled, vision-impaired persons, and others who are less able to navigate through crowds and around obstacles or hazards and who are particularly jeopardized by having to navigate off and onto curbs when sidewalks are blocked; and
WHEREAS, paragraph (a) of Santa Monica Municipal Code Section 3.12.360, Obstructing, leaving or placing property on, or sitting or lying on public rights-of-way or public property, prohibits obstructing the public right-of-way by sitting and lying on public sidewalks within the Downtown and in the Third Street Promenade roadway; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan, which expanded the boundaries of the City’s Downtown; and 4 WHEREAS, like the Downtown, including the Promenade, Main Street and Montana are pedestrian-serving commercial districts with sustained high foot traffic; and WHEREAS, unlike the Promenade, because Main Street and Montana are not pedestrian malls, and obstruction of pedestrian access routes on these corridors increases the likelihood that pedestrians will divert into travel lanes, increasing exposure to vehicular conflict; and
WHEREAS, according to the City’s adopted Pedestrian Action Plan, the sidewalk segments along these corridors are both significantly less than the minimum width to accommodate heavy pedestrian volumes; and
WHEREAS, amending Section 3.12.360(a) to include the Downtown as defined by the Downtown Community Plan and the commercially-zoned portions of Montana Ave and Main Street will maintain ADA compliant access, preserve pedestrian throughput capacity, align with the upcoming establishment of Entertainment Zones, and protect the public’s safety; and
WHEREAS, the City wishes to further amend Section 3.12.360 to confirm that its provisions are not enforced against individuals who are merely sitting or lying who are not impeding the flow of traffic and to make other minor amendments for consistency with other provisions of the Municipal Code, including deleting references that no longer exist; and
WHEREAS, California Business and Professions Code Section 25620 prohibits possession of open alcoholic beverage containers within public parks, public recreational areas, and other public places owned by a city or county, if the city or county enacts local legislation enabling the enforcement of Section 25620 within its jurisdiction; and 5 WHEREAS, Section 25620 has been an important law enforcement tool for combating public intoxication; and
WHEREAS, City police officers and park rangers regularly contact persons carrying open containers while on public property; and
WHEREAS, persons carrying open containers inevitably drink from them while on public property, potentially leading to public intoxication and endangering the health and safety of the intoxicated person and the public at large; and WHEREAS, the prohibition against possession of open alcoholic beverage containers set forth in Santa Monica Municipal Code Section 4.08.200(b) is limited to the City’s public parks or beach; and
WHEREAS, Section 4.08.200 provides for exemptions for areas covered by a Cityissued license, permit or lease, and for persons carrying open containers to a recycling location; and
WHEREAS, extending the prohibition against possession against open alcoholic beverage containers to areas upon or within any public property, including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and beaches while expanding exemptions under 4.08.200 to include areas located within an Entertainment Zone will align with the provisions of state law while furthering the success of Entertainment Zones throughout the City. 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.12.360 is hereby amended to read as follows:
3.12.360 Obstructing, leaving or placing property on, or sitting or lying on public rights-of-way or public property.
a. Sitting or Lying on Certain Public Sidewalks or In the Third Street Promenade Roadway.
1. The provisions of this paragraph shall apply to the following areas located within the City:
A. Downtown, consisting of the area bounded by and including the west side of Ocean Avenue, the north side of Wilshire Boulevard, the east side of Lincoln Boulevard, and the south side of Pico Boulevard;
B. Main Street from between Colorado Avenue and the City Limits at Dewey Street; and
C. Montana Avenue between 6th Street and 17th Street.
2. During the hours between six a.m. and one a.m., no person shall:
A. Sit or lie down upon a public sidewalk or on the Third Street Promenade roadway in a manner that impedes or obstructs pedestrian or vehicular traffic or access to any building, outdoor use area or facility; B. Sit or lie down upon a blanket, chair, stool, bench or any other object placed or installed on a public sidewalk in a manner that impedes or obstructs 7 pedestrian or vehicular traffic or access to any building, outdoor use area or facility; or
C. Sit, stand, lie down upon or otherwise be present upon any planting, railing, topiary or statue placed upon or installed.
3. The prohibition contained in this Section shall not apply to any person:
A. Sitting or lying down on a public sidewalk or the Third Street Promenade roadway due to a medical emergency;
B. Utilizing a wheelchair, walker or similar device to move about the public sidewalk or the Third Street Promenade roadway as the result of a disability; C. Sitting while operating or patronizing a commercial establishment or business conducted on the public sidewalk or Third Street Promenade roadway pursuant to a street use permit, license or other City-issued authorization; D. Sitting while participating in or attending a parade, festival, rally, demonstration, meeting or similar special event lawfully conducted pursuant to a City-issued permit or license on the public sidewalk or Third Street Promenade roadway;
E. Sitting on a bollard, chair or bench located on the public sidewalk or Third Street Promenade roadway and which is supplied or authorized by a public agency;
F. Sitting on a ledge, step or other masonry surface which borders the fountains or topiary planters on the public sidewalk or Third Street Promenade roadway;
8 G. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation; or
H. Giving a street performance pursuant to a permit issued by the City. b. Except as otherwise permitted by this Code or City contract, no person shall upon any public sidewalk, street, right-of-way, streetscape, public building, or other public facility:
1. Leave any property or other item unattended for a period of longer than ten minutes;
2. Place any property or other item(s) unless the item(s) can promptly and safely be transported or removed all at once within three minutes. c. No person shall block or obstruct any public sidewalk so that less than a four-foot contiguous sidewalk width is kept clear for pedestrian passage at all times.
1. Conduct prohibited by this subsection includes, but is not limited to, blocking or obstructions caused by:
A. Placing any property, material, or other item upon any public sidewalk; or
B. Sitting or lying down upon any public sidewalk; or
C. Sitting or lying down upon a blanket, chair, stool, bench or any other portable object placed on a public sidewalk; or
D. Performing sit-ups, push-ups, weight training or similar stationary exercise activity upon any public sidewalk.
2. The prohibitions contained in this subsection shall not apply to any person:
9 A. Sitting or lying on a public sidewalk due to a medical emergency or as permitted by Federal, State or local law; or
B. Sitting or lying on a public sidewalk while participating in or attending a parade, festival, rally, demonstration, meeting or activity lawfully conducted pursuant to a City-issued permit or license on the public sidewalk; or C. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.
d. No person shall place any device on a public sidewalk for displaying or distributing goods, written materials, merchandise, food, or any other item except a portable table or cart which is utilized in accordance with the following criteria:
1. The table or cart shall be located:
A. At least ten feet from the outer edge of any entrance of any business, including, but not limited to, doors, vestibules, driveways, outdoor dining area entries, and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business on those premises;
B. At least ten feet from any bus stop;
C. At least ten feet from any street corner or a marked pedestrian crosswalk;
D. So that a curb cut is not blocked or obstructed.
2. The table or cart shall not be larger than four feet in width by four feet in length by three feet in height.
10 3. No structures shall be attached to the table or cart. No other structure may be used to display the items. The display area, including the table or cart, shall be maintained in a neat and presentable manner. None of the items shall be displayed in an area other than upon the table or cart, including, but not limited to, in display racks on the sidewalks or in the hanging of the items from a building or fence or other structure. Any boxes or accessory items shall be stored entirely beneath the table or cart and shall not be stored or piled alongside, of, behind, or in front of the table or cart. The items may be stacked on the table or cart, provided that each stack shall not exceed the height of twelve inches. Signs may be attached to the side of or on top of the table or cart. No signs may extend higher than the top of the table or cart and no signs may be affixed to City facilities.
The site shall be kept clean and all rubbish shall be deposited in proper receptacles regularly during the day and prior to departing the site each day. Two chairs may also be utilized. The chairs may be placed behind or next to (but not in front of) the table or cart.
4. No person shall utilize sandwich board signs (“A” frames), canopies, freestanding umbrellas, tents, and similar coverings unless such use is authorized by a street use permit, license, or other City-issued authorization.
5. The table, cart, and all the person’s other items shall be capable of being transported or removed at one time.
6. This Section shall not apply to vendors regulated by Chapter 6.36. e. No person shall block or obstruct vehicular access to or from any driveway.
1. Conduct prohibited by this Section includes, but is not limited to, blocking or obstructions caused by:
11 A. Placing any property, material, or other item upon any public sidewalk; or
B. Sitting or lying down upon any public sidewalk; or
C. Sitting or lying down upon a blanket, chair, stool, bench or any other object placed on a public sidewalk; or
D. Performing sit-ups, push-ups, weight training or similar stationary exercise activity upon any public sidewalk.
2. The prohibitions contained in this subsection shall not apply to any person sitting or lying on a public sidewalk due to a medical emergency.
3. This subsection neither applies to any vehicle that blocks or obstructs any driveway, nor prohibits enforcement of any other applicable law, including Vehicle Code Section 22651.
SECTION 2. Santa Monica Municipal Code Section 4.08.200, Drinking upon Public Property, is hereby amended to read 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 a seal broken, or the contents of which have been partially removed within any public property, including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and or beaches.
12 c. This Section shall not apply to:
1. Any person on public property located within an Entertainment Zone established by Santa Monica Municipal Code Chapter 6.44, Entertainment Zones in accordance with the rules and regulations of the applicable Entertainment Zone;
2. 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 and consumption of such beverages; or
3. Any person in possession of an alcoholic beverage container for the purpose of recycling the container or other related activity. d. Any person violating this Section shall be guilty of an infraction. Any person convicted of an infraction under this Section shall be punishable 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 13 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. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
City Attorney