2009-60 CUP's for Bars & Venues Serving Alcohol ORDINANCE NO. 2009-60
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE AMENDING VARIOUS
SECTIONS OF RIVERSIDE COUNTY LAND USE ORDINANCE NO. 348 REQUIRING CUP'S
FOR BARS AND FOR VENUES SERVING ALCOHOL WITH LIVE MUSIC AND REPEALING
RIVERSIDE COUNTY ORDINANCE NO. 366 REGARDING DANCE HALLS IN THE
UNINCORPORATED AREAS
The City Council of the City of Menifee does ordain as follows:
Section 1. Findings:
1. Upon the recommendation of the Planning Commission, the City Council finds that
this requirement is consistent with the Riverside County General Plan as it continues
to allow the same uses but places additional controls on them.
2. These additional controls are consistent with the City's police power to protect public
health, safety and welfare.
3. The additional of a conditional use permit requirement for bars, cocktails lounges,
nightclubs and similar uses, and for uses combining alcohol service with live
entertainment, protects public health, safety and welfare by providing for
individualized conditions of approval for such uses.
4. The City Council, upon the recommendation of the Planning Commission, specifically
finds that the five (5) year amortization period set out in Section 3.4 below allows
sufficient time for an existing business to anticipate the cost of a conditional use
permit and to plan therefore, and that the purpose of the conditional use permit is to
confirm and maintain the existing use, rather than change or terminate such use.
Section 2. Section 3.4 is added to Riverside County Land Use Ordinance 348, as
adopted by the City, to read as follows:
3.4 Conditional Use Permit Required:
(a) Notwithstanding anything in this Ordinance, and as specifically included in, but
not limited to, Sections 9.1, 9.25. 9.50, 9.62, 10.1, 11.2, 11.26 and 12.2 hereof,
on and after the effective date of this ordinance, bars, nightclubs, cocktail
lounges, cabarets, billiard or pool halls (whether or not they have live
entertainment); restaurants, drive-ins and eating establishments with on-site
alcohol sales and live entertainment shall require a conditional use permit.
(b) As used here, "live entertainment" shall mean entertainment provided by more
than 2 professionals, utilizing sound amplifying equipment, when provided on a
regularly scheduled basis after 10:00 p.m. in the evening (more than 4 times per
year) but shall not include karaoke, a piano bar, or"open-mike" amateur type
performances. This ordinance does not allow any type of"live entertainment" not
otherwise permitted by local or state laws or regulations.
City of Menifee Ordinance No. 2009-60
Bar CUP
(c) Non-conforming uses/Amortization: An use as set out in Section 9.1, 9.25, 9.50,
9.62 10.1, 11.2, 11.26 or 12.2 or any other section providing for the type of uses
set out in subsection (a) above, in existence and operating as of the effective
date of this Ordinance, shall obtain a conditional use permit if i) such use ceases
for 180 consecutive days or more except as result of a natural disaster, in which
case it shall be one (1) year; ii) the use changes or expands; or iii) within one
year from the effective date of this Ordinance which CUP shall be processed
without charge and which will document the use as it exists on that date (unless
otherwise agreed between the City and the applicant).
Section 3. Section 3.5 is added to Riverside County Land Use Ordinance No. 348 to
read as follows:
Notwithstanding anything in this Ordinance, when the Community Development Director
determines it to be necessary for the health, safety and welfare of the citizens of the City, and
where otherwise allowed by state or federal law, she may require that a use obtain a temporary
use permit or a conditional use permit instead of or in addition to a plot plan.
Section 4. Riverside County Ordinance No. 366 (regulating dance halls in
unincorporated areas) is repealed in its entirety.
Section 5. Effective Date: This ordinance shall be effective 30 days from the date of its
adoption.
PASSED, APPROVED AND ADOPTED THIS 155'day of December, 2009.
aAy.�e IL2
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
Elizabeth Marlyn, City Attorney
2
SNI
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver
Councilmember STATE OF CALIFORNIA
Darcy Kuenzi COUNTY OF RIVERSIDE ) ss
Councilmember CITY OF MENIFEE )
Scott A.Mann 1, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember
foregoing Ordinance No. 2009-60 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Menifee on the December 1,
2009, and that thereafter, said Ordinance was duly adopted by the City Council of
the City of Menifee at a meeting thereof held on the December 15, 2009 by the
following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Noes: None
Absent: None.
Abstain: None
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Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
,vww.cityofinenifee.us