0.50 ounces of rum that is 40% — Temecula Municipal Code

= 0.20 pure alcohol

= 0.20 pure alcohol = 0.20 pure alcohol

= 0.075 pure alcohol

= 0.875

Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest 10th = 1.5)

"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:

Dancing by patron(s) or staff to live or recorded music.

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."

The presentation of live music whether amplified or non-amplified.

The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.
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, karaoke, 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.

"Headcount log" is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of operation, e.g., 9:00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log.

"Inebriated person" means a person who has consumed an excessive amount of alcoholic beverages resulting in the person becoming intoxicated.

"Inebriation" means the excessive consumption of alcoholic beverages resulting in a person becoming intoxicated.

"Licensee" means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages.

"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:

Hire or terminate employees;

Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;
Disburse funds of the business, except for the receipt of regularly replaced items of stock;
Make or participate in making policy decisions regarding operations of the establishment;

Holds keys to open and/or close the establishment.

"Manager on duty" means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of "manager" as defined in this chapter. In addition, the person must be:

An employee;

Certified in accordance with the responsible beverage service (RBS) training requirements in California Business and Professions Code Section 25683; and
Aware of all requirements in the Conditional Use Permit (CUP). Business License, ABC License, and all other permits or licenses required for the establishment to operate.

"Meals," as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course, including sandwiches and salads that are substantial. A meal is not pre-packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees, or desserts.

"Morphing" means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non-permitted entertainment or dancing or extending hours of operation beyond the hours approved by the city.

"Noise" means any loud, discordant, raucous or disagreeable sound.

"Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA.

"On-Sale" and "On Site Sale of Alcoholic Beverages" shall mean any establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeably throughout this chapter.

"Speakeasy" shall mean a private establishment that provides meal service with alcoholic beverage sales for on-site consumption on a reservation basis only and is not considered a private or VIP room.

"Type 90 ABC License" shall have the same definition as contained in Business and Professions Code Section 23550 as may be amended from time to time. (Ord. 2024-05, 8/13/2024)