Temecula City Zoning Code
CHAPTER 17
09 ALCOHOL
§ 17.09.010 Purpose.
The purpose of this chapter is to establish the standards, conditions and requirements for establishments that serve, sell or otherwise provide alcoholic beverages. It is the intent of this chapter to provide predicable and consistent standards and operational requirements for such establishments to ensure compliance and preserve the high quality of life enjoyed by Temecula residents and businesses.
(Ord. 2024-05, 8/13/2024)
§ 17.09.020 Applicability.
The requirements of this chapter shall be applicable to all establishments that serve, sell, or otherwise provide alcohol. This chapter is applicable to all establishments that serve alcohol, regardless of the type of ABC License held by the establishment and include establishments subject to a Specific Plan, or Planned Development Overlay Zoning Districts.
The only exception to these requirements would be any establishment that has previously obtained and maintains in good order a Conditional Use Permit (CUP) that contains any alcohol related conditions that conflict with this chapter. This exception shall be narrow in scope and when a CUP does not address or minimally addresses a topic covered by this chapter, this chapter shall prevail.
(Ord. 2024-05, 8/13/2024)
§ 17.09.030 Definitions.
The definitions below shall have the following meanings, unless there is conflict with a superseding federal or state law, in which case the superseding definition shall be used.
is used as an acronym for the "California Department of Alcoholic Beverage Control," and shall be considered one and the same when used throughout this code and may be used interchangeably.
as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumption for an ABC on-premises licensee. This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes.
as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who does any of the following:
Checks customer identification for purposes of alcoholic beverage service;
Checks customer identification for purposes of entry to an ABC on-premises licensed establishment;
Takes customer alcoholic beverage orders;
Pours alcoholic beverages for customers; or
Delivers alcoholic beverages to customers.
means one alcohol serving containing 0.60 ounces of pure alcohol (ethanol). For example:
1.50 ounces of 80-proof distilled spirits (40% ABV - alcohol by volume) |
1.50 times 0.40 = .60 ounces of pure alcohol |
12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times 0.05 = 0.60 ounces of pure alcohol |
5 ounces of most wines (12% ABV - alcohol by volume) 5 times 0.12 = 0.60 ounces of pure alcohol |
as defined in Section 23004 of the Business and Professions Code, includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in Section 23003.1 of the Business and Professions Code.
means a written record of customers not permitted to enter the business due to the customer's bad behavior (for example, repeated incidents of being obviously intoxicated, assault and/or battery on staff or customers, and theft). The record shall include the incident date, a brief description of the reason for being banned, a description of the customer, length of ban (e.g., thirty days, sixty days, permanent), and the customer's name, if known.
means a documented compilation of cocktail recipes that includes the quantity of each ingredient and the number of alcohol servings, as defined above, in each cocktail, which determines each cocktail's potency. It includes, at a minimum, the recipes for the following:
means a record of customers who were cut-off from further alcohol service, and patrons not permitted in the business due to existing intoxication level. The record shall include the date of incident, a brief description for cut-off, a description of the customer, and the customer's name, if known.
means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by 0.60, and rounding the answer to the closest 10th. For example, an Adios recipe:
0.50 ounces of tequila that is 40% ABV (0.5 times 0.4 = 0.20) | = | 0.20 pure alcohol |
0.50 ounces of vodka that is 40% ABV (0.5 times 0.4 = 0.20) | = | 0.20 pure alcohol |
0.50 ounces of gin that is 40% ABV (0.5 times 0.4 = 0.20) | = | 0.20 pure alcohol |
0.50 ounces of rum that is 40% ABV (0.5 times 0.4 = 0.20) | = | 0.20 pure alcohol |
0.50 ounces of triple sec that is 15% ABV (0.5 times .15 = .075) | = | 0.075 pure alcohol |
The sum of pure alcohol | = | 0.875 |
Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest 10th = 1.5) | ||
means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to:
Dancing by patron(s) or staff to live or recorded music.
The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ."
The presentation of live music whether amplified or non-amplified.
The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.
Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public.
is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of operation, e.g., 9:00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log.
means a person who has consumed an excessive amount of alcoholic beverages resulting in the person becoming intoxicated.
means the excessive consumption of alcoholic beverages resulting in a person becoming intoxicated.
means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages.
means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment:
Hire or terminate employees;
Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;
Disburse funds of the business, except for the receipt of regularly replaced items of stock;
Make or participate in making policy decisions regarding operations of the establishment;
Holds keys to open and/or close the establishment.
means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of "manager" as defined in this chapter. In addition, the person must be:
An employee;
Certified in accordance with the responsible beverage service (RBS) training requirements in California Business and Professions Code Section 25683; and
Aware of all requirements in the Conditional Use Permit (CUP). Business License, ABC License, and all other permits or licenses required for the establishment to operate.
as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course, including sandwiches and salads that are substantial. A meal is not pre-packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees, or desserts.
means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non-permitted entertainment or dancing or extending hours of operation beyond the hours approved by the city.
means any loud, discordant, raucous or disagreeable sound.
means the "A" weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA.
shall mean any establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeably throughout this chapter.
shall mean a private establishment that provides meal service with alcoholic beverage sales for on-site consumption on a reservation basis only and is not considered a private or VIP room.
shall have the same definition as contained in Business and Professions Code Section 23550 as may be amended from time to time.
(Ord. 2024-05, 8/13/2024)
§ 17.09.040 Permit(s) required.
A.
California Department of Alcoholic Beverage Control.
1.
All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcoholic Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license, and the ABC approved site plan upon request of law enforcement or the city or, upon the request of the applicant after pre-compliance review.
2.
There is no exception to this requirement and businesses that operate in violation of this provision shall be subject to administrative and/or punitive action provided for in this code.
B.
Alcohol Sales Permitted by Right.
1.
Grocery stores, drug stores, specialty markets, and discount/department stores ("primary uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use requires a city of Temecula conditional use permit pursuant to another provision of this title.
2.
Restaurants are permitted to serve beer and wine (Typically a Type 41 ABC license) as a matter of right.
a.
Restaurants shall comply with the following:
i.
Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes.
C.
Land Use Requirements.
1.
A Conditional Use Permit (CUP) shall be required for all other ABC License Types except of a Type 41 and Type 90 ABC license.
2.
See Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts for zoning information.
3.
See Table 17.080.040A and/or 17.08.040B for Development Standards applicable to each zoning district.
4.
Areas subject to Specific Plans or similar zoning documents shall comply with those land use requirements. The operational requirements and conditions of this chapter are in addition to any such requirements of another zoning document.
D.
Hours.
1.
Alcohol sales shall cease each day at 11:59:59 p.m., except for class IV entertainment establishments where alcohol sales must cease at 10:59:59 p.m.
a.
Establishments that have a valid conditional use permit which allows alcoholic beverage sales beyond this time are exempt from this requirement. Expansion of such uses or similar is prohibited.
b.
No conditional use permit shall be issued with alcohol sales beyond this time.
c.
Conditional use permits that allow sales past 11:59:59 p.m. shall be required to amend their operational hours to the requirements of this section if they seek to modify their conditional use permit.
d.
Establishments shall close at 11:59:59 p.m. Employees may continue closing operations past this hour as required but no customers shall enter or remain on the premises past 11:59:59 p.m.
e.
Class IV entertainment establishments shall have last call at 11:29:59 p.m.
(Ord. 2024-05, 8/13/2024; Ord. 2025-12, 8/12/2025)
§ 17.09.050 Training required.
A.
All persons who serve alcohol within the city of Temecula shall comply with the following:
1.
Responsible Beverage Service Training. Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683.
2.
Verification of Responsible Beverage Service (RBS) Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. The licensee shall maintain records of certifications for inspection, upon request, by the Department of Alcoholic Beverage Control.
3.
Bartender Training and Cocktail Recipe List.
a.
Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List.
b.
The establishment shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer.
c.
The establishment shall retain a record of each bartender's Cocktail Recipe List training for a minimum of three years and said list shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender's ability to identify ingredients, price, and number of alcohol servings.
d.
Opening staff are required to be trained before final approval to open. New staff hired thereafter must be trained within thirty days of employment date (defined as when the employee signs a contract or completes tax identification documents).
4.
Any additional training requirements of the California Department of Alcoholic Beverage Control (ABC).
(Ord. 2024-05, 8/13/2024)
§ 17.09.060 Alcoholic beverage sales operational standards.
A.
Standards and Operational Requirements Generally.
1.
All establishments that sell alcohol, regardless of ABC Permit Type, shall comply with the following requirements and operational standards:
a.
Statement of Operations. The establishment shall comply with their statement of operations, on file with the planning division, unless a conflict exists between the statement of operations.
b.
Previous Conditions of Approval. If an establishment has a valid conditional use permit, all previous conditions of approval shall remain in full effect.
c.
Disorderly House. Establishments may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (i) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (ii) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot.
d.
Entertainment. Entertainment is prohibited unless the establishment is issued and maintains an entertainment license per Chapter 9.10 (Entertainment License) of this code. The entertainment license shall remain active, and the establishment shall maintain full compliance with its entertainment license conditions, and any other conditions required by any government agency whose permits or licenses are required for operation.
e.
Occupancy Load. The establishment shall not allow the number of occupants inside the premises building to exceed the establishment's maximum occupant load as determined by the certificate of occupancy.
f.
Inspections, Cooperation with Law Enforcement. Police officers, sheriff's deputies and alcoholic beverage control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises. Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer.
g.
ID Guide Manual. To aid in examining identification cards, the establishment shall obtain and use an up-to-date multi-state identification manual.
h.
Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated.
i.
Right to Cancel Event. The Temecula Police Department shall have the right to stop, cancel, or temporarily delay all or portions of any activities occurring at any event when police or public safety becomes a significant concern. This shall include all events even those that obtained a Temporary Use Permit (TUP) per Section 17.04.020 of this code.
j.
Responsibility for Costs Incurred. The establishment shall be responsible for any cost incurred by the Temecula Police Department if additional officers are required because of traffic problems or congestions, public disturbance or where the need for police presence is required.
k.
Maintenance of Real Property. The establishment shall permanently maintain the premises' real property in an orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within twenty feet of the premises.
l.
Graffiti. Graffiti on telecommunication towers, equipment, walls, or other structures shall be removed within seventy-two hours from the time of its occurrence.
m.
Signage Permits. A separate building permit shall be required for all signage. Signs shall comply with Chapter 17.28 (Sign Standards) of this code for the appropriate zoning district.
n.
Advertising. The establishment shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.
o.
Inspections. ABC agents and Riverside Sherriff's Office (RSO) shall be granted access to inspect the premises to include all office, storage, and any other areas not open to patrons.
p.
Ancillary use. For establishments with on-sale alcohol beverage sales that are not bona fide eating establishments, the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit.
B.
Standards for establishments that offer the sale alcohol for on-site consumption, regardless of ABC license type.
1.
Police, Security, Management Staff Meeting. Before opening, it is the responsibility of the establishment to contact the police to arrange and hold a ninety-minute meeting attended by all floor management levels, including bar, server, and security department leads.
2.
Food and Beverage Sales Documentation. The city shall have the right during business hours upon fifteen days' notice to inspect the books and records of the establishment to determine the gross sales of food and or the gross sales of alcoholic beverages. Establishment gives the right to the city to review the records of the State Board of equalization for the purpose of verifying the establishment's books and records with the understanding that these reviews are confidential.
3.
Postings Required. The following physical postings must be located in a conspicuous place, as follows:
a.
Manager on Duty Posting. During business hours, the establishment shall post the name of the staff member who is responsible for the business during that shift. The posting must be legible and visible to the public when entering the business. The responsible person must be:
i.
An employee.
ii.
Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683.
iii.
Aware of all requirements in the conditional use permit, certificate of occupancy entertainment license (as applicable), and ABC license.
b.
ABC License. The establishment shall display an approved ABC license, the associated conditions, and the approved site plan and provide a copy immediately upon request to city staff or law enforcement.
c.
Occupancy Posting. The establishment's maximum occupant load number shall be posted over the main exit. Additionally, occupancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy load.
d.
Conditions of Approval Posting. The establishment shall post any approved city of Temecula conditions of approval in a place readily visible and available for reading by the business' staff members.
e.
Overservice Posting at Main Entrance and Main Bar. The establishment of each licensed business shall maintain a clearly legible permanent sign, not less than seven inches by eleven inches in size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in height.
f.
Overservice Posting on Menu. The establishment of each on-sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated."
g.
Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the establishment shall, at all times, display a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: "Please respect our neighbors by exiting quietly and not loitering."
h.
Local Transportation Providers Posting. An eight and one-half inches by eleven inches (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090.
4.
Outside Lighting. The establishment shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one-foot candle of lighting throughout private parking lots and access areas serving the business. The establishment shall provide sufficient lighting during the hours of darkness to ensure customers have a clear, lighted path from the establishment to their vehicles. Said lighting shall be directed, positioned, and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than eight feet high shall be vandal resistant.
5.
Queuing Line. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entry. The establishment shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses.
6.
Private Club Rooms or Areas. No on-sale establishment shall maintain a room or designated area reserved for the exclusive use of designated persons or "private club members," unless the establishment has been issued a Duplicate On-Sale General License for Designated Persons under Business and Professions Code Section 24042(b). "Designated persons" means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beverages to "private club members" at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On-Sale General (Type 57) ABC license.
7.
Availability of Alcohol Service. ABC-licensed businesses open past 10:00 p.m. (Pacific Standard Time) shall adhere to the following:
8.
Discount Alcohol Pricing. No "happy hour" type of reduced pricing for alcoholic beverage shall be allowed after 8:00 p.m.
9.
Logs.
a.
Cut-Off Log. The establishment shall maintain a log of cut-off customers, as defined above. The establishment shall use the cut-off log during all hours of operation. The establishment shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request.
b.
Banned Customer Log. The establishment shall maintain a log of any banned customer, as defined above. The establishment shall provide the banned customer log to law enforcement and/or code enforcement, immediately upon request.
10.
Businesses selling alcoholic beverages that require a conditional use permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments).
C.
Specific Alcohol Regulations Based on Land Use. The land uses below may have specific impacts related to alcohol based on their proposed land uses, all items below shall be applicable to all land uses of the same or similar land use as determined by the director of community development.
1.
Establishments that provide entertainment subject to a class IV entertainment license per Chapter 9.10 (Entertainment License) shall be subject to the following conditions of approval upon issuance of such a license.
a.
Entertainment License. Each establishment shall be required to comply with the live entertainment license provisions contained within Chapter 9.10 (Entertainment License) in this code.
c.
Security. All private security shall be compliant with Chapter 9.11 (Regulation of Security Operators), in addition to the requirements of this chapter.
d.
Security.
i.
Security Surveillance System. The establishment shall:
(a)
Install and maintain a closed-circuit television (CCTV) system consisting of high-definition video technology, capable of saving recorded video for at least thirty days and saving a copy to a disc or flash drive.
(b)
Post a notice that video recording is in progress.
(c)
Document the needed steps to retrieve recorded information.
(d)
Ensure on-site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive.
(e)
Permit review of the recording by law enforcement immediately upon request.
(f)
Save an unedited or modified copy of any requested video and provide it immediately to law enforcement upon request.
(g)
Require all staff-customer disagreements, as feasible, to occur in a well-lit location being videotaped.
ii.
Security Personnel.
(a)
All security guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators).
(b)
Security Personnel Outside. As applicable, security personnel working outside shall wear a uniform in accordance with Temecula Municipal Code Section 9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the premises.
iii.
Private Security. If private security is utilized, the establishment shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed.
iv.
These items are in addition to all conditions of approval and all other requirements of this code or any other applicable state or federal law.
2.
Restaurant (Bona Fide Eating Establishment). Establishments selling beer and wine (ABC license Type 41), or beer, wine, and spirits (ABC license Type 47 or 48) must operate and maintain their licensed premises as a bona fide eating establishment and are subject to the following requirements:
a.
The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use.
b.
Establishment is presumed to be operating as a bona fide eating establishment if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. Establishment shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the city, or its designee, upon demand.
c.
A full menu shall be available for order during all hours that alcohol is served. The premises must offer sit-down service of meals.
d.
The premises where the establishment operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices.
3.
Legal Nonconforming Liquor Stores.
a.
Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming uses.
4.
Convenience Markets and Beer/Wine Markets.
a.
Only beer and wine may be sold, and only for off-site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre-mixed spirit cocktails are prohibited from being sold, gifted or consumed on-site.
b.
No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers.
c.
A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine.
5.
Gas Stations - Concurrent Sale of Motor Vehicle Fuel(s) and Alcoholic Beverages.
a.
To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code.
b.
In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel:
i.
No beer or wine shall be displayed within five feet of the cash register or building entrance.
ii.
No sale of alcoholic beverages shall be made from a drive-up window.
iii.
No display or sale of beer or wine shall be made from an ice tub or similar device or unit.
iv.
No beer or wine advertising shall be located on motor fuel islands.
v.
No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage.
vi.
No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage.
vii.
Only employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who are at least twenty-one years of age may sell alcoholic beverages.
viii.
Distilled spirits and pre-mixed spirit cocktails are prohibited.
6.
Alcoholic Beverage Manufacturing.
a.
Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations.
b.
All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.
c.
All businesses manufacturing alcoholic beverages shall obtain a business license with the city as set forth in Title 5 of the Temecula Municipal Code.
d.
Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula police department.
e.
An eight and one-half-inch by eleven-inch (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building.
f.
The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit.
g.
On-site alcohol sales shall be limited to product manufactured on-site.
h.
There shall be no admission fee, cover charge, nor minimum purchase required.
i.
The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.
j.
In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area.
k.
The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements.
l.
Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point."
m.
All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district.
n.
An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail.
o.
The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building.
p.
There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporary use permit.
q.
The number of persons shall not exceed the maximum occupancy load as determined by the certificate of occupancy signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room.
r.
The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence.
s.
Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code.
t.
A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises.
7.
Finding of Public Convenience or Necessity.
a.
Whether or not the proposed use is consistent with the general plan and development code;
b.
Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses;
c.
Whether or not the proposed use would have an adverse effect on adjacent land uses;
d.
Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.
8.
Class IV entertainment establishments (ABC Type 90). It is the intent and purpose of this section to allow a limited number of entertainment establishments within a limited area of the City though an annual administrative entertainment and business license.
a.
Number of Entertainment Establishments.
i.
The maximum number of entertainment establishments is one. This establishment shall be permitted by right within the Downtown Core District of the Old Town Specific Plan, as shown in Exhibit IV-1: Old Town Regulating Plan, provided the requirements of Section 9.10.125 and this section are met. No such establishments may operate elsewhere in the city.
c.
A city of Temecula live entertainment license (class IV) is required in accordance with Chapter 9.10 (Entertainment License). This license shall be applied for in conjunction with a business license specified above.
d.
Operational Requirements.
i.
Compliance with the requirements of Chapter 9.10 (Entertainment License) is mandatory. Pursuant to Section 9.10.090(A)(4), entertainment shall cease at 10:59:59.
ii.
Compliance with the standards specified in Chapter 17.09 (Alcohol) are mandatory, except as otherwise required by state law. Alcohol service shall cease at 11:59:59.
iii.
Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section 9.20.040 of this code.
iv.
The director of community development shall be notified in writing within ten business days of a business sale or transfer of such any business subject to this section.
v.
The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations.
vi.
Alcohol Sales Identification. All persons twenty-one years of age or older shall be provided a free wristband, such persons are required to wear said wristband for the duration of time on the premises. At a minimum the wristband shall:
(a)
Clearly state the time and date of the event;
(b)
Be tamper resistant;
(c)
Be highly visible or reflective;
(d)
Be a differing color for each consecutive show, with a minimum of seven different colors;
(e)
Persons under twenty-one years of age identified wearing a wristband in violation of this chapter shall be removed from the premises; and
(f)
This section does not eliminate or in any other way modify the requirements of an establishment to verify the age of patrons ordering alcohol.
(Ord. 2024-05, 8/13/2024)