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The original item was published from 4/28/2023 8:53:26 AM to 4/28/2023 8:56:31 AM.

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Posted on: April 27, 2023

[ARCHIVED] Resolution Upholds Decision by Administrative Law Judge to Revoke Conditional Use Permit

TEMECULA, CA – Earlier this week, the City of Temecula City Council adopted a Resolution upholding the decision by an Administrative Law Judge for the Office of Administrative Hearings to revoke a Conditional Use Permit (CUP) held by The Bank restaurant located at 28645 Old Town Front Street.  On February 15, 2023, the Temecula Planning Commission also confirmed the decision of the independent Administrative Law Judge revoking The Bank's CUP that previously allowed for live entertainment and distilled spirits.   

After numerous citations and civil penalties were issued to The Bank over the course of 17 months for violating the provisions of their CUP, the matter was heard before the Administrative Law Judge on August 31, 2022 and September 1, 2022. 

Based on evidence presented by all parties, the Administrative Law Judge found that The Bank frequently and continuously violated their Conditions of Approval for its CUP as follows:

 -Operating beyond approved business hours permitted by the CUP;

-Selling alcohol beyond approved business hours permitted by the CUP;

-Providing live entertainment and music that exceeded the requirements of the CUP (such as a DJ with amplified noise pointed toward the street); and

-Creating excessive noise exceeding decibels permitted by the CUP and the Temecula Municipal Code.

Additionally, the Temecula Sheriff's Department and Code Enforcement established that The Bank had become a "disorderly house" in violation of their CUP, and in violation of State law and local ordinances. This included assaults, threats made by The Bank's security officers to an undercover investigator, excessive noise, public intoxication, overserving of alcohol to patrons, and other disturbances.

The City of Temecula is committed to protecting the health, safety and general welfare of its community, and ensuring that the charm of Old Town continues to be a safe, family friendly destination.  This is the first CUP in the history of the City to be revoked. The Bank will be able to continue its operations as a restaurant, without the added conditional uses that previously included live entertainment and distilled spirits.   Records of all proceedings can be found at TemeculaCA.gov/agendas.

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