Murrieta Planning Commission Approves Lighter Alcohol Restrictions

In an attempt to woo retailers and spur economic development in Murrieta, the Planning Commission passed a new alcohol sales code that lightens some restrictions while tightening others.

The Commission voted 5-0 in favor of the code, which will next go to City Council for a vote.

The code limits alcohol sales to between 6 a.m. and midnight but allows stores and other alcohol-selling establishments to open in closer proximity to schools. It could also allow movie theaters to sell alcohol under certain conditions; and limit happy hours to end at 8 p.m. The buffer around schools that prevent alcohol sales will go down from 1,000 feet to 600 feet.

Before the Commission's meeting on Wednesday, however, the proposed code called for doing away with any distance requirements for alcohol-selling establishments.

Developer Allan Davis, who brought The Orchard shopping center to Murrieta, said the previous code was preventing several businesses from wanting to open in the City. One was a Chevron gas station that was looking to open near the Orchard. Because it was within 500 feet of homes, it could not sell alcohol.

"That killed the deal," Davis said.

He also said a movie theater, American Theaters, is contemplating coming to Murrieta. The theater sells alcohol in a restaurant-type setting, as well as offers alcohol service to adult boxes inside the theater. A similar theater operates at Garden Walk in Anaheim, he said.

About 17 members of the public spoke at the meeting Wednesday, many of whom asked commissioners to protect the safe lifestyle of Murrieta by keeping at least somewhat of a distance between schools and these establishments.

Beverly Gruendner said she grew up in Chicago, where there was a bar on every corner.

"I like the fact that there is not a bar on every corner in this town. I want something better for myself. Now my daughter is a freshman in high school and I am faced with the fact that she could have to walk past a bar or store," Gruendner said.

"When is it a good thing to make it easier to sell alcohol? D.A.R.E. teaches them about the dangers of alcohol. This goes against that."

Planning Commission Chair Thomas Butler said the sentiment expressed was similar to many e-mails and letters the commission received about the issue. Parks, which were previously protected under the 1,000-foot rule, were left unprotected.

"The feedback that I mostly see is about the schools," Butler said. "They want the distance buffer around the schools. The only way I can see to accomodate these different concerns would be to go ahead and have a 600-foot buffer with the possibility of applying for a conditional use permit, but not for parks. We have about 16 schools, but doing it for parks would put too much of a crimp on it."

So establishments wanting to operate with alcohol sales within those boundaries would need to apply for that special permit and meet certain other requirements, said City Planner Cynthia Kinser. The Planning Commission would have the ultimate say in whether they could open.

It is not a new issue. The Commission has been wrestling with developing the new code for more than a year.

Vice Chair Gregory Goodman voted yes on the proposed ordinance, but said he'd rather keep the current distant requirements that protect schools.

"I don’t care for the 600 feet. We should keep it at the 1,000 feet," Goodman said.
"We are not here because of the City; we are here because of the developers for the last 14 months. I have a real problem with this."

Richard Ackerman, an attorney, urged Commissioners against easing restrictions. Ackerman has four kids in Murrieta schools. His impression was that the changes were being made for the wrong reasons.

"Where mentorship starts is here. You are each mentors in a way," Ackerman told Commissioners.

"I know why I moved here--it is quiet, it is is safe, and I have less likelihood of running into a DUI driver. I spent time in juvenile hall...I love my kids and I value them. I don’t want them to have the same problems I had. I have seen it first hand because I was an alcoholic and it was availabity."

Another resident, Patty O'Connor, compared Murrieta's stricter regulations to Temecula's. She used the recent death of 9-year-old Chloe Honeycutt when her mother was suspected of drunk driving in Temecula, and the stabbing death of  Cornerstone's pastor's son, Ryan Armstrong, in a Temecula bar two years ago.

"Those happened in Temecula, not in Murrieta...we need to keep public safety foremost on our minds," O'Connor said.

Davis, The Orchard developer, said the changes will give the companies more certainty now of whether they can operate in this environment. He said the happy hour restrictions might pose a problem for restaurants such as P.F. Chang's and El Torito, which have just extended their happy hours company-wide.

Kinser said the changes were not prompted by any one project, but several.

"There is no one particular incidence. It is a series of businesses that have looked at our community and have looked at our alcohol regulations," Kinser said.

If approved by Council, businesses already selling alcohol in the City would be grandfathered in under their current permits. If they seek to change them, or if other businesses want to add alcohol sales, they would need to go through the new permit process.

Establishments that seek to sell alcohol after midnight would also need to go through a new permit process.