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Home My WebLink AboutCC AG PKT 2014-01-27 #I sE Ott AGENDA STAFF REPORT DATE: January 27, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: ADD CHAPTER 5.75 TO THE SEAL BEACH MUNICIPAL CODE REGARDING SMOKE SHOPS, ELECTRONIC SMOKING DEVICES, AND DRUG PARAPHERNALIA SUMMARY OF REQUEST: That the City Council consider introducing proposed Ordinance No. 1636, which would add Chapter 5.75 of the Municipal Code pertaining to smoke shops, smoking lounges, electronic cigarettes, and drug paraphernalia. BACKGROUND AND ANALYSIS: At the August 26, 2013 meeting, the City Council adopted Ordinance No. 1631-U, an urgency ordinance declaring a moratorium on the acceptance, processing, or issuance of any zoning permit, building permit, occupancy permit, business license, or any other entitlement for the establishment and operation of electronic cigarette retailers, drug paraphernalia retailers, and smoke shops. On September 23, 2013, the City Council extended the moratorium for ten months and 15 days to allow staff additional time to coordinate with the City Attorney's office and prepare the provisions necessary to address smoke shops, electronic cigarettes, and drug paraphernalia. At the December 9, 2013 and January 13, 2014 City Council meetings, the City Council directed staff to prepare an ordinance that treats electronic cigarettes the same as tobacco products, requires a conditional use permit (CUP) for smoke shops, and prohibits smoking lounges. The Council also directed that the ordinance should subject the use of electronic cigarettes in public places to the same restrictions placed on smoking in public places by state law. The proposed ordinance incorporates the Council's direction and has been drafted so that it will not impact the current operations of existing businesses such as grocery stores, teavenieW-stores, and gasoline stations. The proposed Agenda Item ordinance defines "electronic smoking device," "smoking," "smoke shop" and "smoking lounge." Please note that the CUP requirement for smoke shops requires a text amendment to the zoning code, which, in turn, requires noticed public hearings before the Planning Commission and City Council. The public hearing before the Planning Commission is scheduled for February 5, 2014. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. 1636 and direct staff to schedule a second reading of the same. S MITTED B Y NOTED AND APPROVED: ( Basham *JIngram, City ana r rector of Community Development Attachments: A. Ordinance No. 1636 Page 2 ' ORDINANCE NUMBER 1636 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 5.75 OF THE SEAL BEACH MUNICIPAL CODE REGARDING SMOKE SHOPS, ELECTRONIC SMOKING DEVICES,AND DRUG PARAPHERNALIA THE SEAL BEACH CITY COUNCIL DOES ORDAIN ASFOLLOWS: Section 1. Chapter 5.75in hereby added Vu the Seal Beach Municipal Code to read anfollows: "Chapter 5.75 SMOKE SHOPS, ELECTRONIC SMOKING DEVICES, AND DRUG PARAPHERNALIA 5J5.085 Definitions For the purposes of this Chapher. the following words and phrases shall mean: A. an electronic or battery- operated device, the use of which may resemble smoking, that can be used hu deliver an inhaled dose of nicotine or other substances. The term includes nicotine or other substances used in any such device and includes any such devimy, whether manufactunad, diathbu1ad, markekad, or sold as an electronic cigarette, e-oigaretka, electronic cigar, electronic oigariUo, pipm, hookah or any other device or product name or descriptor. The hpnn does not include any medical inhaler prescribed bya licensed doctor. B. Smoking: poasann|ng, using, or lighting of lighted tobacco product ortobacco paraphernalia (including but not limited to. o lighted pipe. lighted hookah pipe, lighted oiQmr. or lighted cigarette oJ any Nnd), or using mn electronic smoking device. C. Smoke shop: an establishment where the primary use io the wholesale or retail sale, distribution, or exchange ofelectronic smoking devices, tobacco pnoduots, tobacco parmphemo|ia, or any combination ofthese. D. an establishment where electronic smoking devicem, tobacco pn»ductn, tobacco paraphernalia, or any of these are used by persons on the premises. 5.75.010 SmmokeShmps—CmmdUtUomm! UsePernmNtRequimed It is unlawful for any person to establish or operate a smoke shop without first obtaining o Conditional Use Permit pursuant hzChapter 11.5.20. 5.75.015 Smoking Lounges Prohibited Smoking lounges are prohibited. 5'75.820 EVech,amio Smoking Devices — Additional Regulations A. No business, establishment, or owner or employee thereof shall aeU, give` or furnish any a|actmunio smoking device to any person without first examining that person's official identification to confirm that the person is at least 18 years of age or older. ' Ordinance Number 1636 B. The sale or display of electronic smoking devices by means of self-service disp|oy, ouunhar-top, or shelf that allows any self-service customer aoreou is prohibited. For these purposes, "self-service display" means the open display orstorage of electronic smoking devices in a manner that is physically accessible in any way to the general public without the assistance ufa retailer or employee ofa retailer. A vending machine isoform of self-service display. C. All electronic smoking devices ohuU only be offered for sale by means cf seller assistance and shall be stored only ina locked oaoe, behind counters out ofreach of customers, or in a similar location that is inaccessible to cun0omem, requiring seller assistance for the customer to obtain access. D. No person shall use any electronic smoking device to deliver an inhaled dose of nicotine or other substances while located in any place where smoking is prohibited by state |aw, including but not limited to California Labor Code § 6404.5. California Government Code §§7590-7508. and California Health and Safety Code §§ 104495. 1596785. and 1596.890. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this paragraph. 5.75.35 Drug Paraphernalia A. Except as otherwise authorized by |aw, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold furnished, transferred,or given away. B. For purposes of this Chapter, "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 futuna." Section 2. |f any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be inva|id, such invalidity shall not affect the validity of the remaining portions of this ordinance ur any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each uenUon, oubneohon, mubdivimion, ponagmph, eanbence, clause or phrase hereuf, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 3. Ordinance No. 1632'U is superseded by this Ordinance and shall have no further effect. Section 4. The Qty 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 bylaw. PASSED. APPROVED AND ADOPTED by the Seal Beach Qh/ Council at a regular meeting held on the______day of . 2U13. Mayor ATTEST: City Clerk Ordinance Number 1636 STATE OF CALIFORNIA � COUNTY OFORANGE )SS CITY OF SEAL BEACH } |. Linda Devina, City Clerk of the City of Seal Beaoh, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the Z7lh--dayof_January . 2O14 and was passed, approved and adopted by the City Council ata regular meeting held nn the dayof . 2014 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And du hereby further certify that Ordinance Number_1{%}6has been published pursuant to the Seal Beach City Charter and Resolution Number 283G. City Clerk