A. Purpose. The purpose of this section is to establish standards for businesses engaged in alcoholic beverage sales uses as defined in Section 16.110.020 in order to protect the health, safety, and general welfare of the citizens of the city. This section will establish reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales uses within the city.
B. Applicability.
1. No person, association, partnership, or corporation shall conduct, establish or advertise any alcoholic beverage sales use in the city of Murrieta without first applying for and obtaining the required permit in accordance with the applicable zoning regulations of Title 16, Article II (Zoning Districts and Allowable Land Uses) and this Section 16.44.030, as identified in Tables 3-12.5 and 3-12.6, subject to the applicable use regulations contained in Sections 16.44.030D and E.
2. The following activities are exempt from the requirements of this section:
a. Any "special event" for which a permit has been issued by the city, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur.
b. Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.
C. Alcoholic Beverage Sales Use Permits.
1. Administrative Alcohol Use Permit. An administrative alcohol use permit shall be granted by the director for alcoholic beverage sales as an accessory use for only those uses provided in Table 3-12.5 below, provided the primary use is otherwise a permitted use in the applicable zone as indicated in Title 16, Article II (Zoning Districts and Allowable Uses). The administrative alcohol use permit shall be issued provided that applicant executes the permit accepting the requirements of the applicable use regulations in Section 16.44.030D and E as conditions of approval.
Primary Use | Applicable Alcohol Sales Use Regulations |
Primary Use | Applicable Alcohol Sales Use Regulations |
Amusement Center | 16.44.030.D, E8 |
Bowling Alley | 16.44.030.D, E8 |
Conference Center/Meeting Rooms | 16.44.030.D, E8 |
Day Spa/Salon | 16.44.030.D, E8 |
Delicatessen | 16.44.030.D, E6 |
Discount, Drug and Variety Stores | 16.44.030.D, E5 |
Florist | 16.44.030.D, E9 |
Grocery Stores | 16.44.030.D, E5 |
Hotel - Motel | 16.44.030.D, E8 |
Internet & Mail Order Sales | 16.44.030.D, E10 |
Restaurant | 16.44.030.D, E7 |
2. Minor Conditional Use Permit. A minor conditional use permit is required for any alcoholic beverage sales uses identified as "C" in any zoning table provided in Title 16, Article II (Zoning Districts and Allowable Uses) and for the uses indicated in Table 3-12.6. The minor conditional use permit application shall be submitted and reviewed in accordance with this Section 16.04.030 and Chapter 16.52 (Conditional Use Permits). The applicable use regulations of Section 16.44.030, as indicated in Table 3-12.6 shall apply and shall be added as conditions of approval of the minor conditional use permit. No minor conditional use as provided in Table 3-12.6 shall be located within six-hundred (600) feet of a K-12 public or private school within the Civic/Institutional designation.
Use | Applicable Use Regulations |
Bar/Nightclub/Dance Hall | 16.44.030.D, E1 |
Convenience Store | 16.44.030.D, E3 |
Liquor Stores | 16.44.030.D, E2 |
Membership/Private Club | 16.44.030.D, E5 |
Mini-Mart/Gas Station | 16.44.030.D, E3 |
Pool/Billiard Hall | 16.44.030.D, E8 |
Movie Theater | 16.44.030.D, E8 |
Tasting Facilities | 16.44.030.D, E4 |
Residential Wedding/Event Facilities | 16.44.030.D, E11 |
3. Conditional Use Permit. A conditional use permit approved by the planning commission is required for any use seeking a waiver, exception or substantial modification from one or more of the use regulations in Section 16.44.030D or Section 16.44.030E, or from the six-hundred (600) foot separation requirement of a minor conditional use. In order to allow a deviation from the required six-hundred (600) foot separation requirement, the following supplemental findings are required:
a. The public convenience would be served by the establishment of the proposed use;
b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages;
c. The proposed use would not be detrimental to the public health, safety, or welfare;
d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area, and
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.
The conditional use permit application shall be submitted and reviewed in accordance with this Section 16.44.030 and Chapter 16.52 (Conditional Use Permits). The applicable regulations contained in Sections 16.44.030D and E of this chapter shall apply to a conditional use permit except as modified by the commission or council on appeal.
4. Similar Uses. For any request to establish an alcoholic beverage sales use not identified in Table 3-12.5 or Table 3-12.6, a determination shall be made pursuant to Section 16.04.020 (Rules of Interpretation) to determine whether the proposed use may apply for either an administrative or minor conditional use permit or is prohibited under the applicable zoning regulations.
D. Use Regulations Applicable to All Alcohol Beverage Uses. The following use regulations apply to all alcoholic beverage sales uses and shall be in addition to any state law requirements, including those provided in California Business and Professions Code Section 25612.5. If any regulation listed in this Section 16.44.030D is inconsistent with a regulation set forth in Section 16.44.030E for a specific type of use, the more restrictive provision shall apply.
1. Graffiti. Within forty-eight (48) hours of any graffiti being painted or marked upon the premises or on any adjacent area under the control of the permittee, the permittee shall report the graffiti to the Murrieta Police Department and remove or paint over the graffiti.
2. Ads and Signs. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
3. Displays. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. No more than twenty-five percent (25%) of the square footage of each of the windows and clear doors of an off-sale premises facility shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.
4. Outdoor Lighting. The permittee shall provide nighttime lighting of the building exterior. The lighting shall be of sufficient illumination so as to enable law enforcement personnel to identify a person.
5. Litter. The permittee shall remove litter from the premises, public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises.
6. Alcohol Sale Hours. The sale of alcoholic beverages may be permitted only between the hours of 6:00 a.m. and 12:00 midnight each day or as approved through a minor conditional use permit or conditional use permit.
7. Smoking Ordinance. The requirements of Murrieta Municipal Code Chapter 5.23 regarding smoking shall be complied with at all times.
8. State License Conditions. Prior to city approval on any ABC zoning affidavit, the applicant shall submit to the city a signed letter addressed to the ABC stipulating to include the appropriate city of Murrieta conditions in the ABC license.
9. Loitering. Loitering is prohibited on or around the premises. "No Loitering" signs (size and location to be determined by the city) are required.
10. Minimum Employee Age. In compliance with ABC regulations, no person under the age of twenty-one (21) shall be employed as a bartender or cocktail server. No person under the age of eighteen (18) shall serve alcohol within an eating place only if such service is incidental part of overall duties. Within retail stores, employees ages seventeen (17) and younger may sell only if directly supervised by someone at least twenty-one (21), otherwise no person under the age of eighteen (18). Employees within premises that sell alcohol and motor vehicle fuel must be twenty-one (21) for sales between 10:00 p.m. and close.
11. Employee Behavior. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while on the premises.
12. Open Containers or Drinking Not Allowed. No alcoholic beverages shall be consumed on the premises of an off-sale establishment, and no alcoholic beverages shall be consumed outside the edifice of an on-sale establishment. "No Open Containers" signs (size and location to be determined by the city) are required to be posted if open containers are found by the police department to be a chronic problem.
13. ABC Training. The owner and management of each alcoholic beverage use shall provide ABC approved and/or certified training for all employees who sell or serve alcoholic beverages at the first available opportunity or no later than thirty (30) days from the employee's date of employment.
14. Records. The permittee shall at all times maintain records which reflect separately the gross sale of alcoholic beverages and the gross sales of all other products of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department within five (5) business days following notice.
E. Supplemental Regulations for Specific Alcohol Sales Uses. In addition to the use regulations applicable to all alcoholic beverage sales uses provided in Section 16.44.030D, the following supplemental regulations shall apply to the specified uses:
1. Bars, Nightclubs, Cabarets, Membership Organizations and Dance Halls. Except as to bars located within, and as part of, a winery, brewery or other beverage production facility:
a. The sale of alcoholic beverages for consumption off -the premises is strictly prohibited.
b. No reduced price or no charge alcoholic beverage promotion is permitted after 8:00 p.m. each day.
c. There shall not be a requirement to purchase a minimum number of drinks in lieu of a cover charge or admission fee.
d. Hours of operation shall be as set forth in the conditional use permit.
e. All sound resulting from the business and/or live entertainment activities shall be substantially contained within the building in compliance with city noise regulations.
2. Liquor Stores.
a. Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.
b. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.
c. The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.
d. Beer, malt beverage products, wine coolers, and pre-mixed distilled spirits cocktails (if allowed by ABC license) shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.
e. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.
3. Convenience Stores and Mini-Marts/Gas Stations.
a. Only beer and wine may be sold, and only for off-site consumption. No sales of distilled spirits or pre-mixed distilled spirit cocktails is permitted.
b. Cold beer or wine shall only be sold from, or displayed in, the main, permanently affixed electrical cooler only.
c. No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter, unless the display is not physically accessible to customers.
d. Beer, malt beverage products and wine coolers shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.
e. Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two years or more and maintained in packaged bottles.
f. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.
g. The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.
h. No advertising for beer, wine or other alcoholic beverage shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.
i. The sale of beer and wine shall be incidental to, and in conjunction with, the sale of food, groceries and sundries, and the area (not including storage) devoted to the display and sale of beer and wine shall not exceed ten percent (10%) of the retail floor area.
j. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.
k. Signs shall be posted outside the building at or near the motor vehicle fuel servicing area and inside near the cash registers notifying the public that, "All alcoholic beverage transactions are monitored in cooperation with the Murrieta Police Department." The size, wording and letter style of the advisory sign shall be as determined by the police department.
4. Tasting Facilities. Tasting facilities shall include any beverage production facility or any other alcoholic beverage sales use proposed to provide for alcohol tasting or sampling onsite. The following regulations are in addition to 16.44.030D and any applicable regulations for the primary use in 16.44.030E.
a. No reduced price or no cost alcoholic beverage tasting promotion shall be allowed after 8:00 p.m. each day.
b. Customers will be limited to no more than one (1) series of free tasting.
c. Tasting samples shall be no larger than one (1) ounce.
d. For breweries and microbreweries, the sale of alcoholic beverages for consumption off the premises is strictly limited to beverages manufactured onsite.
e. No person under the age of twenty-one (21) shall be allowed in the sampling or tasting areas.
5. Grocery Stores, Variety Stores, Discount Stores and Drug Stores.
a. The gross floor area of the establishment shall be a minimum of seven thousand (7,000) square feet, and no more than fifteen percent (15%) of the gross floor area shall be used for the storage and display of alcoholic beverages.
b. No wine shall be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.
c. The sale of beer or malt beverages in containers larger than sixteen (16) ounces is prohibited.
d. The sale of miniature-sized distilled spirits is not allowed.
e. No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter.
6. Delicatessens. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.
7. Restaurants.
a. The sale of alcoholic beverages for off-premises consumption is prohibited.
b. No reduced price or no cost alcoholic beverage promotion shall be allowed after 8:00 p.m. each day.
c. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.
8. Amusement Centers; Bowling Alleys; Conference Centers; Day Spa/Salon; Hotels and Motels; Movie Theaters and Pool/Billiard Halls.
a. The sale of alcoholic beverages for off-premises consumption is prohibited.
b. No reduced price or no cost alcoholic beverage promotion shall be allowed after 8:00 p.m. each day.
c. There shall not be a requirement to purchase a minimum number of drinks in-lieu of an admission or cover charge.
d. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.
e. Alcohol sales within a movie theater shall be prohibited unless within a separate controlled section or "box" restricted to patrons aged twenty-one (21) and over.
9. Florist.
a. No wine shall be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.
b. All alcoholic beverages shall be sold only as part of a gift package, or floral arrangement.
c. Refrigerated or otherwise chilled alcoholic beverages shall not be sold or maintained on the permitted premises, except for alcoholic beverages sold in combination with non-alcoholic beverage commodities and packaged in gift containers requiring refrigeration for the preservation of said commodities.
10. Internet and Mail Order Sales.
a. The storage, distribution and/or shipping of alcoholic beverages shall only be carried out from a location with a zoning designation that allows such activity.
b. Property zoned for residential use shall not be used for the storage, distribution and/or shipping of alcoholic beverages, but may be used office activities related to the business.
11. Residential Wedding/Event Facilities.
a. The sale of alcohol is permitted during events identified in the approved use permit with an appropriate State Issued Alcoholic Beverage Control license.
F. Public Convenience or Necessity. When required by the ABC regulations, the decision-making authority shall also consider adoption of a finding of public convenience or necessity (PCN). Applications for a finding of PCN shall be made, reviewed and considered in accordance with this Section 16.44.030F.
1. Findings. A determination of public convenience shall be based upon the following findings:
a. The public convenience would be served by the establishment of the proposed use.
b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.
c. The proposed use would not be detrimental to the public health, safety, or welfare.
d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.
2. Criteria for Consideration. The following criteria shall be considered in making the required findings by Section 16.44.030F.1 above for a PCN:
a. The proximity (within six-hundred (600) feet) to sensitive receptors, such as a K-12 public or private school and/or public park.
b. The nature of the proposed use and its relation to the surrounding community.
c. Any evidence or testimony provided by the city police department (including, but not limited to, site specific neighborhood analysis of calls for service) which indicates that the use would pose a detriment to the immediate neighborhood or continue current law enforcement problems.
G. Suspension/Revocation. Notwithstanding Chapter 16.52, the suspension and revocation procedures of this Section 16.44.030 shall control for any alcohol administrative or conditional use permit. The director or commission may, upon a showing of probable violation of this Section 16.44.030 or the conditions of the alcohol beverage sales use permit, request a hearing before the commission. The director shall cause notice of the hearing to be served on the permit holder by first-class U.S. mail and by posting the subject property (notice of violation). The hearing shall be before the commission within fifteen (15) days of the notice of violation. Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
At the conclusion of the hearing, the commission may suspend, revoke or modify the alcoholic beverage sales use permit in compliance with this chapter, or order the permit remain in good standing. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78. City council's determination following a suspension or revocation hearing shall be final and conclusive in the matter. In the event a permit is revoked pursuant to the provisions of this Section 16.44.030G, another permit shall not be granted for the subject property within twelve (12) months after the date of such revocation.
H. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
(Ord. 544 §§ 11, 12, 2019; Ord. 455 § 1, 2011; Ord. 430-10 § 4, 2010; Ord. 337 § 9, 2005; Ord. 300 § 4, 2004; Ord. 182 § 2 (part), 1997)