Drunkenness, Alcohol Policy Under Scrutiny In Old Town Temecula

TEMECULA, CA — Is Old Town Temecula safe? Is it a family-friendly destination?

These were key questions posed during a workshop last month at City Hall about alcohol policy in Old Town and citywide.

The Sept. 28 workshop — which included City Council, the Planning Commission, city staff, local business owners, police and the public — took place amid some concern about drinking and partying in Old Town. Some critics contend that late-night drunkenness has made Old Town unsafe, while some on the other side of the argument say the area is a bustling cultural hub.

During the workshop, most agreed there are two sides to Old Town: family-friendly daytime, when restaurants and shops are open, and farmers' markets and community events take place. Then there are the adult nighttime hours when the 21-and-over crowd comes to eat, drink, dance and party.

"Up until 9 p.m., it is very family-friendly. It's totally safe," Mayor Pro Tem James "Stew" Stewart said. "Maybe after 9 it gets a little more sketch."

Planning Commission Chair Lanae Turley-Trejo argued the after-hours partying is "not a reflection of community values." In her nine years of service with the city, she said she's witnessed a lot of liquor applications for Old Town businesses.

"'A lot' is putting it mildly," she said, noting that she doesn't feel safe after hours in Old Town.

"I should be able to go anywhere in this city and feel safe — anytime," the chair said. "There are problems in Old Town."

Old Town is "saturated" with businesses that serve alcohol, she said.

City Councilmember Jessica Alexander agreed.

"I've had some complaints about people vomiting in the street," she said.

Mayor Zak Schwank conceded there is room for improvement but said Old Town is a vibrant place to be.

"We are a destination. So many diverse businesses are successful here," he said.

Chris Baily owns Baily's Old Town Temecula. The restaurant/bar/entertainment venue at Old Town's southend has operated since 1992. The longtime local remembers making the drive to San Diego's Gaslamp Quarter decades ago because there was no place for his younger self and friends to gather in Temecula.

"Old Town as a nightlife district is an amenity," he said, noting that many marriages began with first-time meetings on the Baily's dance floor.

Commissioner Adam Ruiz said "balance" is key. If Old Town is family-friendly at all hours, it likely won't attract the 20- and 30-somethings who routinely turn out Friday and Saturday nights. But if it becomes too dangerous, patrons will go elsewhere and businesses will shutter.

To improve public safety in Old Town, a team of deputies was assigned in March 2021 to the district. The squad, dubbed the Metro team, is headquartered in Old Town and, by most accounts, the deputies' presence is a public safety success.

Police Chief Chris Durham and Sgt. Kory Murphy were on hand for the workshop and they addressed calls for service in Old Town. Both men serve on the Metro team. They explained that during a one-year period from May 1, 2022, to May 31, 2023, calls were significantly higher from 10 p.m. to 2 a.m., which they attributed to alcohol consumption. Calls into the fire department for medical emergencies were similarly heightened after hours, according to the officials.

Indeed, Old Town's nightlife does cost Temecula taxpayers. Though city revenue from Old Town is approximately $3.1 million annually, police, fire and city staff hours run about $5.83 million a year, according to the city.

Schwank argued that while there is a cost to Old Town's success, the district is the treasured heart of the city that most locals are proud of.

Working through concerns about alcohol is not uncommon for cities with entertainment districts. One of the issues confronting Temecula is its inconsistency in conditional use permits for Old Town Temecula businesses. Some restaurants/bars can serve alcohol until 2 a.m., others until midnight.

The inconsistency in CUPs is "a source of consternation and confusion for businesses," said Deputy City Manager Luke Watson. Of the 25 Old Town restaurants with a license to serve beer, wine and distilled spirits, 16 can stay open past 12 a.m. per their CUPs; the others must close.

Not all businesses play by the rules, according to city officials, who say some owners flout their CUPs by serving alcohol past closing time, among other things.

Overserving drunk patrons is another problem in some establishments, according to city officials, who blame the state's Alcohol Beverage Control for lack of enforcement.

There is a "small group of bad actors ruining it for everyone," Ruiz said.

CUPs are tied to the land, not the actual business owner. The city can set restrictions but whatever is negotiated stays with the property. So while an applicant may come to the city, open a business and follow all rules, that person can sell the establishment to someone who doesn't comply. The city can cite violators, but sometimes disagreements entail costly legal battles.

For some business owners, flouting the rules is more profitable than following them. Citation fees are sometimes covered by revenue made from staying open late, for example.

In its history, the city has revoked just one CUP. The permit for The Bank at 28645 Old Town Front Street was yanked earlier this year.

Another issue confronting the city is a new state license that allows an operator to serve liquor and offer live entertainment with no requirement that food be served. The license, known as an Alcohol Beverage Control Type 90, also allows minor children to be present at the venue, though they cannot consume liquor.

Watson asked the City Council and the Planning Commission to put in place some guidelines on how to handle those types of applications. He said one applicant is before the city now.

Watson also asked for consistency on new CUPs that come before the city, particularly uniformity regarding closure times. The consensus was that alcohol should not be served after midnight, though Schwank and Commissioner Fernando Solis were open to a 2 a.m. shutdown.

The alcohol issues entailed more than two-and-a-half hours of discussion during the workshop. No decisions were made but future public meetings are planned to hash it out. No dates were set during the workshop.