HomeMy WebLinkAbout2018-06ORDINANCE NO. 2018-06
AN INTERIM URGENCY ORDINANCE EXTENDING FOR 10 MONTHS AND 15
DAYS A 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
attempted to open 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. On February 20, 2018, the Town Council, acting pursuant to the authority of
Government Code Section 65858, adopted Ordinance No. 2018-04, imposing a 45 -
day moratorium on the establishment of new tobacco retailing businesses, hookah
lounges and vapor lounges. As part of the adoption of that ordinance, the Town
Council clarified that the moratorium applied to all new tobacco retailers,
regardless of the percentage of floor space dedicated to tobacco sales and to
include the sale of cannabis paraphernalia in the moratorium.
8. On March 20, 2018, the Town Council approved the report required by
Government Code Section 65858, listing the steps taken by the Town in response
to the facts leading to the moratorium. Those steps included the Town's building
division imposing stop work notices on work being done without required
building permits at both locations identified as potentially new tobacco retailers.
9. The Town requires additional time to study what zoning amendments might be
appropriate to regulate the location of new tobacco retailers in order to protect the
public health, particularly the health of minors.
10. Government Code Section 65858 allows cities to extend moratoria to protect the
public health, safety and welfare after publishing notice and holding a public
hearing. The extension may he up to 10 months and 45 days.
11. Based on the evidence presented at the public hearings of February 20 and April
3, 2018, and the evidence contained in the report presented on March 20, 2018, the
Danville Town Council finds that it is necessary to extend the urgency interim
moratorium banning new tobacco retailers, hookah lounges or vapor lounges, as
defined in this ordinance, in order to allow the necessary time to study any
necessary zoning amendments regulating this use on a permanent basis and to
present those proposed amendments to the Planning Commission and Town
Council for consideration.
SECTION 2. EXTENSION 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, the moratorium on the establishment
of a new Tobacco Retailing Business, Hookah Lounge or Vaping Lounge, as
defined below, first enacted on February 20, 2019, is hereby extended.
B. This moratorium shall become effective on the date of adoption of this Ordinance
and shall remain in effect for 10 months and 15 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.
PAGE 2 OF ORDINANCE NO. 2018-06
D. This moratorium shall apply to the issuance of any general plan amendment,
zoning amendment, conditional use permit, certificate of occupancy, building
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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)).
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 10 months and 15 days from the
date of adoption unless extended by the Town Council as provided for by state law.
PAGE 3 OF ORDINANCE NO. 2018-06
The foregoing Ordinance was adopted by the Danville Town Council at a regular meeting
held on April 3, 2018, by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
Arnerich. Blackwell. Morgan. SteDDer. Storer
None
None
None
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLE
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
was published according to law.
Dated:
. 2018-06 of said Town and that said ordinance
PAGE 4 OF ORDINANCE NO. 2018-06
