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HomeMy WebLinkAboutCC Ord 1632U 2013-09-23 ORDINANCE NUMBER 1632-U AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING URGENCY ORDINANCE NO. 1631-U PROHIBITING THE ESTABLISHMENT AND OPERATION OF ANY NEW SMOKE SHOP, ELECTRONIC CIGARETTE RETAILER, OR DRUG PARAPHERNALIA RETAILER 111 THE SEAL BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Extension of Moratorium. Ordinance No. 1631-U adopted on August 26, 2013 and set to expire on October 11, 2013 is hereby extended in full force and effect for 10 months and 15 days to and including August 25, 2014. Section 2. Alleviation Measures Report. In accordance with California Government Code Section 65858(d), the City Council has issued a written report describing the measures taken to alleviate the condition which led to the adoption of Ordinance No. 1631-U. Section 3. Findings. The City Council finds and determine as follows: a. The City has recently received inquiries regarding the possible establishment of smoke shops, electronic cigarette retailers, and drug paraphernalia retailers (collectively, "subject uses," hereinafter). 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 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 the subject uses 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 the subject uses. 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 and businesses. Staff has begun to study the issues associated with the subject uses, but needs more time. The establishment of any of the subject uses before appropriate procedures and regulations are enacted has the potential to cause adverse impacts to surrounding residences, businesses, and development and to Ordinance Number 1632-U risk the public health, safety and welfare of the City's residents and the general public. It is therefore urgent that the City develop regulations governing the location and operation of the subject uses to prevent adverse impact to the public health, safety and welfare that may result from unregulated placement and operation of such uses in the City. f. The City Council finds that additional planning and research are urgently necessary to develop appropriate standards to regulate the subject uses. The City intends to undertake such a study within a reasonable time. 111 During the course of the study and planning process, the City Council finds that retailers and others are likely to submit applications for such uses and the development of such facilities before appropriate regulations and safeguards are in place may be incompatible with the result of this planning process. 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. g. There is a current and immediate threat to the public health, safety, and welfare presented by the unregulated operation of the subject uses. The City Council finds that the approval of use permits, variances, building permits, business licenses, or any other applicable entitlement providing for the establishment and/or operation of the subject uses prior to (1) completing the study of the potential impact of such facilities; and (2) resolving any zoning conflicts based on the fact that inadequate zoning currently exists in the City for such uses would result in a current and immediate threat to the public health, safety, and welfare. h. 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 4. 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 devotes 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. Ordinance Number 1632-U 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 5. Term. This Ordinance is an emergency ordinance within the meaning of the City Charter and an urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of 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 on August 25, 2014 unless extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. Section 6. 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, (1) 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 (2) will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Section 7. 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 six 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 violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 8. 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 9. 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. Ordinance Number 1632-U PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 23rd day of September , 2013. -\ AAA \st, %%%%%% Mayor %�' ATTEST: 3 , City Clerk "" 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 1632-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 23rd day of September , 2013 by the followip9 vote: ■ AYES: Council Members AA.�.ti ��1� Aar . NOES: Council Members (Snti ABSENT: Council Members ,07117 ABSTAIN: Council Members 01 and do hereby further certify that Urgency Ordinance Number 1632-U has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ity Clerk Ordinance Number 1632-U I 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 ARY�.OR OR '$§UMMDINANCE Orange and which newspaper has `!NUMBERi1632=U. oi? .mAN''INTERI M;ORDINANCE+ been adjudged a newspaper of §OF THEtcIrY40FfSEALF ,4B E'A'CF E-XiTEN DrI Nac general circulation by the Superior !t1RGENCYyORDINANCE I THE631"U PROHIBITINGI Court of the County of Orange, State THE?BESTABLISHMENT '"ANDS"OPERATION-OF. of California, under the date of ANYYNEW SMOKE SHOP, ELECTRON I C,CIGAR ETTE; 2/24/75. Case Number A82583; that ERETAILER?i`,ORfDR U G. the notice of which the annexed is a 'PIAIRrAIPtHtE�,'LRI�NtA��L�I�r�A' ARETAILE 1,2 3 �On September232013,t printed copy (set in type not smaller the city`,Gouncirheldaa m Dblic hearing adadoopted+ than nonpareil), has been published p Uigency'y'`Ordinance:fJo, in each regular and entire issue of ;?�1637,'ljgxtenBiogO diriange; ;:No:,163��U,((s`e{;to expire said newspaper and not in any toa Octobe 1�1K20,13)antihs y herebyextendedmfull Wee, , supplement thereof on the following iandCreffectt or.:10cmonths anditgday`s,tdtaand;mclud dates t0 WI mgaA`ugust12572014gTh& .moratonsumwold;prohth J the°accepcc? cess c m �orisuance;ofany zori ngtpernigpuildingrpermit occupancy penmt,'business all in the year 2013. hoense branyother,entit!e= ment'for cthe�establishment; and opeerationfof elbctronic� oigaretter retai Iers";drug? I certify (or declare) under penalty of paraphernalia retailers';anci e smokeishWge',.' 4 perjury that the foregoing is true and l w �aaNamY uI rV correct. larCity¢ConciIfm,eetmgfon 1:September+23r2013;bytthea follYES: ote t ;�,;, AYES eDeaton, MiIIer Dated at Seal Beach, C • , Shanks Sloan ` 1 NOEL 2Leyin day of .'[ •/ 113. Motion earned i nl , Copies of Ordinance: J , Number 11632 UyLslwe vail'' S. ss i it t ablejontthe*Crtys;�websrteF` (wwwsealbeachca gov)FOIrI Signature a fr m1�H etGty;perks officer Ays all€211,.vBth Street} , :LICATION PROCESSED BY: :Seafeeach telepfone(562y" 431:12527 f'" ,SJCPC THE SEAL BEACH SUN i DATED this 24th,day of= cSeptember`2013 2 216 Main Street LindaDevinfcityeleyk 'SB;77igi' y N Seal Beach, CA 90740 `Published in thecSealC BeleNSUii*10/3/203 (562) 430-7555 1 ,-1 ( "? its a .,.., 3;0,""' , 1