Wasco Municipal Code Ch. 8.56 Limitation on Tobacco Shops and Prohibition of Hookah

BARS

Sections: 8.56.010 Legislative findings and statement of purpose. 8.56.020 Definitions. 8.56.030 Prohibited activities. 8.56.040 Limitation on tobacco shops.

8.56.050 Public nuisance. 8.56.060 Violations.

The city council finds that:

A. The U.S. Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases.

B. The National Institute on Drug Abuse has concluded that there is a strong correlation between drug use and violence and that hookah bars and tobacco shops promote the use of illegal or illicit drugs.

C. Strong legislative action is needed to curtail the wide availability of all types of paraphernalia, tobacco and tobacco products. (Ord. 672 §1, 2016).

For purposes of this chapter, the following definitions shall apply:

A. "Electronic smoking device" means an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substance. "Electronic smoking devices" include any such electronic smoking 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" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

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

C. "Hookah bar" means a business location that provides for the ingestion, inhalation or consumption of tobacco or tobacco products by way of an apparatus which includes, but is not limited to, the following parts: a water vessel, a bowl for holding combustible tobacco or tobacco products and an inhalation hose or tube.

D. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wrap, pipes, holders of smoking materials of all types, cigarette rolling machines or other instruments or things designed for the smoking or ingestion of tobacco products.

E. "Tobacco product" means any product containing tobacco leaf, including, but not limited to, bidis, chewing tobacco, cigarettes, cigars, dipping tobacco, pipe tobacco, snuff, or any other preparation of tobacco.

F. "Tobacco shop" shall mean any retail use in which at least fifteen percent of its floor space is devoted to the sale, distribution, furnishing or marketing of tobacco, tobacco products, tobacco paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia or which derives at least fifty percent of its income from the sale of the foregoing. (Ord. 672 §1, 2016).

It is unlawful for any person, business or other entity to operate a hookah bar. (Ord. 672 §1, 2016).

The number of business licenses issued by the city for tobacco shops shall not exceed one business license for every thirty thousand people residing in the city. (Ord. 672 §1, 2016).

Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 672 §1, 2016).

Any violation of this chapter shall be punishable as provided in Section 1.08.010 or any successor section thereto. (Ord. 672 §1, 2016).