HomeMy WebLinkAbout17-23 PC Resolution PC RESOLUTION NO. 17-23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA17-0090, A CONDITIONAL USE
PERMIT TO ALLOW FOR BASTARDS AMERICAN
CANTEEN TO OBTAIN A CALIFORNIA ALCOHOLIC
BEVERAGE CONTROL TYPE 47 ON-SALE GENERAL
LICENSE FOR A BONA FIDE PUBLIC EATING PLACE
(RESTAURANT) AND FOR LIVE INDOOR
ENTERTAINMENT LOCATED AT 27717 JEFFERSON
AVENUE AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) (APN 921-400-025)
Section 1. Procedural Findings. The Planning Commission of the City
of Temecula does hereby find, determine and declare that:
A. On January 17, 2017, Nicholas Velez filed Planning Application No. PA17-
0090, a Conditional Use Permit, in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on August 2, 2017, 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 in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA17-0090, subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving
the Application hereby finds, determines and declares that:
Conditional Use Permit (Development Code Section 17.04.010.E)
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
Bastards American Canteen will operate as a full-service restaurant with the primary
purpose of offering a full menu of food within an existing restaurant building. The
proposed conditional use is consistent with the City of Temecula General Plan, which
specifies Specific Plan Implementation (SPI) for this site, and conditionally allows
restaurants to operate with a Type 47 On-Sale General license for Bona Fide Public
Eating Place (Restaurant). The sale of distilled spirits would serve as an incidental use
to the establishment's operations. The Specific Plan also allows for indoor live
entertainment uses, subject to a conditional use permit.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures;
Bastards American Canteen will operate within an existing restaurant within the Uptown
Temecula Specific Plan area. As conditioned, the proposed conditional use for a Type
47 On-Sale General license for Bona Fide Public Eating Place (Restaurant) is
compatible with the nature, condition and development of adjacent uses, buildings and
structures because the surrounding area including similar uses such as restaurant and
retail uses. The proposed conditional use will not adversely affect the adjacent uses,
buildings or structures because the surrounding buildings are designed for restaurant
and retail uses. In addition, the live entertainment shall be conducted entirely indoors
where all windows and doors that access the exterior are closed during the live
entertainment and will not affect adjacent uses.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The application will allow for a Type 47 On-Sale General license for Bona Fide Public
Eating Place (Restaurant) at an existing restaurant building location. The conditional
use permit application does not involve the alteration of the existing restaurant as the
live entertainment will occur within an existing indoor area. The site is consistent with
the requirements of the Uptown Temecula Specific Plans, and is adequate to
accommodate the proposed uses as prescribed in the Uptown Temecula Specific Plan
and as required by the Planning Commission in order to integrate the use with other
uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project meets all the requirements of the Uptown Temecula Specific Plan,
Development Code, Fire Code and the Building Code, which provided safeguards for
the health, safety and general welfare of the community. Therefore, the project is not
anticipated to be detrimental to the health, safety and general welfare of the community.
E. That the decision to conditionally approve or deny the application for a
Conditional Use Permit be based on substantial evidence in view of the record as a
whole before the Planning Commission or City Council on appeal;
The decision to conditionally approve the application for a Conditional Use Permit has
been based on substantial evidence in view of the record as a whole before the
Planning Commission.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1, Existing Facilities);
The request for a Conditional Use Permit for a Type 47 On-Sale General license for
Bona Fide Public Eating Place (Restaurant) at Bastards American Canteen will be
conducted in an existing restaurant building and involves a negligible expansion of the
existing use. All access and public utilities are available to the site. The proposed use,
with issuance of a Conditional Use Permit, is in conformance with all zoning
requirements of the Development Code.
Section 4. Conditions. The Planning Commission of the City of
Temecula approves Planning Application No. PA17-0090, a Conditional Use Permit to
allow for Bastards American Canteen to obtain a California Alcoholic Beverage Control
Type 47 On-Sale General license for a Bona Fide Public Eating Place (Restaurant) and
for live indoor entertainment located at 27717 Jefferson Avenue and making a finding of
exemption under the California Environmental Quality Act (CEQA) (APN 921-400-025)
subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2nd day of August, 2017.
ohn H. Telesio, Chairperson
ATTEST:
Lu a Watson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 17-23 was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 2nd day of August, 2017, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo,
Youmans
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Watts
ABSTAIN: 0 PLANNING COMMISSIONERS: None
L e atso , Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA17-0090
Project Description: A Conditional Use Permit to allow for Bastards American Canteen to obtain
a California Alcoholic Beverage Control (ABC)Type 47 On-Sale General
license for a Bona Fide Public Eating Place (Restaurant) and for live indoor
entertainment. The restaurant is located at 27717 Jefferson Avenue.
Assessor's Parcel No.: 921-400-025
MSHCP Category: N/A(no new grading)
DIF Category: N/A(no new construction)
TUMF Category: N/A(no new construction)
Quimby Category: N/A(non-residential)
New Street In-lieu of Fee: N/A(no new square footage)
Approval Date: August 2, 2017
Expiration Date: August 2, 2019
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California Code of
Regulations Section 15062. If within said 48-hour period the applicant/ developer has not
delivered to the Planning Division the check as required above, the approval for the project
granted shall be void by reason of failure of condition (Fish and Wildlife Code Section
711.4(c)).
General Requirements
2. Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards,judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of
the City and its citizens in regards to such defense.
3. Expiration. This approval shall be used within two years of the approval date; otherwise, it
shall become null and void. Use means the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently pursued
to completion, or the beginning of substantial utilization contemplated by this approval, or use
of a property in conformance with a Conditional Use Permit.
4. Time Extension. The Director of Community Development may, upon an application being
filed prior to expiration, and for good cause, grant a time extension of up to three extensions of
time, one year at a time.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with the Uptown Temecula Specific Plan No. (SP-14).
6. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
7. Signage Permits. A separate building permit shall be required for all signage.
8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
9. Bona Fide Eating Place. Type 41 (On Sale Beer and Wine), 47 (On Sale General), and 49
(On Sale General) licensees must operate and maintain their licensed premises as a bona
fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary
use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place
if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the
gross sales of alcoholic beverages for the same period. The licensee shall at all times
maintain records which reflect separately the gross sales of food and the gross sale of
alcoholic beverages on the licensed premises. The records shall be kept no less frequently
than on a quarterly basis and shall be made available to the City, or its designee, upon
demand. A full menu shall be available for order during all hours that alcohol is served. The
premises where the licensee operates must possess a full restaurant kitchen facility
containing conveniences for cooking such as a working refrigerator and cooking devices. The
premises must offer sit down meal service and food menus. "Meals" means the usual
assortment of food commonly ordered at various hours of the day. The service of only
sandwiches or salads is not considered compliance with the requirement to provide meals.
The premises must comply with all regulations of the health department.
10. Food Service. The bona fide public eating place shall serve a full menu at all hours that
alcohol is served.
11. Statement of Operations. The applicant shall comply with their Statement of Operations on file
with the Planning Division, unless a conflict exists between the Statement of Operations and
these Conditions of Approval, in which case the Conditions of Approval control.
12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
13. City Review and Modification of CUP. The City, its Director of Community Development,
Planning Commission, and City Council retain and reserve the right and jurisdiction to review
and modify this Conditional Use Permit (including the Conditions of Approval) based on
changed circumstances. Changed circumstances include, but are not limited to, the
modification of business, a change in scope, emphasis, size of nature of the business, and the
expansion, alteration, reconfiguration or change of use. The reservation of right to review any
Conditional Use Permit granted or approved or conditionally approved hereunder by the City,
its Director of Community Development, Planning Commission and City Council is in addition
to, and not in-lieu of, the right of the City, its Director of Community Development, Planning
Commission, and City Council to review, revoke or modify any Conditional Use Permit
approved or conditionally approved hereunder for any violations of the conditions imposed on
such Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
14. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local
transportation service providers and corresponding telephone numbers shall be posted at a
conspicuous location within the building. Information to assist in the compilation of this sign
may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090.
15. Compliance with City Noise Ordinance. The project shall operate in conformance with all
requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code.
16. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol
shall be no less than one half(1/2) hour prior to closing for all nights of operation.
17. Live Entertainment. The live entertainment is restricted to indoor venues and must be
contained where all windows and doors that access the exterior, are closed during operations.
BUILDING AND SAFETY DIVISION
General Requirements
18. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed
when building construction plans are submitted to Building and Safety for review. These
conditions will be based on occupancy, use, the California Building Code (CBC), and related
codes which are enforced at the time of building plan submittal.
19. Compliance with Code. All design components shall comply with applicable provisions of the
2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California
Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016
California Green Building Standards, California Title 24 Disabled Access Regulations, and City
of Temecula Municipal Code.
20. ADA Access. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entry.
c. Path of accessibility from parking to furthest point of improvement.
d. Proposed stage must be accessible.
21. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review,
a complete exterior site lighting plan showing compliance with County of Riverside Mount
Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other
outdoor lighting shall be shown on electrical plans submitted to the Building and Safety
Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining
property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below.
22. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School
District shall be submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees.
23. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
24. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits. Trash enclosures, patio
covers, light standards, and any block walls will require separate approvals and permits. Solid
covers are required over new and existing trash enclosures.
25. Demolition. Demolition permits require separate approvals and permits.
26. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits.
27. Hours of Construction. Signage shall be prominently posted at the entrance to the project,
indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance
9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours
of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is
permitted on Sundays and nationally recognized Government Holidays.
28. House Electrical Meter. Provide a house electrical meter to provide power for the operation of
exterior lighting, irrigation pedestals and fire alarm systems for each building on the site.
Developments with single user buildings shall clearly show on the plans how the operation of
exterior lighting and fire alarm systems when a house meter is not specifically proposed.
29. Protection of drains and penetration. Protection of joints and penetrations in fire
resistance-rated assemblies shall not be concealed from view until inspected for all designed
fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations
shall be installed by individuals with classification or certification covering the installation of
these systems. Provide certification for the installation of each area and certification of
compliance for Building Official's approval.
At Plan Review Submittal
30. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic,
and mechanical plan applicable to scope of work.
b. A hardscape plan to verify accessibility for persons with disabilities.
Prior to Issuance of Grading Permit(s)
31. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the
building plans, shall be submitted to Building and Safety for review and approval.
Prior to Issuance of Building Permit(s)
32. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of
a registered professional with original signature on the plans.
Prior to Beginning of Construction
33. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
FIRE PREVENTION
General Requirements
34. Fire Requirement. The building will be required to be retrofitted with fire sprinklers and a fire
alarm system. A hood extinguishing system will be required for kitchen equipment which will
be required to be tied into the fire alarm system.A fire sprinkler riser room will be required with
exterior access to house the fire sprinkler riser and fire alarm control panel.
Prior to Issuance of Building Permit(s)
35. Required Submittals (Fire Underground Water). The developer shall furnish three copies of
the water system plans to the Fire Prevention Bureau for approval prior to installation for all
private water systems pertaining to the fire service loop. Plans shall be signed by a registered
civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to
hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be
required with the underground submittal to ensure fire flow requirements are being met for the
on-site hydrants. The plans must be submitted and approved prior to building permit being
issued (CFC Chapter 33 and Chapter 5).
36. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the
installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the
issuance of building permit.
37. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire
Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing
contractor to the Fire Prevention Bureau. The fire alarm system is required to have a
dedicated circuit from the house panel. These plans must be submitted prior to the issuance
of building permit.
Prior to Issuance of Certificate of Occupancy
38. Knox Box. A"Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six
feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5).
39. Addressing. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12-inch numbers with suite
numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high
letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance
15.16.020).
POLICE DEPARTMENT
General Requirements
40. Type 47 License. The applicant has applied for a Type 47 On-Sale General — Eating Place
(Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on
the licensed premises and authorizes the sale of beer and wine for consumption off the
licensed premises. Applicant must operate and maintain the licensed premises as a bona fide
eating place. Minors are allowed on the premises.
41. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with
Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public
Prohibited.
42. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall
ensure that no alcohol is sold to or consumed by any person under the age of 21.
43. Identification Verification. Identification will be verified utilizing one of the following: (a) valid
California driver's license; (b) valid California identification card; (c) valid military identification
card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency.
44. Acceptable Forms of Identification. As noted above, only a valid government issued
identification card issued by a Federal, State, County or City agency is acceptable, providing it
complies with Section 25660 of the Business and Profession Code (B&P), which includes the
following requirements: (a) name of person; (b) date of birth; (c) physical description; (d)
photograph; (e) currently valid (not expired). It is the responsibility of the business owner and
any person who serves or sells alcohol to be aware of current laws and regulations pertaining
to alcoholic beverages.
45. Section 303 (a) (PC). On-sale licensees may not: (a) employ hosts, hostesses, or
entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree
to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c)
permit any person whether an employee or not, to loiter for the purpose of soliciting an
alcoholic drink.
46. Maintain Premises as a Bona Fide Eating Place. Type 41, 47 and 49 licensees must operate
and maintain their licensed premises as a bona fide eating place. They must make actual and
substantial sale of meals, during the normal meal hours that they are open, at least five days a
week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. —2:00 p.m.,
and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve
meals on the days they are open. The premises must be equipped and maintained in good
faith. This means the premises must possess working refrigeration and cooking devices, pots,
pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods
to make substantial meals. The premises must comply with all regulations of the local health
department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals
without actual sales is not compliance. "Meals" means the usual assortment of food
commonly ordered at various hours of the day. The service of only sandwiches or salads is
not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs,
and an assortment of other foods, such as soups, salads or desserts, may be considered a
meal. The Department will presume that a licensee is operating as a bona fide eating place if
the gross sales of food prepared and sold to guests on the premises exceeds the gross sales
of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of
food. (Note: Some licensees have a "conditional" license that requires food sales to be 50%
or more of the total gross sales Sections 23038 and 23787 B&P).
47. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver
alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day.
No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631
B&P Code). Licensees may not permit patrons or employees to consume alcohol between
2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m.
Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of
sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P).
48. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law
enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or
uniform, peace officers have the legal right to visit and inspect any licensed premises at any
time during business hours without a search warrant or probable cause. This includes
inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen,
or any other area within the licensed premises. It is legal and reasonable for licensees to
exclude the public from some areas of the premises. However, licensees cannot and must not
deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and
25755 B&P; 148 and 241 (b) PC).
49. Disorderly House. Licensees may not permit their licensed premises to become a disorderly
house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with
noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (b)
has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc.
The licensed premise includes the parking lot (Section 25601 B&P; 316 PC).
50. Employee Training for Identification Checks. The applicant shall ensure all employees
involved with the sales, service and identification checks for the purpose of any sales of
alcoholic beverages is trained in the proper procedures and identification checks. The
Temecula Police Department provides free training for all employers and employees involved
in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set
up a training session for all new employees. Contact the Crime Prevention and Plans Unit at
(951) 506-5132 to set up a training date. Training must be completed prior to the grand
opening of this business and periodic updated training when new employees/ management
are hired.
51. Entertainment Rules. On-sale licensees who offer entertainment must abide by the following
rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a)
sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual
acts which are prohibited by law; (b) the touching, caressing or fondling on the breast,
buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2)
Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks
are exposed to view shall perform only upon a stage at least 18 inches above the immediate
floor level and removed at least six feet from the nearest patron. No licensee shall permit any
person to remain in or upon the licensed premises who exposes to public view any portion of
her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is
"obscene," e.g. intercourse, sodomy, masturbation, etc.)
52. Under Number of Calls for Service. Licensees may not permit their licensed premises to be a
problem for the local law enforcement agency by needing an undue number of calls for
service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P).
53. Questions Regarding Conditions. Any questions regarding these conditions should be
directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)
506-5132.