Martinez Municipal Code Ch. 8.53 Entertainment Zones

The purpose of this Chapter is to establish a process by which to create Entertainment Zones within the City of Martinez, as authorized by California Business and Professions Code Sections 23039.5 and 25690 et seq., where people can purchase open container drinks (alcoholic drinks "to-go") from local bars, restaurants, wineries, breweries, and other food and beverage establishments and consume them outside in common areas and public spaces, such as public streets, avenues, alleys, thoroughfares, public rights-of-way, sidewalks in front of storefronts, plazas, and parks, during specified hours and events authorized by a special events permit.

(Ord. No. 1489, 8/19/2026)

Alcoholic Beverage.

An alcoholic beverage is a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and any other liquid or solid that contains one-half of one or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Entertainment Zone.

An "Entertainment Zone," as defined by California Business and Professions Code Section 23039.5, is the location where persons are authorized to consume one or more types of alcoholic beverages in common areas and public spaces, such as public streets, avenues, alleys, thoroughfares, public rights-of-way, sidewalks in front of storefronts, plazas, and parks, that are sold by a business or organization licensed by the California Department of Alcoholic Beverage Control.

Entertainment Zone Management Plan.

The "Entertainment Zone Management Plan" is the City's adopted framework that may be amended from time to time which specifies the regulations and guidelines for designated areas where individuals can purchase and consume alcoholic beverages.

(Ord. No. 1489, 8/19/2026)

A. No person, business, or organization shall conduct an Entertainment Zone event without:

1. A special event permit approved by the Community and Recreation Services Division.

2. A safety and security plan approved by the Police Department.

B. All businesses 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. California Department of Alcoholic Beverage Control license and permitting requirements;

2. California Business and Professions Code Sections 23357, 23358, and 23396;

3. Special event permit conditions and criteria for approval; and

4. Any applicable management plan approved by the City Council.

C. The Downtown Martinez Entertainment Zone may only be activated, after approval of a special event permit, for the following organizations ("special event permittee"):

1. Downtown Martinez and Co.;

2. Martinez Chamber of Commerce;

3. City of Martinez.

D. A person may possess an open container and consume an alcoholic beverage during an approved Entertainment Zone event within the boundaries of the Entertainment Zone event, provided it is purchased only from either:

1. A business or organization located within the Entertainment Zone that is authorized by the California Department of Alcohol and Beverage Control to permit consumers to leave the premises with open containers for consumption off the premises within the Entertainment Zone, under California Business and Professions Code Section 23357, 23358, or 23396; and/or

2. A person that is authorized by a California Department of Alcoholic Beverage Control license to sell alcoholic beverages within the Entertainment Zone.

E. No person shall possess or consume an alcoholic beverage within the Entertainment Zone unless the beverage is contained in the original cup or container provided by a participating establishment or authorized event organizer and approved for use within the Entertainment Zone. Alcoholic beverages may not be poured into or transferred to any other container within the Entertainment Zone.

(Ord. No. 1489, 8/19/2026)

The City Manager, Chief of Police, Community and Economic Development Director, and/or designees have the authority to issue administrative policies for the implementation of this Chapter and, upon establishing or modifying an Entertainment Zone, shall provide the following information to the California Department of Alcoholic Beverage Control:

A. A copy of the ordinance establishing or modifying the Entertainment Zone; and

B. A copy of the Entertainment Zone Management Plan which:

1. Establishes a procedure to identify individuals in possession of alcoholic beverages within the Entertainment Zone as being 21 years of age or older;

2. Specifies organizations and businesses that are permitted to activate the Entertainment Zone;

3. Includes a map or written description to identify the boundaries of the Entertainment Zone;

4. Establishes the types of alcoholic beverages and approved non-metal and non-glass containers permitted within the Entertainment Zone; and

5. Imposes requirements not otherwise imposed by state or local law, including additional requirements for hours of operation and other restrictions on time, place, and manner.

Any and all administrative policies shall be shared with the Mayor and City Council upon implementation.

(Ord. No. 1489, 8/19/2026)

The City hereby establishes the following location as an Entertainment Zone:

A. Downtown Martinez Entertainment Zone. All public streets, avenues, alleys, thoroughfares, public rights-of-way, sidewalks in front of storefronts, plazas, parks, and all establishments holding permits or licenses from the California Department of Alcoholic Beverage Control within Downtown Martinez as shown in Figure 8.53.050A:

(Ord. No. 1489, 8/19/2026)

An Entertainment Zone event shall occur within the maximum hours permitted by the following, whichever is most restrictive:

A. California Department of Alcoholic Beverage Control permit or license;

B. The Entertainment Zone Management Plan; or

C. The Special Event Permit.

(Ord. No. 1489, 8/19/2026)

Prior to the issuance of a special event permit for an Entertainment Zone event, the special event permittee and all participating businesses authorized to sell alcoholic beverages for off-premises consumption within the Entertainment Zone shall obtain and/or maintain insurance coverage in compliance with this Chapter, the approved management plan, and the conditions of the special event permit.

The special event permittee shall submit to the City evidence of commercial general liability and liquor liability insurance coverage for each event in an amount specified in the special event permit. Such coverage shall name the City, its officers, officials, agents, and volunteers as an additional insured.

All participating businesses authorized to sell alcoholic beverages for off-premises consumption within the Entertainment Zone shall maintain commercial general liability and liquor liability insurance coverage. Each participating business shall provide certificates of insurance and applicable endorsements naming both the special event permittee and the City, its officers, officials, employees, agents, and volunteers as additional insureds. Proof of such coverage shall be submitted to the special event permittee and made available to the City upon request.

(Ord. No. 1489, 8/19/2026)

Violation of this Chapter constitutes a misdemeanor, infraction, and/or public nuisance and is subject to enforcement under Chapter 1.12 (Enforcement), Chapter 1.13 (Nuisance Abatement), and/or Chapter 1.15 (Administrative Citations).

In addition to all other remedies or penalties available under this Code or any other laws, a violation of this Chapter shall be deemed a misdemeanor, provided in the discretion of the enforcing authority a violation may be charged and/or prosecuted as an infraction. In either case, violations shall be punishable as set forth by § 1.12.010.

(Ord. No. 1489, 8/19/2026)

The City, in consultation with local law enforcement, shall review the operation of the Entertainment Zone at least every two years following the adoption of the Entertainment Zone to ensure the Entertainment Zone is being maintained in a manner that protects the public health, safety, and general welfare. Any reports produced during the review shall be made available to the California Department of Alcoholic Beverage Control for review upon request.

(Ord. No. 1489, 8/19/2026)

In the event of conflicts occurring between Chapter 8.53 and other provisions of the Martinez Municipal Code, the more restrictive provision shall control unless expressly stated otherwise. State or federal law controls in case of conflict.

(Ord. No. 1489, 8/19/2026)