HomeMy WebLinkAbout2022-06 CC Ordinance ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO INCLUDE
ENTERTAINMENT LICENSES, FURTHER CLARIFY THE
DEFINITIONS OF RESTAURANTS, ENTERTAINMENT,
TAVERNS AND BARS, AND PROVIDE REGULATIONS
FOR PRIVATE SECURITY OPERATORS, AND
ESTABLISHING NOISE STANDARDS FOR MIXED-USE
DEVELOPMENTS WITH A RESIDENTIAL COMPONENT,
AND FINDING THAT THIS ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061 (11)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. City staff identified the need to revise portions of Title 9 (Public Peace, Morals,
and Welfare)and Title 17 (Zoning)of the Temecula Municipal Code.
B. The code amendments are being made to address changes in State law related to
Responsible Beverage Sales Training,as well as provide further refinement of the existing code to
incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns
and bars establishing private security guard standards, updating standards for alcohol sales, and
establishing noise standards for mixed-use developments with a residential component.
C. The Planning Commission considered the proposed amendments to Title 9 and 17
of the Temecula Municipal Code ("Ordinance") on February 2, 2022, at a duly noticed public
hearing as prescribed by law,at which time the City staff and interested persons had an opportunity
to and did testify either in support of or opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution No. 2022-04, recommending that
the City Council approve the Title 9 and 17 amendments.
E. The City Council, at a regular meeting, considered the Ordinance on March 22,
2022, at a duly noticed public hearing, as prescribed by law, at which time the City staff and
interested persons had an opportunity to and did testify either in support or opposition to this
matter.
F. Following the public hearing, the City Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed
Ordinance, hereby makes the following additional findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
A. The proposed use is allowed in the land use designation in which the use is located,
as shown on the land use map, or is described in the text of the General Plan.
The proposed amendments to Title 9 and Title 17 of the Temecula Municipal Code do not
propose any land use that is inconsistent with the Temecula General Plan. Entertainment
uses are currently permitted upon the approval of a Conditional Use Permit and are
consistent with the General Plan's commercial use descriptions. The amendments to Title
9 and Title 17 contain a revised process for businesses to have entertainment offered at
their establishments.
The proposed Entertainment License Ordinance directly responds to Goal 3, Policy 3.3 of
the General Plan Public Safety Element. This is accomplished because the ordinance
provides the City with a set of standards designed to allow for the efficient administration
of entertainment establishments. More specifically, the standards will allow the City to
quickly address ordinance violations thus reducing the chance of potential crimes taking
place.
The proposed ordinance also conforms with two Goals contained in the City of Temecula
General Plan Noise Element. First the proposed ordinance directly responds to Goal 2,
Policy 2.1 in that it seeks to limit the maximum permitted noise levels crossing property
lines and impacting adjacent land uses.This is accomplished by ensuring proper Conditions
of Approval to address noise will be incorporated with each entertainment license. Second,
the ordinance is in conformance with Goal 3, Policy 3.1 since it seeks to enforce and
maintain acceptable noise limit standards. The ordinance also provides staff the ability to
quickly address noise violations by administratively revoking the license when necessary.
B. The proposed use is consistent with the Municipal Code and Development Code
for the City of Temecula;
The proposed amendments do not propose any land use that is inconsistent with the
Municipal Code and Development Code for the City of Temecula.The proposed Ordinance
has been designed to be internally consistent with the Municipal Code and the
Development Code in terms of referencing key components of the City's currently adopted
Noise Ordinance, which applies citywide. The ordinance will also create two new sections
within the Municipal Code(Sections 9.10 and 9.11).
C. The proposed use is to be established and maintained in a manner which is
consistent with the General Plan and all applicable provisions contained therein.
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The City currently permits establishments to allow entertainment through the Conditional
Use Permit process.The proposed amendments to Title 9 and Title 17 will allow businesses
to offer entertainment by obtaining an entertainment license. Moreover, the proposed
amendments will create standards that provide further consistency with goals and policies
contained within the General Plan. The proposed ordinance has been processed to ensure
it will be established and maintained in a manner which is consistent with the General Plan
and all applicable provisions contained therein.
Section 3. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA")pursuant to Title 14 of the California Code of Regulations,Section 15061(b)(3)because
it can be seen with certainty that there is no possibility that the proposed ordinance would have a
significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3).
The proposed Municipal Code amendments provide standards for how entertainment uses are to
operate and establish standards for private security operators. These regulations do not increase
the intensity or density of any land use above what is currently allowed. Moreover, the noise
standards for mixed-use developments established by the proposed Ordinance, are consistent with
the standards set forth in the General Plan for mixed-use developments. A Notice of Exemption
has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.
Section 4. Chapter 9.10(Special Licenses—Bars,Nightclubs, Dancehalls, Poolrooms,
etc.) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code is hereby
renamed and amended in its entirety to read as follows:
"Chapter 9.10 ENTERTAINMENT LICENSE
9.10.010 Purpose and Intent.
The City of Temecula encourages the development of art and cultural resources and recognizes
that having a variety of entertainment establishments provides a means for such activity. The City
of Temecula further recognizes that having a variety of entertainment types in the City promotes
a rich and diverse cultural experience. The City of Temecula recognizes that many non-alcoholic
entertainment venues provide a safe place for families and young adults to gather.
The City of Temecula also recognizes that certain entertainment establishments have demonstrated
the potential for creating or maintaining an environment where various types of disturbances such
as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily
driven by establishments that serve alcohol and offer entertainment. These negative effects are
adverse to the public safety, general welfare and the quality of life of the community.
The purpose of this chapter is to regulate the operation of entertainment establishments so as to
minimize the negative impacts and to preserve the public safety, health and welfare. It is not the
City's intent to regulate or restrict the type or content of entertainment provided in those
establishments. All licensees will be responsible for controlling patron conduct at their
entertainment establishment,making adequate provisions for security,crowd size,and control,and
complying with state and local laws and minimizing disturbances caused by the operation of an
entertainment establishment.
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It is also the intent of the City of Temecula to provide alternatives to the regulating of entertainment
establishments by imposing license conditions tailored to the particular entertainment
establishment.
Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable
regulations.
9.10.020 Definitions.
For purposes of this chapter the following words and phrases shall have the following meanings:
"ABC license"means a license to serve alcoholic beverages issued by the State of California
Department of Alcoholic Beverage Control.
"Ancillary"means a business where entertainment is not the primary activity or operation of
the establishment.
"Dance" or"dancing" means to move with rhythmical steps or movement, usually to music
or an audible rhythm; except for any dancing that is regulated under Chapter 5.09 (Adult
Regulations).
"Entertainment"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:
1. Dancing by patron(s) or staff to live or recorded music.
2. 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."
3. The presentation of live music whether amplified or non-amplified.
4. The presentation of music videos,music concerts or other similar forms of musical
entertainment from any source.
5. 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,
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.
"Entertainment establishment(s)"means any commercial business, that is open to the public
and offers entertainment to patrons. Entertainment establishments are separated into three
different classes, as outlined below:
Entertainment Establishment Types
Class I Entertainment Establishment (a businesses without alcohol) means a business
offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic
beverages and does not include any dancing.
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Class II Entertainment Establishment(a business serving beer,wine, and/or distilled
spirits)means a business with an ABC license that offers beer,wine,and or distilled spirits
in addition to offering ancillary entertainment to patrons. A Class II facility does not
include dancing.
Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance
Club/Hall, Pool Hall)means a business with an ABC license that offers any combination
of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A
Class III facility also allows for dancing. Restaurants with dancing shall be classified as a
Class III facility.
"Entertainment license" means a license obtained from the Chief of Police pursuant to the
provisions of this chapter for the purposes of operating an entertainment establishment.
"Manager" 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:
l. Hire or terminate employees;
2. Contract for the purchase of furniture, equipment, or supplies, except for the
occasional replenishment of stock;
3. Disburse funds of the business,except for the receipt of regularly replaced items of
stock;
4. Make or participate in making policy decisions regarding operations of the
entertainment establishment;
5. Holds keys to open and/or close the establishment.
"Noise"means any loud, discordant, raucous or disagreeable sound.
"Noise level" means the "A" weighted sound pressure level in decibels obtained using a
sound level meter. The unit of measurement should be designated in dBA.
"On-sale"has the same meaning as California Business and Professions Code Section 23396,
as the same may be amended from time to time.
"Public premises establishment" has the same meaning as that used in California Business
and Professions Code Section 23039, as the same may be amended from time to time.
"Pyrotechnics" shall have the same meaning as defined by the California Fire Code, as may
be amended from time to time,and currently means controlled exothermic chemical reactions
timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible
light or a combination of such effects to achieve the maximum effect from the least volume
of pyrotechnic composition. Pyrotechnics shall also mean any of the following:
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1. Pyrotechnic Article: A pyrotechnic device for use in the entertainment industry, which
is not classified as fireworks.
2. Pyrotechnic Composition: A chemical mixture that produces visible light displays or
sounds through a self-propagating, heat-releasing chemical reaction which is initiated by
ignition.
3. Pyrotechnic Special Effect: A visible or audible effect for entertainment created through
the use of pyrotechnic materials and devices.
4. Pyrotechnic Special Effect Material: A Chemical mixture used in the entertainment
industry to produce visible or audible effects by combustion,deflagration or detonation. Such
a chemical mixture predominantly consists of solids capable of producing a controlled, self-
sustaining and self-contained exothermic chemical reaction that results in heat, gas sound,
light or a combination of these effects. The chemical reaction functions without external
oxygen.
"Responsible beverage service training course" means a course certified by the California
Department of Alcoholic Beverage Control for on-sale management and on-sale professional
services.
"Responsible party"means any person who is physically at the entertainment establishment
and is any of the following:
1. The person who owns the entertainment establishment;
2. The person in charge of the entertainment establishment;
3. The person using the entertainment establishment under a special arrangement;
4. An employee or agent of an owner or manager of the entertainment establishment
when the owner or manager is temporarily absent from the entertainment establishment;
5. The entertainment establishment's manager or on-site supervisor.
6. The person who books/schedules/authorizes entertainment.
9.10.030 Entertainment license required.
All entertainment establishments shall possess an active and valid entertainment license issued
by the City.
9.10.040 Exemutions.
The following types of activities are exempt from the provisions of this chapter:
A. Events for which a Special Event Permit, or Temporary Use Permit has been issued and
is active pursuant to the Temecula Municipal Code;
B. Events operated by the City of Temecula, or other governmental entities;
C. Events operated by public or private schools;
D. Events operated by a senior assisted care facility;
E. Events operated by a religious institution or nonprofit organization;
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9.10.050 Application/modification requirements.
A. Any person or business entity desiring to obtain an entertainment license or
modification to an entertainment license shall submit a complete application to the Chief of
Police through the Community Development Department("Planning")and pay an application
fee pursuant to the fees adopted by resolution, which may be amended from time to time.
B. The application shall be in a form approved by the Chief of Police.
C. The application shall be filed:
1. At least sixty (60) days prior to the proposed operation of the entertainment
establishment; or
2. At least sixty(60) days prior to the expiration of an entertainment license; or
3. At any time for a modification including,but not limited to:
a. adding dancing;
b. adding alcohol or changing the alcohol license type; or
c.changing operations to incorporate activities in a different class of entertainment.
D. The application shall state the class of entertainment(Class I, Class II, or Class III)that
the entertainment establishment desires to provide to patrons.
E. The entertainment license application shall include five (5) copies of a floor plan (or a
digital copy if acceptable to the City). The floor plan shall be an accurate and dimensioned
representation of the floor plan approved by the city building and fire departments as part of
a formal building permit process. Any changes that have occurred to the floor plan since the
original city building and fire department approval shall be identified and include a notation
identifying the date the modification was approved by the city if such approval was required.
The floor plan shall show all customer seating areas, performing stages or platforms, back-
of-house areas, restroom facilities, and any proposed dance areas if applying for a Class III
entertainment license. The floor plan shall clearly state the legal occupant load as established
as part of the formal building permit process, and all exiting systems of the premises shall be
clearly shown. No floor plan change, occupant load change, or other change of use can be
approved as part of an application process for an entertainment license.
F. The application for an entertainment license shall include five (5) copies (or a digital
copy if acceptable to the City) of the proposed site plan for the entertainment establishment
and the site plan shall be an accurate representation with dimensions that show the building's
footprint, boundary and property lines and onsite parking spaces. Any changes that have
occurred to the site plan since the original city building and fire departments approval shall
be identified and include a notation identifying the date the modification was approved by the
city if such approval was required. The application shall also include adjacent uses with
operating hours for those uses.
G. The application shall also include a copy of any city land use permits (e.g., Conditional
Use Permit, development plan, occupancy permit, etc.) issued to the property owner or
business entity.
H. The entertainment license application shall include a detailed security plan.The security
plan should include,but is not limited to,the following:
1. The number of licensed security personnel who will be on duty;
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2. The minimum level of acceptable training for licensed security personnel in
compliance with Chapter 9.11 (Regulation of Private Security Operators) of the
Temecula Municipal Code;
3. The patron screening procedure, if any, prior to admission to entertainment
establishment;
4. Identify patron access points into the entertainment establishment;
5. Process for removal of disorderly or intoxicated patrons from premises; and
6. Process for dispersal of patrons from the entertainment establishment, onsite
parking area and/or public rights-of-way (e.g., sidewalk or street) within 50 feet of any
entrance to the entertainment establishment.
1. The entertainment license application shall include a notarized letter from the applicant
and property owner that reflects:
l. That the applicant and the property owner understand and agree to the requirements
of this Chapter;
2. That the applicant and the property owner understand and agree to the renewal
requirements of this Chapter;
3. That the applicant and the property owner understand and agree that the license is
nontransferable; and
4. That the applicant and the property owner understand that three or more violations
of this Chapter, or one violation that poses an immediate threat to the public health,
safety or general welfare, may result in termination of the entertainment license.
9.10.060 Fees.
A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each
application for an entertainment license. The entertainment license fee shall be in addition to the
business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code
as may be amended from time to time.
9.10.070 Approval/denial/modification of entertainment license.
A. Upon completion of an investigation coordinated by the Chief of Police, the Chief of
Police may issue the license subject to Section 9.10.090, (Investigation and Issuance) as
applicable, unless it is found that:
1. The application fee has not been paid.
2. Applicant is less than 21 years of age.
3. The application does not conform to the provisions of this Chapter.
4. The applicant has made a material misrepresentation in the application.
5. The applicant or any of its owners, partners, officers or directors has had an
entertainment license revoked within one (1) year prior to the date of the pending
application.
6. The business has been conducting entertainment without a valid and active
entertainment license within the last sixty (60) days.
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7. The proposed entertainment establishment does not comply with all applicable
laws, including,but not limited to: health, zoning,building, and fire code requirements.
Prior to granting a license,the Chief of Police or designee shall obtain certification from
the fire chief, city planner, and building official that the proposed use is in compliance
with the land use and zoning provisions of the applicable municipal code provisions and
that the structures are suitable and safe for the proposed operation of an entertainment
establishment.
B. If the Chief of Police denies the application,the applicant shall be notified of the reasons
for the denial in writing within forty-five(45)days after receipt of the application. However,
failure to notify the applicant within the specified time period shall not constitute a basis for
granting the license. An applicant denied an entertainment license has a right to appeal the
denial pursuant to Section 9.10.170 (Appeals procedure) of this chapter. If such a hearing is
not requested within the prescribed time period, the denial shall be final.
9.10.080 Conditional Use Permits in Coniunction with Entertainment Licenses
A. If a Conditional Use Permit, or any other permit or approval, except a certificate of
occupancy, is required for the lawful operation of an entertainment establishment, the
provisions of this chapter shall be in addition to those other permits and entitlements.
An entertainment license cannot modify the terms of an existing Conditional Use Permit,
except as set forth in Section C below.
B. For new Conditional Use Permits issued after the adoption of this ordinance, a valid and
compliant entertainment license shall be a condition and/or requirement for an
entertainment establishment and may include operating requirements above and beyond
the Conditional Use Permit, which may be amended from time to time, as listed in this
Chapter.
C. For Modifications to existing Conditional Use Permits that allow entertainment,the City
may require, as a new Condition of Approval, that the business obtain an entertainment
license if entertainment will be offered at the business.
9.10.090 Universal Entertainment license standards and conditions.
A. All Class 1, Class 11, and Class III entertainment establishments shall operate in
accordance with the following standards or conditions:
1. Display of License. The entertainment license shall be displayed on the premises in
a conspicuous place so that law enforcement and city staff entering may readily see the
entertainment license. A copy of the floor plan approved with the entertainment license
shall always be kept on the premises and made available at the request of any law
enforcement officer,fire marshal,code officer,or deputy fire marshal,or if requested by
the establishment after an opportunity for pre-compliance review.
2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly
permitted by an active Conditional Use Permit that explicitly allows outdoor
entertainment, or by a Temporary Use Permit, or Special Event Permit.
3. Class III Entertainment. Dancing is only permitted at establishments with a Class
III entertainment license.
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4. Entertainment Hours of Operation. Entertainment operations shall cease, based on
the times outlined below:
Entertainment Permitted Entertainment Hours of Operation
License Type
Class I 7:00 a.m. — 10:00 p.m. Daily
Class 11 7:00 a.m. — 10:00 p.m. Daily
Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59
p.m. or as otherwise set forth in a Conditional Use Permit that
explicitly allows dancing adopted prior to February 1, 2022.
5. Food Service. If the Class 1,Class 11,or Class III entertainment license is associated
with a restaurant, food and non-alcoholic beverage service shall be provided at all hours
the establishment is operating.
6. Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No
entertainment establishment may cause, permit, or maintain noise at a sound level that
exceeds the standards of Chapter 9.20.
7. Noise Dampening. All doors, windows, and any other physical opening shall
remain unlocked and unobstructed as required by all building and fire life safety
requirements. All doors,windows,and any other physical openings shall not be propped
open by people or physical devices during any hours that entertainment is occurring.
8. Manager and Server Training. The following persons must complete a responsible
beverage service training course before the entertainment establishment may provide
entertainment:
i. Every manager and every person who serves or sells alcoholic beverages
for consumption by patrons on the premises of the entertainment establishment
shall maintain a current responsible beverage service training course certificate.
9. Employee list. A list of all persons employed as managers or persons who serve
or sell alcoholic beverages for consumption by patrons on the premises of an
entertainment establishment shall be maintained on the premises of the
entertainment establishment. The list shall clearly identify the hire date, the date
of each responsible beverage service training course was completed and the date
the current training certificate will expire for every manager and every person
who serves or sells alcoholic beverages for consumption by patrons on the
premises of the entertainment establishment. The list shall be provided, upon
request, to any law enforcement or code enforcement personnel, or at the request
of the establishment, after pre-compliance review.
10. Security Guards
i. All Security Guards shall operate in accordance with Chapter 9.11
(Regulation of Private Security Operators).
ii. A violation of Chapter 9.11 (Regulation of Private Security Operators) shall
constitute a violation of this chapter.
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11. Maximum Occupant Load.The maximum number of persons in the entertainment
establishment, shall not, at any time,exceed the maximum occupant load as established
by the Fire Marshal or the City Building Official.
12. Disturbing the Peace and Disorderly Conduct. The responsible party shall make
reasonable efforts to prevent the admission of any person,who is fighting,or challenging
someone to a fight; maliciously and willfully disturbing another person by loud and
unreasonable noise; using offensive words in a public place that is likely to provoke an
immediate violent reaction,or engaging in disorderly conduct(as defined in Penal Code
Section 647),inside the entertainment establishment, at any onsite parking lot owned or
under the control by the entertainment establishment, or on any sidewalk used by the
entertainment establishment for the entertainment establishment. The responsible party
shall make reasonable efforts to either call the police for assistance or remove from the
entertainment establishment,parking lot or sidewalk persons exhibiting such conduct.
13. Maintaining Adequate Right-of-Way. The responsible party shall ensure that
patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk
from vehicular or pedestrian access. The minimum clear access for sidewalks shall be
maintained at forty-four(44) inches.
14. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the
orderly dispersal of patrons from the entertainment establishment at closing time and
shall use reasonable efforts to prevent patrons from congregating in the entertainment
establishment's parking lot after closing time or permit patrons to congregate in any
roadway or traffic lane within fifty (50) feet of any entrance to the entertainment
establishment. This may include, but is not limited to, clearing all the cars from the
establishment's parking lot.
15. Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless
explicitly permitted by the Fire Department.
16. Compliance with Law. Operators shall comply with all federal, State, and local
laws.
B. In addition to the conditions set forth in subsection A of this section,the Chief of Police
may impose additional conditions in the following areas which shall be based on specific,
articulated facts setting forth the necessity for the conditions:
1. The permissible hours of operation for entertainment.
2. Specific licensing qualifications and numbers of security personnel to be on duty
during business hours.
9.10.100 Class I entertainment establishment conditions.
Class I entertainment establishments shall comply with all requirements stipulated in Section
9.10.090 (Universal Entertainment license standards and conditions).
9.10.110 Class II entertainment establishment conditions.
In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license
standards and conditions) the following conditions shall apply to all Class II entertainment
establishments:
A. Food Service. If the Class II entertainment license is associated with a restaurant,
alcohol sales shall cease one half hour prior to closing.
9.10.120 Class III entertainment establishment conditions.
In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license
standards and conditions) the following conditions shall apply to all Class III entertainment
establishments:
A. Location. Establishments seeking a Class III License shall only be permissible in areas
identified in Title 17 as a "Restaurant (bona fide public eating establishment) with
Entertainment and/or Dancing"as listed in the Temecula Municipal Code, or as identified in
a Specific Plan. If required by the Temecula Municipal Code or Specific Plan, a Conditional
Use Permit shall be obtained for the use,prior to the submission of an entertainment license.
B. Mandatory Security Guards. There shall be at least two (2) security guards licensed by
the State on duty at all times that dancing is permitted.Additional Mandatory Security Guards
may be required at the direction of the Chief of Police or as required by the California
Department of Alcoholic Beverage Control.
C. Security Guard Licensing. All Security Guards shall comply with Chapter 9.11
(Regulation of Private Security Operators).
D. Occupancy Calculation. At all hours that dancing is permitted, a staff member shall
maintain an accurate count of the current occupancy.A crowd control tally or other electronic
device shall be utilized for the counting. The most current occupancy tally must be made
available immediately upon request to Code Enforcement, Police, or the Fire Prevention
Department, or if requested by the establishment after an opportunity for pre-compliance
review.
E. Designation of Dance Floor.
1. The dance floor area shall be plainly marked and designated as the dancing area.
2. No dancing shall be permitted outside the designated dancing area as approved and
on file with the city.
F. Dancing Area. During all hours which dancing is permitted, no portion of the dancing
area shall be used for any purpose other than dancing.
G. Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the
floor plan approved as part of the application process allows such conversion.
H. Designated Sound Operator.At all times a responsible party shall be responsible for any
amplified or non-amplified sources of sound on the property. The absence of a designated
sound operator shall be a violation of this section.
I. Enhanced Noise Dampening. If a Class III entertainment establishment is located within
500' of residences as measured from property line to property line,the establishment shall be
required to submit an acoustical analysis prepared by a certified acoustical
engineer/professional demonstrating compliance with the City's noise ordinance and the
entertainment license standards. If required by the analysis, sound dampening materials and
design shall be installed prior to the issuance of the entertainment license. The entertainment
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establishment shall operate in a manner that abides by all requirements of the acoustical
report.
J. Halt of Alcohol Sales. A Class III entertainment establishment shall cease alcohol sales
at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall
be available up until closing of the establishment. This requirement shall apply under any
scenario where the establishment may alter or vary the regular operating hours.
K. Copy of ABC License. A Class III entertainment establishment shall provide a complete
approved copy of the California Department of Alcoholic Beverage Control's license,
including conditions, and the approved site plan to law enforcement or code enforcement
immediately upon request, or if requested by the establishment after pre-compliance review.
9.10.130 Sound or noise measurement.
A. Noise measurements shall be conducted in a manner as identified in Chapter 9.20
(Noise).
9.10.140 Immediate threat to public safety.
A. The Chief of Police, Fire Marshal, or designee may require the responsible party to cease
all or part of the entertainment establishment's operations or entertainment and disperse all
patrons for a period of time up to and including the remainder of the entertainment
establishment's daily operating hours whenever conduct by disorderly patrons reaches a
magnitude that presents an immediate threat to the safety and well-being of the patrons or
general public in the vicinity of the entertainment establishment.
9.10.150 Duration and renewal of license.
A. Licenses are non-transferrable.
B. Licenses for entertainment establishments may be renewed on the first business day in
February 2023, and on a year-to-year basis thereafter on the first business day in February,
provided the license holder continues to meet the requirements of this chapter. `Business day" as
used in this subsection shall mean the days that Temecula City Hall is open for business.
C. No license granted herein shall confer any vested right to any person for more than the
license period.
D. Applications for a license renewal shall be filed with the Chief of Police at least sixty
(60) days prior to expiration of the existing license, otherwise the license will lapse. At the
discretion of the Chief of Police, a temporary license pending satisfactory completion of the
renewal application process may be issued to renewal applicants who have no permit revocation
proceedings pending at the time of filing of the renewal application.Licenses are not automatically
renewed.
E. Renewal applications shall set forth such information as may be required by the Chief of
Police to update and verify the information contained in the original permit application. The
applicant shall pay an application fee, in an amount established by resolution, when applying for
renewal.
13
F. If an application for renewal of license and all required information is not timely
received and the license expires,no right or privilege to provide entertainment shall exist.
9.10.160 Revocation/suspension for violation.
A. The Chief of Police may issue a letter of intent to revoke an entertainment license upon
receiving satisfactory evidence that:
1. The application for an entertainment license contains material misrepresentation;
or
2. Ownership of the entertainment establishment has changed without the new
ownership securing a new entertainment license from the Chief of Police; or
3. The entertainment establishment has, within the last 12-months, been found
criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any
combination thereof, to have violated any provision of this Chapter on at least three
separate occasions; or
4. The entertainment establishment has,within the last 12-months,engaged in conduct,
or allowed its patrons to engage in conduct that posed an immediate threat to the public
health or safety of the general public; or
5. Employees of the entertainment establishment, while on the premises are engaged
in conduct or behavior to the extent that it constitutes a nuisance, including but not
limited to adjudicated complaints with adverse finding(s) by the State Alcoholic
Beverage Control Board or the Riverside County Health Department.
B. The Chief of Police shall provide written documentation or other evidence to support
the intent to revoke an entertainment license to the licensee with the letter of intent to revoke
an entertainment license.
C. The Chief of Police shall provide written notice of the intent to revoke to the holder of
an entertainment license by personal service,or by certified mail. The notice shall be directed
to the most current entertainment establishment address or other mailing address on file with
the Chief of Police for the entertainment establishment. The notice shall provide the effective
date of the revocation.No revocation shall be imposed on less than thirty(30)days' notice to
the holder of the entertainment license.
D. An entertainment establishment that has had its license revoked may not apply for
another license within 12 months from the date the license is revoked.
9.10.170 Appeal procedure.
A. The right to file a written appeal of a revocation or denial of new permit or renewal of
a permit shall terminate upon the expiration of fifteen(15)days of the date of mailing by the Chief
of Police of the notice specified in Sections 9.10.070 or 9.10.160. of this Chapter. The written
appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an
appeal fee in an amount as set by city council resolution. The City Clerk shall promptly forward
a copy of the appeal to the Chief of Police.
B. In the event an appeal is timely filed, the denial of the renewal or revocation of the
license, shall not be effective until a final decision has been made on the appeal. Notwithstanding
14
the foregoing, if the Chief of Police finds and determines that permitting an entertainment
establishment to continue to operate, pending the appeal hearing, would present an unreasonable
and immediate risk to the public health and safety,the denial of renewal or revocation of the license
may take effect immediately. A business that has been denied an entertainment license, may not
begin to operate as an entertainment establishment until it has obtained a valid entertainment
license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license,
shall become effective upon expiration of the period for filing appeals.
C. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California
Office of Administrative Hearings for the assignment of an administrative law judge to serve as
the hearing officer.
D. In the event the Office of Administrative Hearings is unable to provide a hearing officer,
the City Clerk shall make arrangements for the selection of a hearing officer to conduct the appeal
hearing as provided in this subsection.
a. Not less than fifteen(15)days prior to the appeal hearing,the City Clerk shall notify the
Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court
or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and
arbitrators to serve as a panel from which the hearing officer will be selected.
b. Within five(5)days of the date of mailing the notice of the available panel,the Chief of
Police and the appellant may notify the City Clerk in writing that he or she elects to remove one
of the three potential hearing officers.
c. The City Clerk shall then request the mediation and arbitration firm to select one of the
remaining names on the list as the designated hearing officer for the appeal hearing.
d. The hearing officer shall be fair and impartial and shall have no bias for or against the
Chief of Police or the appellant.
5. At the appeal hearing, the hearing officer shall receive oral and written evidence from
the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths
to those persons who will provide oral testimony. The evidence presented need not comply with
the strict rules of evidence set forth in the California Evidence Code, but shall be the type of
evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs.
The hearing officer shall have broad authority to control the proceedings and to provide for cross
examination of witnesses in a fair and impartial manner.The Chief of Police shall have the burden
of proof to establish by clear and convincing evidence the facts upon which his or her decision is
based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost
and expense, utilize the services of a certified court reporter to prepare the verbatim record of the
hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to
both parties. The hearing officer may continue the appeal hearing from time to time,but only upon
written motion of a party showing good cause for the continuance.
6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police.
Within ten(10)days of the conclusion of the appeal hearing,the hearing officer shall render his or
her decision and make written findings supporting the decision. He or she shall send the decision
to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy
of it to the Chief of Police and the appellant, along with a proof of mailing.
15
7. Within ten (10) days from date of the City Clerk's mailing of the decision, either party
may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City
Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's
decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the
City Manager to occur within thirty(30) days.
8. The City Manager's review of the appeal shall be limited to determining whether the
evidence received at the appeal hearing supports the findings and decision of the hearing officer.
The City Manager shall be limited to considering the evidence presented at the appeal hearing.No
public hearing shall be required and no new evidence shall be taken by the City Manager. The City
Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail
a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof
of service. Any legal action challenging the City Manager's decision shall be filed within ninety
(90) days of the date of the proof of service of mailing of the City Manager's opinion,pursuant to
Section 1094.5, et seq., of the California Code of Civil Procedure. The City Manager's decision
shall be final and effective upon mailing of the opinion. If the appellant prevails following a final
decision,the appeal fee shall be returned.
9.10.180 Severability.
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance
codified in this chapter. The city council declares that it would have passed the ordinance codified
in this chapter and each section,subsection,sentence,clause,and phrase hereof,irrespective of the
fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be
declared invalid or unconstitutional.
9.10.190 Violation—Penalty.
A. Any person who violates any of the provisions of this chapter is guilty of an infraction,
except that the fourth and each additional violation of a provision of this chapter within one
year, shall be a misdemeanor. Except as otherwise set forth herein, penalties for a violation
of this chapter shall be as designated in Title 1 (General Provisions) of this code.
B. In addition to any other remedy authorized by this chapter, a violation of this chapter
may be grounds for a revocation or denial of an entertainment license.
Section 5.Chapter 9.11 (Regulation of Private Security Operators)is hereby added to Title
9 (Public Peace, Morals, and Welfare)of the Temecula Municipal Code to read as follows:
"Chapter 9.11 Regulation of Private Security Operators
9.11.010 Purpose and Intent.
The City of Temecula recognizes the importance of private security to preserve the public safety,
health, and welfare. The purpose of this chapter is to regulate the operation of private security
operators and security guards to ensure that adequate background checks, licensing, and
identification are provided consistently throughout the community.
16
9.11.020 Definitions.
"BSIS"means the California Bureau of Security and Investigation Services, and/or any successor
agency that regulates private security services for the State of California.
"Private Security Operator"means an independent contractor or employer who has one or more
employees, which is licensed by the state to employ"proprietary private security officers"as
defined by the California Business and Professions Code section 7574.01, as may be amended
from time to time, and/or"private patrol operators" and/or"security guards or security officers"
as defined by the California Business and Professions Code section 7582.1, as may be amended
from time to time, which furnishes or purports to furnish services for the purpose of affording
security and protection of person and property or to perform any other service directly related to
the private protection of life and property.
"Security Guard" means an individual employee or independent contractor of a private security
operator who is licensed by the state to be a"proprietary private security officer"as defined by the
California Business and Professions Code section 7574.01,as may be amended from time to time,
and/or a "private patrol operator" and/or a "security guard or security officer" as defined by the
California Business and Professions Code section 7582.1, as may be amended from time to time.
"Unlicensed"means a person or business that does not have a license issued by the BSIS.
9.11.030 Business Requirements.
No business shall employ an unlicensed private security operator,an unlicensed security guard,or
appoint unlicensed staff to perform any security responsibilities set forth in Chapters 11.4 or 11.5
of the California Business and Professions Code, as the same may be amended from time to time.
9.11.040 Business License Required.
All private security operators shall obtain a business license prior to commencing operations.
Individuals working for a private security operator and on the security operator's payroll do not
require a separate business license.
9.11.050 State License Required.
All private security operators and security guards must have a valid and active license issued by
the State of California. Private security operators and security guards may only operate in a way
that the license permits the operator or guard to operate.
9.11.060 License Identification Required.
All private security operators must carry a valid and active license issued by the State of California
whenever operating as a private security operator. All security guards must carry a valid and active
license issued by the State of California whenever operating as a security guard The licenses issued
above shall always be accompanied by a valid government issued identification card(i.e.,Driver's
License, etc.)which may verify the identity of the private security operator or security guard. The
license and identification card must be made available to law enforcement and/or Code
Enforcement immediately upon request.
17
9.11.070 Identification of Employer/Contract.
All security guards must disclose their employer's information or the business they are contracted
with upon request to law enforcement and/or Code Enforcement immediately upon request.
9.11.080 Security Name Tag.
All security guards must wear a name tag with the security guard's first name and last initial and
the name of the private security operator that employs the security guard.
9.11.090 Uniforms.
Security guards must wear a uniform with the word "SECURITY" and the name of the private
security operator that is employing the individual or the name of the business that security services
are being provided to by the private security operator.
9.11.100 Private Security Operator Vehicles.
Private security operators and security guards shall not use any vehicle which is painted in such a
manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol
or traffic vehicle of the Sheriff or of any Police Department of any City within Riverside County,
nor shall any such vehicle display any emblem or decal which is an imitation of,or can be mistaken
for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within
the County of Riverside.
9.11.110 Private Security Operator Use of Rank and Title
A private security operator shall not use, grant, or bestow, or permit any security guard to assume
or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any
Police Department within the County of Riverside.
9.11.120 Weapons
While acting as a security guard, the security guard shall not wear equipment or weapons that are
not permitted by state license.
9.11.130 Restricted from Performing Police Duties
A private security operator or security guard shall not perform official police or investigation
activities but shall immediately report every violation of law and every unusual occurrence to law
enforcement.
9.11.140 Obstruction of Law Enforcement or City Staff
A private security operator or security guard shall not obstruct law enforcement,code enforcement,
or the fire department from performing their duties to protect the public safety,health,and welfare.
9.11.150 Entertainment Venue High Visibility Requirements
All businesses with Class III Entertainment license pursuant to Chapter 9.10 that employ private
security operators shall require private security operators to wear a high visibility vest or shirt with
the word "SECURITY" and the name of the business clearly marked on the front and back of the
vest between dusk and dawn.
18
Section 6. Section 9.14.010(Consumption of alcoholic beverages in public prohibited)
and Section 9.14.020 (Possession of open containers of alcoholic beverages in public places
prohibited.) of Chapter 9.14 (Consumption and Possession of Alcoholic Beverages Prohibited in
Certain Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal
Code are hereby amended to read as follows(with additions appearing in underlined text),with all
other provisions of Chapter 9.14 remaining unchanged:
"9.14.010 Consumption of alcoholic beverages in public prohibited.
The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other
alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by
the prior written approval of the city:
A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other
property owned, controlled and/or operated by the city, county or any public agency;
B. In the public parking,loading,access and areas accessible to the public of nonresidential
property except within the specific licensed area of the premises of a commercial establishment
holding a valid on-sale license or permit from the California Department of Alcoholic Beverage
Control; or
C. Within any public park,recreational area,or recreation facility owned,controlled and/or
operated by the city, county, or any public agency."
"9.14.020 Possession of open containers of alcoholic beverages in public places prohibited.
No person shall have in his or her possession,with intent to consume any part of the contents
thereof,any bottle,can or other receptacle containing beer,wine,liquor, fermented malt beverage,
intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the
contents of which have been partially removed, at the following locations, unless specifically
permitted by the prior written approval of the city:
A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other
property owned, controlled and/or operated by the city, county or any public agency;
B. In the public parking, loading, access, and areas accessible to the public of
nonresidential property except within the specific licensed area of the premises of a commercial
establishment holding a valid on-sale license or permit from the California Department of
Alcoholic Beverage Control; or
C. Within any public park,recreational area,or recreation facility owned,controlled and/or
operated by the city, county, or any public agency."
Section 7. Table N-1 (Temecula Land Use/Noise Standard) of Section 9.20.040
(General sound level standards.) of Chapter 9.20 (Noise) of Title 9 (Public Peace Morals and
Welfare)of the Temecula Municipal Code is hereby amended to add a new row to read as follows:
19
Maximum Noise Level
Property Receiving Noise
dBA
Type of Use Land Use Designation Interior Exterior
Mixed-Use with a residential SPI or medium or high 45 70
component residential designation
Section 8. Table 17.08.030(Schedule of Permitted Uses Commercial/Office/Industrial
Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial
Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as
follows(with deletions appearing in strikethrough text and additions appearing in underlined text),
with all other provisions of Section 17.08.030 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use INCICCIHTISC IPOIBP ILI
A
Adult businesses—subject to Chapter 17.09 of
the Temecula Municipal Code - C C C - - -
Aerobics/dance/gymnastics/jazzercise/martial _ P P P - C -
arts studios eater than 5,000 s . ft.
Aerobics/dance/gymnastics/jazzercise/martial C P P P C C -
arts studios less than 5,000 s . ft.
Airports
Alcoholism or drug treatment facilities - C C C C - -
Alcoholic beverage manufacturing' - - - C - P P
Alcoholic beverage manufacturing with 4W 19 , , , ,
entertainment'—' - Cy - Cy Cy
Alcoholic beverage sales See Section 17.10.020, Supplemental
development standards.
Ambulance services - - P P - P P
Animal hospital/shelter - P P P - P P
Antique restoration - C C C - C P
Antique sales P P P P - -Apparel and accessory shops P P P P - - -
Appliance sales and repairs (household and P P - P - C C
small appliances)
Arcades(pinball and video games)' - C C C - - -
Art supply stores P P P P - - -
Auction houses - - C P - C C
Auditoriums and conference facilities - C C C C C C
Automobile oil change/lube services with no _ C P P P
major repairs
20
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Automobile painting and body shop - - - C - - P
Automotive arts—sales P P P P - - P
Automobile rental - C C P - - P
Automobile repair services - C C P - - P
Automobile sales (wholesale or auto broker C C P - C C
only)with no outdoor/storage of vehicles
Automobile sales with only indoor _ C C P - C C
dis la /stora a of vehicles
Automobile sales with outdoor display/storage C - - C
of vehicles'
Automobile salvage yards/impound yards - - - - - - C
Automobile service stations with or without an P P P C C P
automated car wash'
Automotive service stations selling beer and/or C' C' C' C' C' C'
wine—with or without an automated car wash'
B
Bakery goods distribution - - - P - P P
Bakery retail P P P P - - -
Bakery wholesale - - - P - - P
Banks and financial institutions' P P P P P P P
Barber and beauty shops P P P P P P P
Bed and breakfast' - C P - - C -
Beer and wine market' C C C C - -Bicycle sales,rentals, services P P P P - - P
Billiard parlor/pool hall'9 - C'-' C 99 C 99 - - -
Binding of books and similar publications - - - - - P P
Blood bank - P P P P P P
Blueprint and duplicating and copy services - P P P P P P
Bookstores P P P P - - -
Bowling alley' - P P P - - -
Building material sales (with exterior
storage/sales areas greater than 50 percent of - - - P - - P
total sales area
Building material sales (with exterior
storage/sales areas less than 50 percent of total - C C P - - P
sales area
Butcher shop P P P PH - - -
C
Cabinet shop - - - P - - P
21
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP Ll
Cabinet shops under 20,000 sq. ft.—no _ _ P P P
outdoor storage
Camera shop sales/minor repairs) P P - P - - -
Candy/confectionery sales P P P P - - -
Car wash, full service' - C C C - - C
Carpet and rug cleaning - - - P - C P
Catering services P P - P - P P
Clothing sales P P - P - - -
Coins,purchase and sales P P - P - - -
Cold storage facilities - - - - - - P
Communications and microwave installations - - - - - - -
Communications equipment sales - C - C - P P
Community care facilities P P P P - - -
Computer sales and service P P - P P P P
Congregate care housing for the elderly 1,4 P P P P P - -
Construction equipment sales, service or rental - - - C - - P
Contractor's equipment, sales, service or rental - - - C - - P
Convenience market' C C C C C - -
Costume rentals - P - P - - -
Crematoriums - - - - I - I - I C
Cutlery - P P P - - -
D
Data processing equipment ands stems C C - P P P P
Day care centers C P P C P C -
Delicatessen P P P P P P P
Discount/department store - P - P - - -
Distribution facility - - - C - C P
Drug store/pharmacy P P P P P - -
Dry cleaners P P P P P P C
Dry cleaning plant - C �C— C - - P
E
Educational institution C C - C C C -
Efficiency unit housing - C - - C -Emergency shelters C C C C C C C
Equipment sales and rentals (no outdoor _ P P P C P
storage)
Equipment sales and rentals outdoor storage)
F
Feed and grain sales - - - P - - P
22
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Fire and police stations P P P P P P P
Floor covering sales - P P P - - -
Florist shop P P P P P - -
Food processing - P
Fortunetellin , or similar activity P P P P P P -
Freight terminals - - - - - - P
Fuel storage and distribution - - - - - - C
Funeral parlors,mortuary - P P P - - C
Furniture sales - P - P - - -
Furniture transfer and storage - - - C - P P
G
Garden supplies and equipment sales and _ C P P
service
Gas distribution, meter and control station - - - - - C C
General merchandise/retail store less than C P P P
10,000 s . ft.
Glass and mirrors, retail sales - P P P - - -
Governmental offices C P P P P P P
Grocery store, retail' - P P P C - -
Grocery store, wholesale' - - - P - C P
Guns and firearm sales - P - P - - -
H
Hardware stores P P - P - - -
Health and exercise clubs (greater than 5,000 P P P P
sq. ft.
Health and exercise clubs(less than 5,000 sq. C P P P C P -
ft.
Health care facility P P P - P P P
Health food store P P P P C - -
Heli orts' - - - - - C C
Hobby supply shop P P P P - - -
Home and business maintenance service - - - P - P P
Hospitals - C C C C C C
Hotels/motels - C P - C C -
I
Ice cream parlor P P P P P - -
Ira ound vard - - - - - - I C
Interior decorating service P P P P P P I -
J
Junk or salvage and - - - - - - C
23
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use INCICCIHTISC IPOIBP ILI
K
Kennels - Ic - Ic - Ic Ic
L
Laboratories, film, medical, research or testing _ _ P P
centers
Laundromat P P P P - - -
Laundry service commercial - - - P - - P
Libraries,museums and galleries (private) - C C C C C C
Liquefied petroleum, sales and distribution - - - - - - C
Liquor stores' - - - - - - -
Lithographic service - - - P - P P
Locksmith P P P P - - P
M
Machine shop - - - - - - P
Machinery storage yard - - - - - - C
Mail order businesses P P - P P P P
Manufacturing of products similar to,but not
limited to, the following:
Custom-made product,processing, assembling,
packaging, and fabrication of goods within
enclosed building(no outside storage), such as
jewelry, furniture, art objects, clothing, labor - - - - - P P
intensive manufacturing, assembling, and
repair processes which do not involve frequent
truck traffic.
Compounding of materials,processing,
assembling,packaging, treatment or
fabrication of materials and products which
require frequent truck activity or the transfer of
heavy or bulky items. Wholesaling, storage,
and warehousing within enclosed building, - - - - - - P
freight handling, shipping,truck services and
terminals, storage and wholesaling from the
premises of unrefined, raw or semirefined
products requiring further processing or
manufacturing, and outside storage.
Uses under 20,000 sq. ft. with no outside P P
storage
Commercial marijuana activity - - - - - - -
Marijuana cultivation? - - - - - -Massage P P P P P P -
24
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Medical equipment sales/rental P P P P P - -
Medical marijuana dispensary - - - - - - -
Membership clubs, organizations, lodges C C C C C C C
Mini-storage or mini-warehouse facilities' - C - P - C P
Mobile home sales and service - - - P - - P
Motion picture studio - - - P - P P
Motorcycle sales and service' - - - P - - C
Movie theaters - C C - - - -
Musical and recording studio - C C C - P P
N
- C C C - -
Nurseries retail - C C P - - P
Nursing homes/convalescent homes C C C Ic I C - I -
O
Office equipment/supplies, sales/services C P P P C P P
Offices, administrative, corporate headquarters
and professional services including,but not
limited to,business law,medical, dental, P P P P P �P P5�6
veterinarian, chiropractic, architectural,
en ineenn , real estate, finance and insurance
P
Paint and wallpaper stores - P P P - - -
Parcel delivery services P P P P P P P
Parking lots and parking structures - C C C C P P
Pawnshop - P P P - - -
Personal service shops P P P P P P -
Pest control services - C - C - P P
Pet grooming/pet shop P P P P - P P
Photographic studio P P P P P P -
Plumbing supply yard(enclosed or - - - C - - P
unenclosed
Postal distribution - - - - - - P
Postal services P P P P P P P
Printing and publishing(newspapers, - C - P C P P
periodicals,books, etc.
Private heliport' - - - - C C C
Private heliport for hospital' - C C C C C C
Private utility facilities (regulated by the P P P P P P P
Public Utilities Commission
Q Reserved
25
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT I SC PO BP I LI
R
Radio and broadcasting studios, offices - P P P P P P
Radio/television transmitter - - - - - P P
Recreational vehicle parks - - C - - - -
Recreational vehicle sales and rentals - - C C - - C
Recreational vehicle, trailer, and boat storage _ _
within an enclosed buildingC P P
Recreational vehicle, trailer and boat storage- - - - C - - P
exterior yard
Recycling collection facilities - P - - - C P
Recycling rocessin facilities - - - - - C P
Religious institution, without a daycare or P P P C P C C
educational institution
Religious institution, with an educational C C C C C C -
institution
Religious institution,with a daycare center C C C C C C -
Residential (one dwelling unit on the same
parcel as a commercial or industrial use for use C C C C C C C
of the proprietor of the business
Residential, multiple-family housing - C -
Restaurant, drive-in/fast food - C C C - - -
RestaufafAs and ether-eating establishme } tz P P P P P P
} - C- C F - C C
Restaurant(bona fide public eating P P P P P P P
establishment)without alcohol:
Restaurant(bona fide public eating P' P' P' P' P I P' P'
establishment)with Beer&Wine Sales'
Restaurant(bona fide public eating
establishment)with Beer, Wine & Distilled' C' C' C' C' C' C' C'
Spirits — — — — — —
Restaurant(bona fide public eating = P'. P', P', - P' P'
establishment)with Entertainment(not 9 9 9 `'
including dancing)1,9
Restaurant(bona fide public eating P',9 P1,9 P1,9
establishment)with Entertainment and/or
Dancing 1,99
26
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC I CC HT SC PO BP LI
Retail support use to a noncommercial
business(limited to the sale of products
manufactured or assembled on-site and - - - - - P P
occupying less than 15 percent of the floor
area of the business
Rooming and boarding houses - C - C I - I - -
S
Scale,public - P P P P P C
Schools,trade or vocational - P P P P P C
Scientific research and development offices - - - - C P P
and laboratories
Senior citizen housing(see also congregate P P P P P -care)',4
Solid waste disposal facility - - - - - - C
Specialty market' C P P P C -Sports and recreational facility C C C C C C C
Supportive housing - C - - C - -
Swap meet, entirely inside a permanent - - - C - C C
building'
Swap meet, outdoor - - I - I - - - I -
Swimming pool supplies/equipment sales - P - P - - P
T
Tailor shop P P - - P - -
Taxi or limousine service - P P P - - C
Tile sales - P - P - - -
Tobacco shop C P P P - - -
Tool and die casting - - - - - - P
Transfer, moving and storage - - - - - C P
Transitional housing - C - - C -Transportation terminals and stations - - C - - C P
Truck sales/rentals/service' - - - C - - C
TV/VCR repair P P P P - - -
U
Upholstery shop - - - C - P P
V
Vendingmachine sales and service - - - P
- P
W
Warehousing/distribution - - - - - C P
Watch repair P P P - - P -
Wedding chapels - P P - - - -
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Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Welding shop - - - - - - P
Welding supply and service enclosed - - - P - - P
Wine tasting shop, with or without product
sale for off-site consumption(Department of C P P P - - -
Alcoholic Beverage Control Type 02 only)
Wine tasting shop, with or without product
sale for off-site consumption(Department of
Alcoholic Beverage Control License Types < < <\
other than Type 02
Y Reserved
Z Reserved
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.
3. See Chapter 5.22 of the Temecula Municipal Code.
4. Senior housing residential projects in the CC,SC,HT and PO zones shall use the residential performance and development
standards for the high-density residential zone. Senior housing residential projects in the NC zone shall use the residential
performance and development standards for the medium density residential zone and the applicable supplemental development
standards in Chapter 17.10.Congregate care facilities shall use the residential performance standards.
5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E).
6. Supplemental Design Review.Office buildings that are less than 50,000 square feet may be approved,conditionally approved,
or denied by the city council.
7. Marijuana cultivation(as defined in Chapter 8.52)for medical,non-medical or other purposes,are prohibited uses everywhere
in the city including all zoning districts, Specific Plan areas, overlay zones and planned development zones and shall be
prohibited uses,except as otherwise provided in Sections 8.52.040,8.52.050,and 8.52.060 of the Temecula Municipal Code.
8. Residential,multiple-family housing shall be allowed in the PO zone only if the affordable housing overlay(AHO)applies
to the property and the proposed development complies with all requirements of Chapter 17.21.
9.Subject to Chapter 9.10(Entertainment License)and Chapter 9.11 (Regulation of Private Security Operators)
Section 9. Subsections 1, 4, and 5 of"B. Alcoholic Beverage Sales" and Subsection
"H"of Section 17.10.020(Supplemental development standards.)of Chapter 17.10(Supplemental
Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code are hereby
amended to read as follows(with deletions appearing in strikethrough text,and additions appearing
in underlined text),with all other provisions of Section 17.10.020 remaining unchanged:
`B. Alcoholic Beverage Sales.
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 Alcohol
Beverage Control. All businesses or establishments shall provide the ABC license, conditions of
the license, and the site plan upon request of law enforcement or the city or, upon the request of
the applicant after pre-compliance review.
4.
sell, >
unless etheFMse
Restaurants shall operate under the following requirements:
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a. 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.
b. A conditional use permit is required for restaurants that plan on offering, selling,elling,or
serving beer, wine, and distilled spirits typically a Type 41 California ABC license), unless
otherwise regulated by a current Specific Plan. Restaurants offering beer,wine,and distilled spirits
must cease alcohol sales one half hour prior to closing
C. Restaurants are permitted to serve beer and wine (typically a Type 42 California
ABC license) as a matter of right.
d. Restaurants that desire to offer any form of entertainment, must obtain an
entertainment license in accordance with Chapter 9.10.
e. Managers and staff shall obtain and maintain Responsible Beverage Service
certifications (as required by the California Department of Alcoholic Beverage Control). The
establishment shall maintain:
i. A current listing of all staff members that are certified to sell alcohol;
ii. Responsible beverage service certification numbers and expiration dates for
all staff members that are certified to sell alcohol;
f. If a conditional use permit is required for alcoholic beverage sales, a printed copy
of the conditions of approval, includingthe he approved floor plan, shall be stored on the premises in
a readily accessible location and shall be made available upon request to the city or law
enforcement or, upon the request of the applicant after pre-compliance review.
g. All restaurants shall make a copy of the approved ABC license, the associated
conditions, and the approved site plan available immediately upon request to city staff or law
enforcement or, upon the request of the applicant after pre-compliance review.
h. All security guards shall operate in accordance with Chapter 9.11 (Regulation of
Private Security Operators)."
5. 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."
"H. Entertainment Establishments. .
1. 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.
2. Daneing, musie,
and similaf enteftain-me-flt ust-as shall be limited to between the houfs of six
p.m. and twe . Entertainment establishments shall abide by Chapter 9 (Entertainment
License).
3. The city may apply additional requirements or limitations depending on the location,
surrounding uses and other considerations."
Section 10. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter
17.24 (Off-Street Parking and Loading) of Title 17(Zoning) of the Temecula Municipal Code is
hereby amended as follows (with additions shown in underline, and deletions shown in
strikethrough text), with all other provisions of Title 17.24.040 remaining unchanged:
29
Table 17.24.040
Parking Spaces Required
Description of Use Required Number of Spaces
Commercial Uses - Retail and Service
Restaurants
Dine-in 1 space/100 SF-GFA, with a minimum of 10
spaces in all cases; restaurants with dance
areas must also comply with the dancing area
standards set forth under"Recreation Uses"
Fast food
Table 17.24.040
Parking Spaces Required
Description of Use Required Number of Spaces
Recreation Uses
Darteeh46 Dancin area 1 space/7 gross SF dance floor area
Section 11. Section 17.34.010 (Definitions and illustration of terms) of Section of
Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to delete the definition of"restaurant" and add definitions for "entertainment",
"Restaurant (bona fide public eating establishment) without alcohol", "Restaurant (bona fide
public eating establishment) with beer and wine sales", "Restaurant (bona fide public eating
establishment) with beer, wine and distilled spirits" and revise the definition of "nightclubs,
taverns, bars" as follows (with deletions appearing in strikethrough text and additions appearing
in underlined text), with all other provisions of Section 17.34.010 remaining unchanged:
"Entertainment" 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 or allowed to watch,
listen, or participate in, or is conducted for the purposes of holdiniz the attention of, ag ining the
attention of, or diverting or amusing patrons including, but not limited to:
1. Dancing by patron(s) to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent, employee, or
contractor of the establishment, commonly known as "disc jockey" or"DJ."
3. The presentation of live music whether amplified or non-amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
5. Any amusement or event such as live music or other live performance which is knowingly
permitted by entertainment establishment, including presentations by single or multiple
performers, such as hypnotists, pantomimes, comedians, karaoke, song or dance acts, plays,
concerts, any ype 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.
Res* nt" means an establ skment=:heroodara is pfepar-ed, sef—,,ed c1
eensumed primarily within the pfineipal building.
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Restaurant(bona fide public eating establishment)without alcohol:
Means any establishment where the primary business is the preparation, service,and retail sales of
meals comprising a varied selection of foods and nonalcoholic beverages prepared, served, and
consumed on the premises. Entertainment establishments that allow dancing shall be considered a
Class III establishment.
Restaurant(bona fide public eating establishment)with Beer and Wine Sales:
Means any establishment where the primary business is the preparation, service,and retail sales of
meals comprising a varied selection of foods, nonalcoholic beverages, beer, and wine prepared,
served, and consumed on the premises.
To be classified as a restaurant (bona fide public eating establishment) with beer and wine sales,
an establishment shall meet the following requirements.
1. Be designed and operated in such a way that the sale of alcoholic beverages is ancillar to
the primary restaurant operation;
2. The sale of anv food prepared for consumption off the premises shall be occasional only
and clearly ancillary and subordinate to the on-premises restaurant operation;
3. On any day the restaurant is open to the public for business and engaged in the ancillary
sale of alcoholic beverages, restaurant services shall be available to the public during all hours of
gperation. 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, and other attendant dishes.
4. No entertainment shall be provided without an active and valid entertainment license.
5. No admission charge can be charged, and no required purchase/donation is required such
as a minimum drink order) for entertainment involving dancing_
6. Entertainment establishments that allow dancing shall be considered a Class III
establishment pursuant to Section 9.10.020.
Restaurant(bona fide public eating establishment)with Beer, Wine and Distilled Spirits:
Means anv establishment where the primary business is the preparation,service,and retail sales of
meals comprising a varied selection of foods, nonalcoholic beverages, beer, wine, and distilled
spirits,prepared, served, and consumed on the premises.
To be classified as a restaurant (bona fide public eating establishment) with beer, wine, and
distilled spirit sales, an establishment shall meet the following requirements.
1. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to
the primary restaurant operation;
2. The sale of an f�prepared for consumption off the premises shall be occasional only
and clearly ancillary and subordinate to the on premises restaurant operation;
3. On any day the restaurant is open to the public for business and engaged in the ancillary
sale of alcoholic beverages, restaurant services shall be available to the public during all hours of
gperation. 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, and other attendant dishes.
4. No entertainment shall be provided without an active and valid entertainment license.
5. No admission charge can be charged, and no required purchase/donation is required(such
as a minimum drink order) for entertainment involving dancing.
31
6. Entertainment establishments that allow dancing shall be considered a Class III
establishment pursuant to Section 9.10.020.
"Taverns and bars" means establishments primarily providing preparation and retail sales of
alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Taverns,and bars
with dancing shall obtain a Class III Entertainment License."
Section 12. Severability. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance
shall remain valid. The City Council hereby declares that it would have adopted this Ordinance,
and each section or provision thereof, regardless of the fact that any one or more section(s) or
provision(s)may be declared invalid or unconstitutional or contravened via legislation.
Section 13. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 14. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty(30)days after its second reading and adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 12`h day of April, 2022.
Matt Rahn, Mayor
ATTE
Ran 1, City Clerk
[SEAL]
32
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022-06 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 22nd day of March, 2022, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 12'h day of April, 2022,by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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