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HomeMy WebLinkAbout2018-04ORDINANCE NO. 2018-04 AN INTERIM URGENCY ORDINANCE ADOPTING A 45 DAY MORATORIUM ON THE ESTABLISHMENT OF TOBACCO RETAILING BUSINESSES OR HOOKAH OR VAPOR LOUNGES WITHIN THE TOWN OF DANVILLE The Danville Town Council does ordain as follows: SECTION 1. FINDINGS. In enacting this ordinance, the Town Council makes the following findings: 1. The Town of Danville has previously adopted legislation aimed at discouraging the unlawful sale of tobacco products to minors (Town Ordinance No. 99-06). 2. In July of 2017, Contra Costa County adopted legislation aimed at limiting sales of tobacco products to minors in the unincorporated area of the County. That legislation included limits on new tobacco retailers, hookah lounges and vaping lounges. 3. In adopting this legislation, the County Board of Supervisors also adopted findings regarding the link between the presence of tobacco retailers near schools and the incidence of smoking by high school students. 4. The Town does not currently regulate the location of tobacco retailers. 5. At least two new tobacco and tobacco paraphernalia retailers have recently opened in Town, in locations proximate to schools or libraries. 6. The Town's Planning Division has received inquiries from potential operators of hookah lounges looking to open for business in the Downtown Business District. 7. The Town requires time to study what legislative steps might be appropriate to regulate the location of new tobacco retailers in order to protect the public health. 8. Government Code Section 65858 allows cities to protect the public health, safety and welfare by adopting interim emergency moratoria in order to allow time to study whether certain land uses should be allowed, prohibited or regulated under the city's zoning ordinance. 9. Based on the evidence presented in a public hearing, the Danville Town Council finds that it is necessary to adopt an urgency interim moratorium banning new tobacco retailers, hookah lounges or vapor lounges, as defined in this ordinance, in order to allow for time to study any necessary zoning amendments regulating this use on a permanent basis. SECTION 2. IMPOSITION OF MORATORIUM A. In order to ensure the immediate protection of the public health, safety and welfare in accordance with Government Code Section 65858 and based on the findings set forth above in Section 1 of this Ordinance as well as additional verbal and written information presented to the Town Council, a moratorium is hereby placed on the establishment of a new Tobacco Retailing Business, Hookah Lounge or Vaping Lounge, as defined below. B. This moratorium shall become effective on the date of adoption of this Ordinance and shall remain in effect for 45 days, unless extended by the Town Council as provided for in Government Code Section 65858. C. For purposes of this Ordinance, the following definitions shall apply: 1. "Tobacco Retailing Business" shall mean any retail business in which tobacco products, tobacco paraphernalia or both are sold, offered for sale or exchanged or offered for exchange, either as a primary or ancillary use. 2. "Tobacco Product" shall mean any of the following: i. Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff. ii. Any electronic smoking device. 3. "Tobacco paraphernalia" shall mean any item designed or marketed for the consumption, use or preparation of tobacco or cannabis products. 4. "Hookah Lounge" shall mean any facility, building, structure, or location where customers smoke tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah or waterpipe). 5. "Vapor Lounge" shall mean any facility, building, structure, or location where customers use one or more electronic smoking devices to deliver an inhaled dose of nicotine or other substance within the establishment. D. This moratorium shall apply to the issuance of any general plan amendment, zoning amendment, conditional use permit, certificate of occupany, building permit or any other entitlement issued by the Town of Danville for the establishment of a Tobacco Retailing Business, Hookah Lounge or Vapor Lounge. E. Ten days prior to the expiration of the moratorium or any extension, the Town Council shall issue a written report describing the steps and/or regulations for these land uses taken by the Town. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT The Town Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA") because the prohibition of establishing new Tobacco Retailing Businesses, H000kah Lounges or Vapor Lounges within the Town will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)), it is not a project under CEQA (CEQA Guidelines 15060(c)(3)) and it can be seen with certainty that there is no possibility that the ordinance will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)). PAGE 2 OF ORDINANCE NO. 2018-04 1 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have this ordinance published once in a newspaper of general circulation within fifteen (15) days after adoption. This ordinance is an urgency ordinance adopted pursuant to Government Code Section 65858 and as such, shall become effective immediately if adopted by at least a four-fifths vote of the Town Council and shall remain in effect for 45 days from the date of adoption unless extended by the Town Council as provided for by state law. The foregoing Ordinance was adopted by the Danville Town Council at a regular meeting held on February 20, 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Arnerich, Blackwell, Morgan, Stepper_ Srnrar None None None APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLOK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2018-04 of said Town and that said ordinance was published according to law. Dated: --Ah4 . PAGE 3 OF ORDINANCE NO. 2018-04