Chapter 18.33 — SMOKE SHOPS AND SMOKING LOUNGES

The following words and phrases, wherever used in this chapter shall have the meaning defined in this section unless the context clearly requires otherwise:

"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" 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 description.

"Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.

"Hookah" means glass or metal water pipe usually decorated and shaped somehow like a bottle or small tank with a long flexible core pipe also known as a sisha, nargile, hubble, bubble, nag, or Turkish water pipe.

"Hookah lounge" means an area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use hookahs, but does not include private use of hookahs in any personal residence, if otherwise in compliance with applicable law.

"Tobacco paraphernalia" means any device, product, equipment or material of any kind that intended or designed for use for smoking, inhaling or ingesting tobacco, notwithstanding that the device, product, equipment or material may also be used for smoking, inhaling or ingesting any controlled substances. Tobacco paraphernalia includes but is not limited to metal, ivory, wooden, or acrylic, glass, stone, plastic or ceramic pipes; water pipes, bongs, cigarette papers or wrappers, cigarette rolling machines, blunt wraps as defined in Section 308 of the Penal Code, hookahs or similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested.

"Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; and any product or formulation of matter containing biologically detectable amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.

"Smoke shop" means a retail or wholesale business or any person that sells, offers for sale or offers to exchange for any form of consideration, tobacco, tobacco products, electronic smoking devices or electronic smoking device paraphernalia or tobacco paraphernalia and has fifteen percent or more of its square feet in the establishment used for the sale or display of tobacco, tobacco products or tobacco paraphernalia, electronic smoking devices or electronic smoking paraphernalia or advertising.

"Smoking lounge" means a commercial establishment or portion thereof where electronic smoking devices, tobacco products, tobacco paraphernalia, hookah pipes or any of these are used by persons on the premises, but does not include any private residence.

(Ord. No. 2019-03, § 1, 3-7-2019)

A.

Conditional Use Permit. Smoke shops and smoking lounges shall only be permitted in the central trading, C-4, general commercial, C-5 or manufacturing (M-1) zones of the city and shall be subject to the issuance, existence and validity of a conditional use permit as provided for in Chapter 18.38 of Title XVIII of this code (commencing with Section 18.38.010) and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:

That the proposed use is either a smoke shop or smoking lounge as defined in Section 18.33.010 of this chapter;

That the establishment of the proposed use is compatible with surrounding uses;

That the proposed use does not have a detrimental effect on the public health, safety or general welfare.

B.

Locational and Operational Requirements. Smoke shops and smoking Lounges shall comply with the following requirements:

The use is being established outside of three hundred feet of a residential zone of the city, or any kindergarten, elementary school, middle school, high school, public library, church or public park or any other smoke shop or smoking lounge;

Written approval from the property owner where such use is to be established, authorizing same;

Each smoke shop and smoking lounge shall hold a valid California cigarette and tobacco products retailer's license issued by the state board of equalization, in accordance with state law, which shall be prominently displayed in a publicly visible location at the establishment;

Each smoke shop and smoking lounge shall have an on-site manager who is a minimum of twenty-one years of age;

No person who is younger than the minimum age of twenty-one years shall be permitted to sell, display, market, barter, trade, or exchange any combination of tobacco, tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia.

(Ord. No. 2019-03, § 1, 3-7-2019)

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 or transferred or given away. For the purposes of this section, the word "drug paraphernalia" shall be defined by reference to the California Health and Safety Code § 11014.5, as it now exists or may hereinafter be amended.

(Ord. No. 2019-03, § 1, 3-7-2019)