Artesia City Zoning Code
ARTICLE 47
Smoke Shops Prohibited
§ 9-2.4701 Definitions.
"Smoke Shop"
means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop" and shall not be subject to the restrictions in this article.
(Ord. 24-961, 1/13/2025)
§ 9-2.4702 Smoke Shops Prohibited.
No person shall operate a smoke shop anywhere in the City, unless explicitly permitted as provided in this article.
(Ord. 24-961, 1/13/2025)
§ 9-2.4703 Exceptions.
(a)
The one smoke shop that is authorized to operate within the City, as referenced in Ordinance No. 961 (the "Existing Smoke Shop"), shall be considered a legal nonconforming use and shall be permitted to continue operating within the City subject to the provisions of this article.
(b)
The Existing Smoke Shop shall be permitted only in the C-G general commercial zone, pursuant to the applicable regulations and standards within Article 32 of this chapter and any applicable Federal and/or State laws.
(c)
The Existing Smoke Shop shall only be granted one opportunity to relocate within the C-G general commercial zone, subject to the applicable regulations and standards within Article 32 of this chapter and any applicable Federal and/or State laws. Upon its one-time relocation, the Existing Smoke Shop will maintain its legal nonconforming status. Any additional location changes shall terminate the Existing Smoke Shop's legal nonconforming use status.
(d)
As long as the Existing Smoke Shop remains in its current location, it shall be subject to the provisions of Article 21 of Chapter 2 of Title 9, "Nonconforming Uses" and subject to the provisions of this article. If the Existing Smoke Shop exercises its right to relocate, once, it shall continue to be subject to the provisions of Article 21 of Chapter 2 of Title 9, "Nonconforming Uses" throughout its establishment at its new location.
(Ord. 24-961, 1/13/2025)
§ 9-2.4704 Enforcement.
The City shall be authorized to enforce this article by all legal means, including administrative, civil, and criminal remedies.
(Ord. 24-961, 1/13/2025)
