A.

The purpose of this chapter is to discourage the use of tobacco products by children by limiting the potential adverse direct and secondary effects of a tobacco retailer operating in close proximity to schools. The adverse health effects of smoking and secondhand smoke are well documented by numerous public health agencies, including the United States Food and Drug Administration, the World Health Organization, and the Tobacco Related Disease Research Program. These same organizations have published studies on smoking by youth under the age of eighteen including these statistics:

• Eighty-eight percent of adult daily smokers smoked their first cigarette before the age of eighteen.

• Each day in the United States three thousand two hundred youth under eighteen smoke their first cigarette.

• Each day in the United States seven hundred youth under eighteen become daily cigarette users.

B.

Electronic/vapor inhalation of substances ("vaping"), with or without nicotine, is a rapidly growing trend, especially among youth pursuant to recent studies by public health agencies. Most local, state and federal laws only address traditional tobacco smoking. Although state law prohibits the sale of electronic cigarettes to minors (California Health and Safety Code Section 119405), it does not prohibit minors from possessing or using e-cigarettes. Public health research is ongoing and there is growing concern and some evidence that this type of behavior is unhealthy. Additionally, the effects of secondhand vapor are not fully understood and are dependent on the chemical makeup of the substance being inhaled.

(Ord. No. 1044, § 2, 9-8-2015)

As used in this chapter, the following terms shall be ascribed the following meanings:

A.

"Electronic smoking device" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes 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" includes any component, part, or paraphernalia of such a product, including but not limited to cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, ESD batteries, and ESD chargers, whether or not it is sold separately.

B.

"Smoking room" or "smoking lounge" means a room which is specifically provided and furnished for smoking, generally in buildings where smoking is otherwise prohibited.

C.

"Tobacco product" means any product containing, made or derived from tobacco or contains nicotine from any source that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. "Tobacco product" includes, but is not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, creamy snuff, dipping/chewing tobacco, flavored tobacco, tobacco water, tobacco paste, gutka, kretek, shisha, roll-your-own cigarettes, cigarette or cigar rolling papers, pipes, or electronic smoking devices. "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 and is being marketed and sold solely for that approved purpose.

D.

"Tobacco retailer" means any person, retail establishment, or any other legal entity who sells, distributes, or delivers to any person(s), for any form of consideration, tobacco products, including electronic smoking devices as defined in this section, and 1) tobacco products sales, distribution or delivery accounts for more than fifty percent of the business income, or 2) the business is advertised as a tobacco shop, smoke shop, or has a similar business identification relating to a tobacco retailer.

(Ord. No. 1044, § 2, 9-8-2015)

A tobacco retailer is allowed as otherwise permitted in this title provided that the tobacco retailer complies with all other locational regulations of this section. No tobacco retailer shall be located, established nor operated within one thousand feet of any developed or designated public, private or charter school providing primary or secondary education, or within one thousand feet of any preexisting tobacco retailer. For purposes of this subsection, "designated" means a parcel that is general plan designated, zoned, or that has been conditionally permitted to conduct such use. The separation distances required by this chapter shall be measured from parcel line to parcel line.

(Ord. No. 1044, § 2, 9-8-2015)

Existing tobacco retailers that were lawfully operating at the time of the effective date of this chapter which do not meet the locational requirements of Section 17.69.030 may continue as a legal nonconforming use until such time as the use is abandoned for a period of ninety continuous days, whether or not there was the intent to abandon such use. Such nonconforming uses shall not be enlarged, expanded, or extended.

(Ord. No. 1044, § 2, 9-8-2015)

Any smoking room or smoking lounge shall provide ventilation and filtration in accordance with all requirements imposed by the Rocklin Building and Fire Safety Regulations, or as otherwise required by state or federal law, or as required to ensure the ventilated secondhand smoke is sufficiently neutralized at the property line of adjacent parcels so that a person of normal sensitivity would not detect the secondhand smoke.

(Ord. No. 1044, § 2, 9-8-2015)