Selma Municipal Code Ch. 24 Smoke Shops and Smoking Lounges

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

ELECTRONIC SMOKING DEVICE: 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 descriptor.

ELECTRONIC SMOKING DEVICE PARAPHERNALIA: 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: 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 shisha, nargile, hubble bubble, nag, or Turkish water pipe.

HOOKAH LOUNGE: An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include private use of hookahs in personal residences, if otherwise in compliance with applicable law.

SMOKE SHOP: 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 ten percent (10%) 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: 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.

TOBACCO PARAPHERNALIA: Any item designed or marketed for the consumption, use, or preparation of Tobacco Products.

TOBACCO PRODUCT:

(A) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; or

(B) Qny electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

(C) Notwithstanding any provision of subsections (A) and (B) to the contrary, "Tobacco Product" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately.

"Tobacco Product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. (Ord. 2016-02, 3-7-2016; amd. Ord. 2022-1, 3-21-2022)

(A) Conditional Use Permit: Smoke shops and smoking lounges shall only be permitted in the C-3, M-1 or M-2 zones of the city and shall be subject to the issuance, existence and validity of a conditional use permit as provided for in title XI, chapter 16 of this code (commencing with section 11-16-1 of this code) 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:

1. That the proposed use is either a "smoke shop" or "smoking lounge" as defined in section 5-24-1 of this chapter;

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

3. 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:

1. The use is being established outside of six hundred feet (600') of a residential zone of the city, or any public or private daycare, kindergarten, elementary school, middle school, high school, public library, church or public park or any other smoke shop or smoking lounge;

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

3. 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;

4. Each smoke shop and smoking lounge shall have an on site manager who is a minimum of twenty one (21) years of age;

5. No person who is younger than the minimum age of eighteen (18) 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;

6. A fully functional color digital video camera system must be in place to record the activities of the premises. Each smoke shop and smoking lounge owner/operator along with staff are required to consult with and comply with directions of the Selma police department for placement of such equipment. The camera storage capacity should be for at least one week (7 calendar days), and a minimum of one terabyte (TB). The system must continuously record, store, be capable of playing back images and be fully functional at all times. Any recordings of criminal activity shall be provided to the Selma police department within twenty four (24) hours of the initial request;

7. All other applicable requirements of the provisions of this code, including, but not limited to, title XI, chapter 28 of this code relating to signs, will be observed. (Ord. 2016-02, 3-7-2016)

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 section 11014.5, as it now exists or may hereinafter be amended. (Ord. 2016-02, 3-7-2016)

Prior to the effective date of this chapter, a smoke shop or smoking lounge lawfully existing and holding a valid business license in the city of Selma, may remain in existence until such time as there is a substantial change in the mode or character of operation. For purposes of this section, a substantial change of mode or character of operation shall include, but not be limited to, structural changes by expansion of usable floor space or remodeling, a pattern of conduct violates any other law or provision of this code, or a period of closure for more than thirty (30) days. Transfers of ownership shall not be considered a substantial change of mode or character of operation. When a substantial change of mode or character of operation occurs, lawfully existing smoke shops and smoking lounges must obtain a conditional use permit and shall be otherwise subject to all of the provisions of this chapter and may not be reestablished unless there is full compliance with all of the provisions of this chapter. Prior to the effective date hereof, an inventory of existing smoke shop and smoking lounges shall be conducted by city staff and filed with the community development department. Upon completion of the inventory, only those businesses listed in the inventory shall be deemed to be smoke shops or smoking lounges lawfully existing as set forth in this section. (Ord. 2016-02, 3-7-2016)