ALERT !!

Another post on behalf of Ms. Nugent:

A notice for alcohol sales at the Rite Aid located at the corner of Cal Oaks and Jackson was posted on Feb. 11.   It is immediately adjacent to Cal Oaks sports park and a short distance from Shivela Middle School.   If you are not aware or don't remember, in October 1999 the City Council denied an application by Rite Aid for the sale of alcohol at this location.  Due to the proximity with the park and school, the denial was based on the City Ordinance in place at the time of the application.  During the public hearing, numerous residents, including members of the PTSA, spoke against the application for alcohol sales.

In the past, the City of Murrieta Development code was actually stricter than the State of California Business and Professions code with regard to alcohol sales near homes, schools, parks, churches, etc.  This past April, the planning commission and city council changed the city development code to allow alcohol sales near schools, parks, etc., as long as the building was over a certain size.   The city does not issue a liquor license, only the Department of Alcoholic Beverages (ABC) issues or denies the license application.  Below is the section from the California Business and Professions Code that applies to this situation.  Once protests are filed and verified, the application may be denied, or there may be a hearing by the ABC. 

Since the denial of the application, other then the City Ordinance, the only thing that has changed since 1999 is the usage of the park is higher due.  Due to the exploding population of Murrieta, and since it is the largest park in the City, many more youth leagues and civic organizations use the park these days.  The park is also used as a host location for many youth sports tournaments, bringing in people from outside of Murrieta.  In addition, the adjacent and un-developed parking lot located at the rear of store provides for perfect and concealed consumption area, especially during night hours.

Our City's low crime rate can be attributed to the restrictions such as the current non-sale of alcohol at this Rite Aid store.  If Murrieta's distinction for low crime rate is to continue, then restrictions in place today must continue to be in place tomorrow.  And the only way to do this is to write a letter to the ABC in protest of the application.

Letters must be received by the ABC within 30 days of the notice of posting.  This means all letters must be received by no later then March 11th.  Attached is a form letter you can you use to file the protest.  Fill in your name and address where indicated and mail it today.

 If you have questions you may contact the ABC in Riverside at 782-4400.   Also, cc the letter to the Riverside office at 3737 Main Street, Suite 900, Riverside 92501 (the original letter goes to Sacramento).

Business Code:

23789.  (a) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within the immediate vicinity of
churches and hospitals.
   (b) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within at least 600 feet of schools and
public playgrounds or nonprofit youth facilities, including, but not
limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire
Girls.  This distance shall be measured pursuant to rules of the
department.