HomeMy WebLinkAboutCC AG PKT 2014-02-10 #D AGENDA STAFF REPORT
DATE: February 10, 2014
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE
1636 REGARDING SMOKE SHOPS, ELECTRONIC
SMOKING DEVICES, AND DRUG PARAPHERNALIA
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt 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 January 27, 2014 City Council meeting, the City Council introduced
Ordinance No. 1636. It is now appropriate to consider second reading and adopt
the subject ordinance.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed the ordinance and approved as to form.
FINANCIAL IMPACT:
There is no financial impact related to this item.
Agenda Item — Q
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinance No. 1636.
IEMITTED BY: NOTED AND APPROVED:
Him Basharn J(ll Ingram, City an ger
er
lirector 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 ABFOLLOWS:
Section 1. Chapter 5.75is hereby added to the Seal Beach Municipal Code to
read aafollows:
"Chapter 5.75
Smoke Shops, Electronic Smoking Devices.
and Drug Paraphernalia
§5'75.085 Definitions
For the purposes of this Chapter, the following words and phrases
shall mean:
A. on electronic or battery-
operated device, the use of which may resemble smoking, that can
be used 0o deliver mn inhaled dose of nicotine or other substances.
The term includes nicotine or other substances used in any such
device and includes any such device, whether manufeuured,
diathbutod, markoted, or sold aman electronic cigarette,a+cignnaMe.
electronic cigar, electronic cigarillo, pipe, hookah or any other
device or product name or descriptor. The hann does not include
any medical inhaler prescribed bye licensed doctor.
B. Smoking: possessing, using, or lighting of o lighted
iubonno product ortobacco paraphernalia (including but not limited
to. a lighted pipe, lighted hookah pipe. lighted cigar, or lighted
cigarette uf any Nnd).or using an electronic smoking device.
C. Smoke shop: an establishment where the primary use
is the wholesale or retail sale,distribution, or exchange cfelectronic
smoking devices, tobacco pnoducts, tobacco parophamn|io, or any
combination ofthese.
D. on establishment where electronic
smoking dov|oox, tobacco products. tobacco paraphernalia, or any
of these are used by persons on the premises.
§5.75.018 Smoke Shpps—ConditipmoUUsePerrmit Required
it is unlawful for any person to establish or operate a smoke shop
without first obtaining o Conditional Use Permit pursuant(oChapter
11.5.20.
§ 5'T5'015 Smoking Lounges Prohibited
Smoking lounges are prohibited,
Ordinance Number 1636
§5.75.020 Electronic Smoking Devices — Additional
Regulations
A. No business, establishment, or owner or employee
thereof shall sell, give, or furnish any electronic 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.
B. The sale or display of electronic smoking devices by
means of a self-service display, counter-top, or shelf that allows
any self-service customer access is prohibited. For these
purposes, "self-service display" means the open display or storage
of electronic smoking devices in a manner that is physically
accessible in any way to the general public without the assistance
of a retailer or employee of a retailer. A vending machine is a form
of self-service display.
C. All electronic smoking devices shall only be offered
for sale by means of seller assistance and shall be stored only in a
locked case, behind counters out of reach of customers, or in a
similar location that is inaccessible to customers, 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 law,
including but not limited to California Labor Code § 6404.5,
California Government Code §§7596-7598, and California Health
and Safety Code §§ 104495, 1596.795, 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.
§5.75.025 Drug Paraphernalia
A. Except as otherwise authorized by law, 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 future."
Section 2. 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 3. Ordinance No. 1632-U is superseded by this Ordinance and shall
have no further effect.
Section 4. 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 1838
PASSED. APPROVED AND ADOPTED by the Seal Beach City Council at
regular meeting held on the 10th_day of February . 2014.
Mayor
ATTEST:
City Clerk
STATE 0FCALIFORNIA �
COUNTY OFORANGE )SS
CITY OF SEAL BEACH }
|. Undo Devine, City Clerk of the City of Seal Baaoh, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the_2Zth L_dayof_lalua[y__. 2O14 and was passed, approved and adopted by
the City Council oto regular meeting held un the 1{>8 day cf February 2014
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1636 has been published
pursuant hothe Seal Beach City Charter and Resolution Number 2830.
City Clerk