Sections:
16.44.010 Purpose and Applicability.
16.44.020 Adult Entertainment/Sexually Oriented Business Establishments.
16.44.030 Alcoholic Beverage Sales.
16.44.040 Animal Keeping.
16.44.050 Child Day-Care Facilities.
16.44.060 Condominium Standards.
16.44.070 Reserved.
16.44.080 Drive-ln and Drive-Through Facilities.
16.44.085 Gated Communities.
16.44.090 Hotels and Motels.
16.44.100 Mixed Use Projects.
16.44.110 Office Buildings.
16.44.115 Electric Vehicle Parking Requirements.
16.44.120 Outdoor Display and Sales Standards.
16.44.130 Outdoor Storage.
16.44.140 Recycling Facilities.
16.44.150 Residential Accessory Uses and Structures.
16.44.160 Accessory Dwelling Units.
16.44.161 Employee Workforce and Student Units.
16.44.170 Telecommunications Facilities.
16.44.180 Vehicle Dealerships.
16.44.190 Vehicle Repair and Service.
16.44.200 Emergency Residential Shelters and Transitional Housing.
16.44.210 Bingo.
16.44.220
Non-commercial Wind Energy Conversion Systems.
16.44.230
Residential Wedding/Event Facilities in RR and ER Districts.
16.44.240
Indoor Firing Ranges.
16.44.250 Cannabis and Hemp Use
16.44.260 Short-Term Vacation Rentals.
16.44.270 Massage, Accessory Use and Massage Establishments.
A. Purpose. The purpose of this chapter is to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually-oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from sexually-oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions). Sexually-oriented businesses are those businesses defined as follows:
1. Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
2. Adult bookstore, Adult Novelty Store or Adult Video Store. A commercial establishment that has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its gross revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental, or viewing for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by the depiction of description or "specified sexual activities" or "specified anatomical areas";
b. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities"; or
c. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. The presences of other business purposes shall not serve to exempt these establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials that depict or describe "specified anatomical areas" or "specified sexual activities"
3. Adult Cabaret. A nightclub, bar, restaurant "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, that features any of the following:
a. Persons who appear nude or in a state of nudity or seminude;
b. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c. Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
4. Adult Motel. A motel, hotel, or similar commercial establishment that includes any of the following:
a. Public accommodations, for any form of consideration, that provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and that advertises the availability of sexually-oriented material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television;
b. Sleeping rooms for rent for a period of time less than ten hours; or
c. Sleeping rooms to subrent for a time period of less than ten hours.
5. Adult motion picture theater. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
6. Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that, for any form or consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
7. Massage Parlor. A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body that occurs as a part of or in connection with "specified sexual activities," or where a person providing a treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of sexually-oriented businesses shall not include the provision of personal services, as that term is defined by Section 16.110.020 of this development code, or the performance of massage in accordance with state law and in compliance with the requirements of Chapter 5.18 of this municipal code and this development code, or the practice of massage in any licensed hospital, or by a licensed hospital, or by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
8. Sexual, Encounter Establishment. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas "or activities when one or more of the persons is in a state of nudity or seminude". The definition of sexually-oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
9. Escort. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
10. Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
11. Nude Model Studio. A place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
Employee. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Establishment. The opening or commencement of any sexually-oriented business as a new business or any of the following:
1. The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexually-oriented businesses defined in this chapter;
2. The addition of any of the sexually-oriented businesses defined in this chapter to any other existing sexually-oriented business; or
3. The relocation of a sexually-oriented business.
Nudity or State of Nudity. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast, or a state of dress that fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Operator. The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
Public Building. A building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
Public Park or Recreation Area. Public land that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land that is under the control, operation or management of the city.
Religious Institution. Any church, synagogue, mosque, temple, or building that is used primarily for religious worship and related religious activities.
School. Any public or private educational facility including, but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
Permitted or Licensed Premises. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.
Permittee and/or Licensee. A person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Person. An individual, proprietorship, partnership, corporation, association, or other legal entity. Residential District or Use. A single family, duplex, townhouse, multiple family or mobile park or subdivision. Specified Anatomical Areas. Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities. Any of the following:
1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal, or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 above.
Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
Substantial Enlargement of a Sexually-oriented Business. An increase of fifteen (15) percent or more in the floor area occupied by the business as it existed on December 1, 1991.
Transfer of Ownership or Control of a Sexually-oriented Business. Any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift or other similar legal devise that transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
C. Establishment and Classification of Businesses Regulated. Sexually-oriented businesses shall be allowed only in the GI zoning district subject to the following restrictions.
1. No person shall cause or permit the establishment of a sexually-oriented business within one thousand (1,000) feet of a religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or within one thousand (1,000) feet of any property zoned for residential use or within one thousand five hundred (1,500) feet of another sexually-oriented business.
2. Sexually-oriented businesses that meet the locational standards of this chapter shall be allowed in the MU-2, BP and GI zoning districts with conditional use permit approval provided that the business conforms to applicable federal and state standards, all applicable requirements of the municipal code, and all requirements of this development code.
D. Measurement of Distance. Distance between two sexually-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
The distance between a sexually-oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually-oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, residential district, or residential lot.
E. Exception. A person appearing in a state of nudity is exempt from the requirements of this chapter if the person did so in a modeling class operated:
1. By a proprietary school licensed by the state, a college, junior college or university supported entirely or partly by taxation;
2. By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
3. In a structure:
a. That has no sign visible from the exterior of the structure or no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student shall enroll at least three days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.
F. Nonconforming Sexually-oriented Businesses.
1. A nonconforming sexually-oriented business shall be allowed to continue for a period not to exceed two years from the effective date of this code unless terminated sooner or voluntarily discontinued for a period of thirty (30) days or more.
2. If two or more sexually-oriented businesses are within one thousand five hundred (1,500) feet of one another and otherwise in an allowed location, the sexually-oriented business that was established first and continually operating at the particular location shall be the conforming use and the later established business(es) shall be nonconforming.
3. A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent approval/development of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand (1,000) feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(Ord. 565-21, Exhibit B (part), 2021; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
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)
The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.
A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that became nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.
C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses) shall comply with the standards provided in Table 16.44.040-1 below and with all other standards and requirements of this section and with all other applicable ordinances and regulations.
D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.
E. Animal Keeping Standards.
1. The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:
Type of Animal | Allowable Zoning District | Maximum Number of Animals per Site | Minimum Lot Size |
Apiary (bees) | RR, ER | N/A | One-half (1/2) acre |
Aviary | RR, ER | Fifty (50) birds per acre; more than fifty (50), subject to CUP | One-half (1/2) acre |
Cats or dogs | All zones | Four animals each | None |
All zones | Eight animals total | Two acres | |
Chickens | RR, ER, SF1 | 4 | 7,200 sq. ft. to .49 acre |
12 | .5 to 1 acre | ||
30 | >1 acre | ||
Chinchilla, nutria, hamsters, guinea pigs, cavy and similar small animals (raising for commercial purposes) | RR, ER | Subject to a CUP | One acre |
Exotic or wild animals | RR, ER | Subject to a CUP | One-half (1/2) acre |
Frog farm | RR, ER | Subject to a CUP | One acre |
Household pets (e.g., birds, domesticated rodents, non- poisonous reptiles) | All zones | No maximum | None |
Poultry, fowl (not including chickens) | RR, ER | Thirty (30) animals per acre | One-half (1/2) acre |
Pot belly pigs (less than eighty (80) lbs.) | All zones | Four pigs | Five thousand (5,000) sq. ft. |
Large (e.g., equine, bovine, bison or similar sized animals) | RR, ER | Five per acre | One-half (1/2) acre |
Medium (e.g., sheep, goats, and similar sized animals) | RR, ER | One per five thousand (5,000) sq. ft. | One-half (1/2) acre |
Small (e.g., rabbits, chinchillas, guinea pigs, hamsters, and similar sized animals) | All zones | Six per five thousand (5,000) sq. ft. up to one acre. One acre or larger, maximum one hundred (100). | Five thousand (5,000) sq. ft. |
a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.
Standard | Minimum Distance/Size |
Setback Front | Zoning district setback |
Side and rear | Minimum three feet |
From any habitable dwelling | Minimum fifty (50) feet |
Fence height | Minimum five feet |
Corral size | Minimum two hundred eighty-eight (288) sq. ft. per animal (twelve (12) feet x twenty-four (24) feet) with a minimum ten foot interior dimensions |
b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site.
c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months).
d. Rabbits shall be kept in an area with a wire mesh floor.
e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances.
f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.
2. A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:
a. The minimum parcel size shall be one acre.
b. Animal runs shall be an adequate size for animals held herein.
c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests.
d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.
e. Animal runs shall have adequate enclosures to provide protection from inclement weather.
f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.
g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits.
h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits.
i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area.
j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.
3. Animals at Large:
a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended.
b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.
4. Chickens:
a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather.
b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line.
c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensive odors.
d. The slaughtering of any animal is prohibited in any residential zone.
e. Roosters are prohibited.
f. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1.
g. The commercial keeping of chickens in residential zones is prohibited. (Ord. 610-24 § 10, 2024; Ord. 516 § 2, 2016; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
This section establishes standards for the provisions of child day-care facilities, in conformance with state law and in a manner that recognizes the needs of day-care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this development code and requirements imposed by the California department of Social Services. Licensing by the department of Social Services is required for child day-care facilities.
A. Definitions. For the purpose of this section, the following definitions shall apply. Additional definitions are contained in Article VI (Definitions):
1. Small Family Day-Care Homes (Eight or fewer Children). Allowed within a single-family or a multi-family residence located in a residential zoning district, with no city land use permits or clearances required;
2. Large Family Day-Care Homes (Nine to fourteen (14) Children). Allowed within a single-family or multi-family residence located in a residential zoning district with no city land use permits or clearances required; and
3. Child Day-Care Centers. Allowed in the zoning districts determined by Article II (Zoning Districts and Allowable Land Uses), subject to conditional use permit approval, in compliance with Chapter 16.52, and the standards in subsection B. (Standards for Child Day-Care Centers) below.
B. Standards for Child Day-Care Centers.
1. Fire Department Standards. The facility shall contain a fire extinguisher(s), CO detector(s), and smoke detector device(s) and comply with the standards established by the city fire department, as well as, all applicable state requirements.
2. Health and Safety Standards. Each facility shall be inspected by the city for compliance with any regulations adopted by the state Fire Marshal concerning health and safety standards which are applicable to care facilities.
3. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to fourteen (14) hours for each day between the hours of six a.m. and eight p.m. and may only conduct outdoor activities between the hours of seven a.m. and seven p.m.
4. Off-Street Parking Standards. Each facility shall have the number of parking spaces in compliance with Chapter 16.34 (Parking and Loading Standards).
5. Separation Standards. A residential parcel shall not be bordered on more than one side by a child day-care facility and a child day-care facility shall not be legally operated on a parcel within three hundred (300) feet of the parcel subject to the application.
6. Fence or Wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Chapter 16.22 (Fences, Hedges, and Walls);
7. Indoor Play Areas. The facility shall be provided with indoor play areas in compliance with state requirements.
8. Outdoor Play Areas. The facility shall be provided with outdoor play areas in compliance with state requirements; and
9. Swimming Pools/Spas. Swimming pools/spas shall meet County and state requirements.
(Ord. 556 § 14, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 182 § 2 (part), 1997)
Loading...