The purpose of this chapter is to establish regulations for smoking lounges within the city of Whittier for the purpose of protecting the public's health, safety and welfare while eliminating or mitigating the undesirable land-use impacts associated with smoking lounges.

(Ord. No. 2937, § 1, 8-25-09)

For the purpose of this chapter, a "smoking lounge" means any facility or location whose business operation, whether as its principal use or as an accessory use, is denoted by the on-site smoking or inhaling of tobacco or any other substances.

(Ord. No. 2937, § 1, 8-25-09)

A.

It is unlawful for any entity or business to engage in, conduct, or carry on, in or upon any premises within the city of Whittier, a smoking lounge in the absence of an approved conditional use permit pursuant to the provisions contained within this chapter and all other applicable provisions of the Whittier Municipal Code.

B.

Prior to the establishment of any smoking lounge within the city, a conditional use permit shall be granted for said use pursuant to the provisions contained within Chapter 18.52 (Variances and Conditional Use Permits) of the Whittier Municipal Code.

C.

Any increase in the maximum building occupancy rate or physical expansion to the floor area of an existing smoking lounge shall require the prior review and approval of a new or modified conditional use permit.

(Ord. No. 2937, § 1, 8-25-09)

A.

Locations allowed:

Smoking lounges may be conditionally permitted within the C-1, C-2, C-3, and any "M" zone, including any location specifically designated for a smoking lounge (or an equivalent use) within a specific plan.

No smoking lounge may be located within five hundred feet of another smoking lounge nor within two hundred fifty feet of any medical marijuana dispensary (including collectives and cooperatives), park, arcade, pre-school, school (except trade schools) or daycare facility in the city of Whittier.

B.

No outdoor seating or gather space for smoking is permitted. All smoking related activities shall occur indoors. Outdoor seating may be permitted for the consumption of food and beverages or for non-smoking gathering space only.

(Ord. No. 2937, § 1, 8-25-09)

A.

All smoking lounges shall comply with the following operational requirements:

1.

There shall be no on-site smoking or inhaling of any illegal or prescription drug or substance at any time.

2.

No smoking lounge shall operate as a medical marijuana dispensary, collective or cooperative at any time. In addition, no smoking lounge may operate as a primary care provider for the cultivation, transportation or distribution of medical marijuana or related paraphernalia products.

3.

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

4.

No person under eighteen years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed.

5.

No live entertainment shall be permitted within a smoking lounge unless approved under a conditional use permit, as contained within Chapter 18.52 (Variances and Conditional Use Permits) of the Whittier Municipal Code.

6.

No alcoholic beverages shall be served or sold for on-site consumption without the prior review and approval of a conditional use permit pursuant to Chapter 18.52 (Variances and Conditional Use Permits) of the Whittier Municipal Code.

7.

No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises. Any proposed window tinting shall be approved in advance by the police chief. All signs shall comply with Section 18.76 of the Whittier Municipal Code.

8.

The interior of the business shall maintain adequate illumination to make the conduct of patrons and employees within the premises readily discernable. The actual lighting level shall be approved in advance by the police chief and maintained during all hours of operation.

9.

No arcade (five or more amusement machines), as defined in Section 18.06.030 (Definitions) of the Whittier Municipal Code, shall be permitted anywhere within the business.

10.

Parking shall be provided using the standards contained in Section 18.48.020.2.2(B) (Restaurant) of the Whittier Municipal Code, unless alternative parking standards are provided specifically for a smoking lounge within any applicable specific plan area where the smoking lounge is located.

11.

The maximum occupancy limit of a smoking lounge shall not exceed the lesser of:

a)

That established by the Los Angeles County Fire Department or;

b)

As a specific condition of approval for the conditional use permit approved for the facility pursuant to this chapter.

12.

The business shall be in compliance with all other city, state, and federal laws at all times, including all California Occupational Safety and Administration (Cal OSHA) requirements. Should any conflict arise, the director of community development shall determine which law shall prevail.

13.

Smoking advertisements, products, paraphernalia, and promotions shall not be located within six feet of a business window.

14.

The sale or rental of any smoking devices (i.e., pipes, hookahs etc.) shall comply with all California Health and Safety Codes at all times.

15.

No patron or customer shall be permitted to bring onto the premises a hookah at any time.

16.

Plans shall be submitted to the approval authority that demonstrate compliance with the following:

a.

Furnishings shall not encroach into any public right-of-way, required pedestrian access way, landscaping or parking area at anytime.

b.

All required emergency access/exits and fire lanes shall be provided and maintained at all times, as determined by the County of Los Angeles Fire Department.

c.

Outdoor portable or non-fixed furnishings shall not be set up outside the smoking lounge more than one-half hour prior to the opening of business and shall be removed no later than one-half hour after closing. Permanent or fixed furnishings may remain overnight, but shall be cleaned upon closing.

d.

Outside furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building and reviewed and approved by the director of community development prior to installation.

e.

Adequate trash receptacles shall be provided on-site at all times. The design, color and material of the trash receptacle(s) shall be compatible with the building.

f.

The smoking lounge owner and operator shall be responsible for the removal of all trash, debris, spilled food or beverage items in a timely manner. In addition, all outdoor seating area(s) shall be maintained in a clean, sanitary, and trash-free manner at all times.

g.

The interior of the smoking lounge shall be configured such that there is an unobstructed view of every smoking area on the premises. No public area shall be visually obscured or enclosed by a door, curtain, wall, two-way mirror or any other such method. In addition, there shall be no private rooms within a smoking lounge.

h.

Full height walls from the ground to the underside of the deck/ceiling above shall be provided to separate the smoking lounge from any other contiguous business.

i.

Separate return, supply and condensation air for heating, ventilation and air conditioning (HVAC) systems shall be provided for every smoking lounge to prevent fugitive smoke from entering into an adjacent tenant suite or building.

j.

All smoking lounges must be located within buildings provided with an approved National Fire Protection Agency 13 (NFPA 13) automatic fire suppression system.

k.

The business shall comply with all fire and building code requirements at all times.

l.

All entry and exit doors to the business shall remain closed at all times, except for the ingress and egress of patrons and employees.

(Ord. No. 2937, § 1, 8-25-09)

A.

Each conditional use permit application for a smoking lounge shall include:

1.

All application submittal fees;

2.

A site plan with all applicable items and information listed on the city's conditional use permit/development review application checklist;

3.

A floor plan with all applicable items and information listed on the city's conditional use permit/development review application checklist;

4.

Elevations of all proposed exterior modifications. All applicable items on the city's conditional use permit/development review application checklist shall be submitted or included on each elevation;

5.

A complete written description of all aspects of the proposed operation including (but not limited to): the hours of operation, number of employees on each shift; and the proposed interior and exterior improvements with sufficient detail to demonstrate the quality and character of the establishment;

6.

The legal name, residence, address and telephone number of the owner(s) and applicant(s) of the proposed establishment making application;

7.

The exact nature and location of the activity for which the conditional use permit is requested and an estimate of the maximum number of patrons to be served at the establishment during full capacity;

8.

All goods, services, and products offered on-site;

9.

A security plan for the control of pedestrian and vehicular traffic and to prevent unlawful conduct;

10.

A vicinity map identifying the location of the proposed business and all surrounding land uses within a five hundred-foot radius around the proposed establishment and;

11.

All other details and information deemed necessary to evaluate the proposed project application, as determined by the director of community development.

B.

Submitting false information on the application shall constitute grounds for denial of the conditional use permit or future revocation of any approved conditional use permit.

(Ord. No. 2937, § 1, 8-25-09)

A.

In addition to the findings contained within Section 18.52.040(B) of the Whittier Municipal Code, the following findings shall be required for every smoking lounge approved within the city of Whittier. In all cases, the applicant shall have the burden of proof to show the approval authority, by relevant evidence, the existence of facts which support the conclusion that the standards, as set forth in this section, are met:

1.

The smoking lounge is consistent with the goals and objectives of the general plan, and any applicable specific plan.

2.

The smoking lounge will not impair the integrity and character of the subject zoning district, and will comply with the provisions of this chapter and all other applicable city, state and federal regulations.

B.

Any decision to deny a request to establish, construct or modify a smoking lounge shall be supported by evidence contained in the written record documenting why the smoking lounge cannot be approved, as detailed within Section 18.52.100 of the Whittier Municipal Code.

C.

Any request to appeal a decision to approve or deny a smoking lounge application shall comply with the requirements contained within Section 18.52.120 and 18.52.130 of the Whittier Municipal Code.

(Ord. No. 2937, § 1, 8-25-09)

A.

Any smoking lounge lawfully existing as of the effective date of this chapter that becomes nonconforming by reason of the adoption of this ordinance shall be brought into full compliance with the provisions of this chapter not later than fifteen years following the effective date of this chapter.

B.

No lawfully existing smoking lounge shall be deemed to be nonconforming, for purposes of this section, for failure to comply with the location and parking requirements or the prior establishment of an outdoor patio smoking area established for such use under this chapter unless the smoking lounge is terminated for any reason or voluntarily discontinued for a period of at least ninety consecutive calendar days or more following the effective date of the adoption of this chapter.

(Ord. No. 2937, § 1, 8-25-09)

Modifications or waivers to the standards and provisions contained within this chapter may be granted by the planning commission, subject to the approval of a conditional use permit, if it is determined that the standards and/or provisions which are being requested to be altered or waived will not impact the public health, safety and welfare and are not contrary to the general purpose and intent of this chapter. Waivers may not be given for noncompliance with the provisions contained within Chapter 18.62 (Nonconforming Uses, Structures and Sites) of the Whittier Municipal Code unless noted otherwise within this ordinance.

(Ord. No. 2937, § 1, 8-25-09)

Except as provided in this chapter, the provisions of Chapter 18.62 (Nonconforming Uses, Structures and Sites) of the Whittier Municipal Code shall be applicable to all business establishments with smoking lounges. In the event any conflict between the provisions of this chapter and the provisions of Chapter 18.62, the provisions of this chapter shall control.

(Ord. No. 2937, § 1, 8-25-09)

A.

The following conditions shall trigger the scheduling of a public hearing before the appropriate approval authority to determine whether or not the conditional use permit issued to the business for operating a smoking lounge shall be revoked or modified:

1.

Issuance of three or more collective administrative or criminal notices of violation or citations within a twelve-month period from any combination of the fire marshal, building official, code enforcement, and/or the police department. However, the police chief, director of community development, or the appropriate approval authority may require immediate review at anytime due to a particular incident.

2.

The imposition of any disciplinary action or finding of violation by the department of alcoholic beverage control, if alcoholic beverages are sold for on-site consumption.

B.

The city of Whittier does not want to discourage business owners or others from contacting the police department or any other emergency service provider when warranted. Therefore, the number of emergency calls for service to the Whittier Police Department may not necessarily be used as the singular basis for concluding that a business is operating as a nuisance.

C.

The approval authority may revoke a conditional use permit following the procedures set forth in Section 18.52.160, based on any one or more of the following findings:

1.

That the conditional use permit was approved based on information that was erroneous, fraudulent, misleading or misrepresented, regardless of the intent of the entity that obtained the conditional use permit;

2.

That the condition(s) of approval adopted under the conditional use permit for the smoking lounge have been violated in whole or in part;

3.

Local, state and/or federal law was violated;

4.

The establishment for which the permit was issued is being operated in an illegal, unpermitted or disorderly manner;

5.

The noise generated from the establishment violates the City's Noise Ordinance;

6.

The smoking lounge has had or is having an adverse impact on the public health, safety, peace, and/or general welfare;

7.

The smoking lounge has ceased to exist for at least ninety calendar days or more by reason of voluntary abandonment.

(Ord. No. 2937, § 1, 8-25-09)

A.

Any conditional use permit for a business with a smoking lounge may be summarily revoked following a public hearing thereon if the use is discontinued for at least ninety consecutive calendar days. The approval authority shall hold a noticed public hearing to consider the revocation pursuant to Section 18.52.160 of the Whittier Municipal Code.

B.

Any violation to this chapter shall be prosecuted as a misdemeanor.

(Ord. No. 2937, § 1, 8-25-09)