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 Section 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.
(Ord. No. 2811CCS, 5/13/2025)
For the purposes of this Chapter, the following definitions shall apply:
"ABC"
means the California Department of Alcoholic Beverage Control.
"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.
"Entertainment zone event"
means an event or activation which occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter and the Management Plan for the Entertainment Zone.
"Licensee"
means any person, business, or other entity duly licensed to sell alcoholic beverages.
"Management plan"
means a plan approved by the Community Development Department for the management and regulation of an Entertainment Zone.
Signs
within an entertainment zone related to entertainment zone events shall be considered "Special event signs" pursuant to Section 9.61.030.0510 for the purpose of Chapter 9.61 Signs, and in addition shall be exempt from Section 9.61.230 Signs on Street. Window or other signage visible from within the Entertainment Zone may advertise beer or alcohol so long as it is done in connection with an Entertainment Zone Event.
(Ord. No. 2811CCS, 5/13/2025)
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. 
Outdoor consumption of alcoholic beverages within the Third Street Promenade Entertainment Zone is authorized seven days a week between the hours of 8:00 a.m. and 2:00 a.m., so long as at least one licensee within the boundaries of the Entertainment Zone is permitted to sell alcoholic beverages during those hours for consumption on the premises. Hours of operation are subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Entertainment Zone.
3. 
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.
(Ord. No. 2811CCS, 5/13/2025)
A. 
All licensees and organizations sponsoring or selling alcoholic beverages within an Entertainment Zone 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.
7. 
To the extent anything in this Chapter is inconsistent with Chapter 9.31 of this code, the provisions of this Chapter shall control.
B. 
Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone, as set forth in SMMC Section 4.08.200 Drinking Upon Public Property, subject to any other restrictions imposed by State or local law.
C. 
All open alcoholic beverages 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.
D. 
No alcoholic beverages purchased at a participating licensed premises may leave the premises in an open glass or metal container.
E. 
Delivery of alcoholic beverages to consumers within the Entertainment Zone by a participating licensee or third party delivery service is prohibited unless the delivery is to a residential building or private business that is not a licensee.
(Ord. No. 2811CCS, 5/13/2025)
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:
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 twenty one years of age or older;
b. 
The Management Plan may include requirements not otherwise imposed by State or local law, but which are nonetheless enforceable pursuant to Section 6.43.060 of this Chapter;
c. 
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 within the Entertainment Zone shall provide to the Community Development Department a copy of the 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. In addition, participating licensees may be required to submit a participation agreement to the City notifying the City of their intent to participate in the Entertainment Zone.
(Ord. No. 2811CCS, 5/13/2025)
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 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.
(Ord. No. 2811CCS, 5/13/2025)
The City, in conjunction with local law enforcement, shall review the operation of each Entertainment Zone six months after its activation and 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.
(Ord. No. 2811CCS, 5/13/2025)
A. 
Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars 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 participating licensee who violates this Chapter may be subject to suspension or revocation of their right to participate in the Entertainment Zone. The City may promulgate administrative regulations to implement this Section.
D. 
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 agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.
(Ord. No. 2811CCS, 5/13/2025)