The city council finds that smoking and vaping uses have with the potential for resulting in increases in noise, loitering, odors, public nuisances, and disturbances of the peace. The city council also finds that smoking and vaping uses expose minors to secondhand byproducts and increase the potential for minors to associate smoking and vaping with a normative or healthy lifestyle. The purpose of this article is to mitigate the negative impacts associated with smoking and vaping uses in order to serve the public health, safety, and welfare of residents and businesses within the city.

(Code 1985, § 17.78.010; Ord. No. 550, 4-11-2016)

A.

Smoking lounges and smoking/vaping retailers are subject to the review and approval procedures applicable to uses permitted with the C-1, C-2, and C-H zones and the operational and development standards contained in this chapter.

B.

Establishment of a smoking/vaping retail business within 1,000 feet of a public or private primary or secondary educational school facility is strictly prohibited.

(Code 1985, § 17.78.020; Ord. No. 550, 4-11-2016)

The distance shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest property line of the lot of a smoking or vaping business establishment to the other specified property.

(Code 1985, § 17.78.030; Ord. No. 550, 4-11-2016)

The following operational and development standards shall apply to all smoking lounges in the city:

A.

Exemption. The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Labor Code § 6404.5.

B.

Compliance. The establishment shall operate in compliance with all applicable federal, state, county, and local laws, rules, regulations, and ordinances relating to the protection of health, safety, and welfare.

C.

Minors prohibited. No persons under 18 years of age shall be permitted within any area of the business premises where smoking is allowed. Owners and operators of the establishment shall require identification to verify the age of customers.

D.

Employees. Employees shall be at least 18 years of age.

E.

Occupancy. The number of individuals inside the premises shall not exceed the lesser of:

1.

The occupancy limit established by the fire department and/or building official; or

2.

An occupancy limit established as a condition of the permit.

F.

Admission charges prohibited. No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.

G.

Security. Uniformed security guards shall be provided, as deemed necessary by the chief of police or the chief's designee.

H.

Alcoholic beverages prohibited. No alcoholic beverages shall be consumed on the business premises, unless expressly authorized by permit from the city. The business shall not knowingly allow any person in possession of an open container of alcohol, or, consuming, using or under the influence of, any alcoholic beverage to enter or remain upon the premises of the business.

I.

Illumination. The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.

J.

Ventilation required. Adequate ventilation shall be provided in accordance with all requirements imposed by the building official and fire department, or as otherwise required by state or federal laws. At a minimum, the ventilation system shall also ensure that smoke from the establishment is incapable of migrating into adjacent tenant buildings/suites or outdoors. Smoking lounges that include the indoor heating of coals shall install a mechanical exhaust hood system to provide required ventilation.

K.

Noise. Any amplified noise generated by the business shall be subject to the noise limitations specified in chapter 8.12 (noise control). In addition, the business shall not willfully make or continue, or cause to be made or continued, any excessive or unreasonable noise, which disturbs the peace or quiet of any property within the city or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.

(Code 1985, § 17.78.040; Ord. No. 550, 4-11-2016)