Seal Beach Municipal Code Ch. 5.75 Smoke Shops, Electronic Smoking Devices, and Drug Paraphernalia

For the purposes of this chapter, the following words and phrases shall mean:

Electronic Smoking Device:

an electronic 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 nicotine or other substances used in any such device and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, pipe, hookah or any other device or product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.

Smoking:

possessing, using, or lighting of a lighted tobacco product or tobacco paraphernalia (including, but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or using an electronic smoking device.

Smoke Shop:

an establishment where the primary use is the wholesale or retail sale, distribution, or exchange of electronic smoking devices, tobacco products, tobacco paraphernalia, or any combination of these.

Smoking Lounge:

an establishment where electronic smoking devices, tobacco products, tobacco paraphernalia, or any of these are used by persons on the premises.

(Ord. 1632U; Ord. 1636)

It is unlawful for any person to establish or operate a smoke shop without first obtaining a conditional use permit pursuant to Chapter 11.5.20.

(Ord. 1632U; Ord. 1636)

Smoking lounges are prohibited.

(Ord. 1632U; Ord. 1636)

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, countertop, 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 Section 6404.5, California Government Code Sections 7596 through 7598, and California Health and Safety Code Sections 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 subsection.

(Ord. 1632U; Ord. 1636)

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.

(Ord. 1632U; Ord. 1636)