HomeMy WebLinkAboutCC Ord 1631U 2013-08-26 ORDINANCE NUMBER 1631-U
AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH
DECLARING A MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OF ANY SMOKE SHOP, ELECTRONIC
CIGARETTE RETAILER, OR DRUG PARAPHERNALIA
RETAILER
THE SEAL BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings. On August 26, 2013, the City Council considered
the adoption of this Ordinance at a duly noticed public meeting and on the basis
of the record thereof finds the following facts to be true.
a. The City has recently received inquiries regarding the possible
establishment of smoke shops, electronic cigarette retailers, and drug
paraphernalia retailers. Several existing businesses in the City are already
advertising the sale of electronic cigarettes. Smoke shops, electronic cigarettes,
and drug paraphernalia are not currently addressed in the Municipal Code.
b. The traditional character of smoke shops has changed, and newer
shops have been observed to sell paraphernalia that could be used to consume
substances other than tobacco, as well as synthetic marijuana substitutes and
other products and drug paraphernalia that are potentially harmful to the public
health and safety and to the general quality of life. Anecdotal evidence suggests
that smoke shops and the sale of drug paraphernalia can create harmful
secondary effects in the neighborhoods in which they are located, but the City
has not studied how to best manage and mitigate these impacts. Further study
and consideration of the potential impacts that smoke shops, electronic cigarette
111
retailers, and drug paraphernalia retailers may have on the public's health,
safety, and welfare is required to ensure that any negative impacts can be
addressed and mitigated.
c. The use and sale of electronic cigarettes are recent developments
and further study and consideration of the potential impacts that they might have
on the public's health, safety, and welfare is required to ensure that any negative
impacts can be addressed and mitigated.
d. If smoke shops, electronic cigarette retailers, and drug
paraphernalia retailers are established and allowed without appropriate review
and regulation, they could have potential adverse secondary effects on
neighborhoods and result in significant irreversible change to the neighborhood
and community character.
e. The City intends to study, within a reasonable time, the adequacy
of its existing ordinances and the potential need to adopt new regulations
regarding smoke shops, electronic cigarette retailers, and drug paraphernalia
retailers. The Planning Commission, the City Council and the people of Seal
Beach require a sufficient and reasonably limited time to consider and study
legally appropriate and reasonable policies regulating these businesses in order
to prevent negative impacts on neighboring residents. Given the time required to
undertake the study and planning this situation calls for, the City Council finds
that it is necessary to enact an interim moratorium to ensure that operation of
businesses that may conflict with the contemplated new development policies are
not permitted in the interim. The City Council has the authority to adopt an
interim ordinance pursuant to the City Charter and Government Code Section
65858 in order to protect the public health, safety, or welfare.
f. There is a current and immediate threat to the public health, safety,
and welfare presented by the unregulated operation of smoke shops or retailers
of electronic cigarettes or drug paraphernalia retailers.
Ordinance Number 1631-U
g. There is therefore an urgent necessity for the City to adopt a
temporary moratorium on the establishment of smoke shops, electronic cigarette
retailers, and drug paraphernalia retailers to take effect immediately.
Section 2. Moratorium. The City hereby declares a moratorium on the
establishment of any smoke shop, electronic cigarette retailer, or drug
paraphernalia retailer.
a. The establishment of any smoke shop, electronic cigarette retailer,
or drug paraphernalia retailer is prohibited. The City shall not approve any new
or pending application for any permit, license, or other entitlement for the
establishment or operation of any smoke shop, electronic cigarette retailer, or
drug paraphernalia retailer.
b. For purposes of this Ordinance, the term "smoke shop" means any
establishment, structure, facility, vehicle, stand or cart that devotes more than
20% of either its floor space or display area to the sale, display, marketing,
bartering, trading or exchange of any combination of tobacco, tobacco products,
or smoking or tobacco paraphernalia.
c. For purposes of this Ordinance, the term "drug paraphernalia
retailer" means any establishment, structure, facility, vehicle, stand or cart that
devdtes any floor space or display area to the sale, display, marketing, bartering,
trading or exchange of drug paraphernalia.
d. For purposes of this Ordinance, the term "drug paraphernalia" is
defined by reference to California Health and Safety Code Section 11014.5, as it
now exists or may be amended in the future.
e. For purposes of this Ordinance, the term "electronic cigarette
retailer" means any establishment, structure, facility, vehicle, stand or cart that
devotes any floor space or display area to the sale, display, marketing, bartering,
trading or exchange of electronic cigarettes.
f. For purposes of this Ordinance, the term "electronic cigarette"
means an electronic and/or battery-operated device, the use of which may
resemble smoking that can be used to deliver an inhaled dose of nicotine or
other substances. The term includes any such device, whether manufactured,
distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, or any other product
name or descriptor. The term does not include any medical inhaler prescribed by
a licensed doctor.
g. The terms defined above shall be broadly and liberally interpreted
to carry out the intent of this interim Ordinance.
Section 3. Term. This Ordinance is an urgency ordinance for the
immediate preservation of the public peace, health, and safety within the
meaning of City Charter Section 412 and Government Code Section 36937(b)
and therefore shall be passed immediately upon its introduction and shall
become effective immediately upon its adoption. This Ordinance shall expire 45
days after its adoption unless extended by the City Council at a regularly noticed
public hearing pursuant to California Government Code Section 65858.
Section 4. CEQA Finding. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption of this Ordinance and
establishment of the interim moratorium hereby, will have a significant effect on
the environment, because the moratorium imposes greater limitations on smoke
shops, drug paraphernalia and electronic cigarette retailers in the City than the
limitations currently required under the Municipal Code, and will thereby serve to
reduce potential significant adverse environmental impacts. It is therefore
Ordinance Number 1631-U
exempt from California Environmental Quality Act review pursuant to Title 14,
Section 15061(b)(3) of the California Code of Regulations.
Section 5. Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
1 violation of this Ordinance shall constitute a public nuisance and shall be subject
to abatement as provided by all applicable provisions of law.
Section 6. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for
any reason held to be invalid, such invalidity shall not affect the validity of the
remaining portions of this Ordinance or any part hereof. The City Council of the
City of Seal Beach hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
Section 7. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 26th da, of August , 2013.
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City'Clerk �'ti„CF•.A.?.`9- t -
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing ordinance is an original copy of Urgency Ordinance Number
1631-U on file in the office of the City Clerk, passed, approved and adopted by the
City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 26th day of August ,
2013 by the following vote: r
AYES: Council Members A ..41. .a `ii. . . . / _ ....shd .C4'
NOES: Council Members 9 c ili
IABSENT: Council Members 47-7k ABSTAIN: Council Members v/y
and do hereby further certify that Urgency Ordinance Number 1631-U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
I
City Clerk
Ordinance Number 1631-U •
PROOF OF PUBLICATION • This space is for the County
(2015.5 C.C.P.) Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen Proof of Publication of
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer •
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed.and published weekly in the
City of Seal Beach, County of SUMMARY ORDINANCEPfar;this Ieglslatlonianoatoi
Orange and which newspaper has NUMBER-161=U'y:S- rl conduct resear`ahlon ibis`
9 A N U R GtE NI C Y ' use and to ensure thafthei
been adjudged a newspaper of O R D. I.N A N.0 E - `O F' 'communirys general health
1 9 THES CITY OF `SEAL'`?and•pubhc welfa-FO prof)
general circulation b the Su error BENCH,; DECL'ARlNGj elected Also rthe Health;
y p - :AI MORATORIUM''_,ON. and,Safety Code'Sections?
THE{ESTABLISHMENT!(11000 11033"Baliforma.i
Court of the County of Orange, State AND;LOPERATION;OFT';Controlled Subs;anceal
of California, under the date of .5 ANY) SMOKE SHOP" Act'prohibits the sale-of 4
ELECTRONIC CIGARETTE drug paraphernalia`and lists
2/24/75. Case Number A82583; that ',RETAILER, OR DRUG, several types.of.items or;
'P A R'A,P:H ER N A.L,I'A products that may tie utilized_I
the notice of which the annexed is a • '-RETAILER' .at.. t ' for-drug purposes such,as;i
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printed copy (set in type not smaller ^the Cdy:Counoil adoptedi glass pipes sold in head'; I
Urgency„Ordmance-NO shops
than nonpareil), has been published 1631% declass a inora u Ordinance Number,1631
p 1 tonum oni.the acgceplance,l t U was adopted at,the regu
in each regular and entire issue of processing; Issuannce of.bf lar',City.Council%meeting?:
any zoning'permit'building"t1 on August 26,:2013 by-the$
said newspaper and not in any permit,.occupancy;permitp:,following:vote:,v,,,;.
business license,,orfany,r.AYES.,Deaton, Miller-
supplement thereof on the following dthe�Nenttlemenr'for.-the Shanks Sloan.
establishmentbandopera • - NOES: None : z. •
dates, to-wit: ition of;electronic,cigarette r^,ABSENT Levitt, x-\ ;.j.
1 retailerstaug'paraphe}u ,Motioncarned; k
Sr shop retailers and smoke Copies of Ordinance
shops NCopie .of Uare avail,
California State:Senate li able on the City's:website
,Bill (SB)a648 mtrdduced in ,(www.sealbeachca gov) or
all in the.year2 13. February 2013 extends the ,from the City Clerk's office;
1 existing;';restrictwns and City Hall 211 8th,Street,
,prohibitions againitythe Seal.Beach;telephone(562);1•
smoking.oftobacco-prod.,:r.431-2527::.
I certify (or declare) under penalty of ucts by.including electronic.( DATED this 27th day of
cigarettesr •Au
By-including}} gust 2013 ' , ,.q
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perjury that the foregoing is true and electronic.cigarettes,withini .LindaDevine, CityClerk7i
Correct. the restrictions and prohib f 'Cityof Seal Beach" t
r ited activity this bilf:would( 'SB;770 a
change.the definition off ±Published in the Seal-
crime with respect,tol'cer + Beach Sun 3/.3.2201,31,. i
Dated Seal Beach, CA, tam facilities thereby.crest,I n
1 mg a state mandatedlocal�
. •is day ofo&& ti Pe -N. , 201 3. program;' 'Staf te-aU res ___,.
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Signature
PUBLICATION PROCESSED BY: 111 THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
•