Murrieta Municipal Code Ch. 5.26 Alcoholic Beverage Sales

A. Upon receipt of each application by the city of Murrieta for a business license ("license") for any use that includes alcohol sales, the license shall not be issued until the applicant has received an alcoholic beverage sales permit ("permit") as provided in Chapter 16.44 of the Murrieta Development Code.

B. When requested to provide input on a public convenience or necessity determination pursuant to Development Code Section 16.44.030, the chief of police of the city shall conduct such investigation as he or she may deem pertinent or essential for the protection of the public health and safety of the community and facts related to the criteria for consideration of determination of public convenience or necessity as provided in Section 16.44.030.F.2.

C. The chief of police shall have the enforcement rights and authority as provided below in Sections 5.26.040 and 5.26.050, which are supplemental to the suspension and revocation procedures of Development Code Section 16.44.030. Nothing in this chapter shall prohibit or restrict the general authority of the chief of police or of the police department as to the regulation and enforcement of all state and local laws, including temporary closures in order to protect against any serious threat to the public health or safety.

(Ord. 456 § 1, 2011)

All applications for licenses to be issued under the provisions of this chapter and Chapter 5.04 shall be accompanied by an application investigation fee in an amount as set forth by the city council. In the event such license is denied, the application fee is not refundable.

(Ord. 456 § 1, 2011)

Approval or denial of the license shall be in accordance with Chapter 5.04 of this code.

(Ord. 456 § 1, 2011)

A. Inspection of premises. The chief of police shall inspect all places licensed under this chapter as often as deemed necessary and shall investigate all complaints.

B. Suspension/revocation. Notwithstanding any other provision of this chapter, the suspension and revocation procedures of Section 5.04.335 shall apply to any license.

(Ord. 456 § 1, 2011)

A. Access. Any peace officer of the city, county or state, or any officer or official of the United States government charged with the duty of enforcing police laws of the United States government shall have free access during business hours to any establishment regulated by this chapter and Chapter 16.44, in addition to those enforcement rights provided by Section 5.04.310.

B. Nuisance. In the event the chief obtained evidence that the permitted location is operating in violation of any law, or in violation of this code, or has become a nuisance the chief is authorized to cause to be personally served on the subject property notice of such evidence and notice/service of a complaint for temporary restraining order or injunction pursuant to the Drug Abatement Act set forth in Health and Safety Code Section 11570 et seq.

C. Closure. In addition to the nuisance abatement above, the chief of police may file a written request to the community development director to close the premises temporarily or permanently, pursuant to the suspension and revocation procedures of Section 16.44.030 for any violation of the permit or conditions attached thereto. The chief of police may, after consulting with the city attorney, temporarily close any business in certain circumstances to protect against a serious threat to public health or safety, subject to an immediate due process hearing prior to the temporary closure, or at the earliest possible date following the closure. The due process hearing shall be held by the city manager or a hearing officer appointed by the city manager.

(Ord. 456 § 1, 2011)

A. Renewal. A license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of the license is one (1) year. Each alcoholic beverage sales proprietor shall apply for the renewal of his or her license and submit the license fee no later than thirty (30) days prior to the expiration of the term.

B. Expiration. A license that is not timely renewed shall expire at the end of its term.

C. Automatic expiration. All licenses issued under this chapter shall automatically expire when the following conditions arise:

• 1. There is a transfer of ownership of the business;
• 2. The business moves to a new location;
• 3. There is a change in the nature of the business.

(Ord. 456 § 1, 2011)

No license shall be granted under the provisions of this chapter unless the business or place conforms to and complies with all laws and regulations of the city.

(Ord. 456 § 1, 2011)