Electronic Vapor Devices Vapor Inhalation Substances Hookah City
Electronic Vapor Devices, Vapor Inhalation Substances, & Hookah City of El Cajon July 22, 2014
Background • City Council Actions: o January 14, 2014 o Requested information on electronic vapor devices, substance inhalation products, & hookahs o March 11, 2014 o Information provided o Discussed possible alternatives o Adopted Resolution No. 020 -14
Background • Equate with tobacco products & use • Define electronic vapor devices, inhalations substances and hookah – ensure code consistency • Require minor conditional use permit to sell • Prohibit or allow lounges subject to specific regulations • Assess tobacco license inspection program & fee
Background • City Council Actions: o May 13, 2014 o Ordinance No. 5008 o Moratorium on new businesses o June 24, 2014 o Extended moratorium o Ordinance No. 5009
Background • Planning Commission o Discussion/Workshop – July 1, 2014 o Public Hearing – July 15, 2014 o Recommended City Council Approval – Exclude provisions allowing accessory outdoor vapor areas – Add vocational/professional schools, colleges, universities, etc. to list of sensitive uses under spatial requirements
Proposed Code Amendments • Title 5 - Tobacco Paraphernalia o New definitions o Electronic vapor devices, vapor inhalation substances, hookah pipes • Title 8 – Public Smoking & Tobacco Retailers o New definitions o Refined existing definitions o City Manager to determine inspection frequency o Best uses of resources o When warranted
Proposed Code Amendments • Title 17 – Tobacco & Smoke Shops o New & refined definitions o Comprehensive o Equates with tobacco o Includes stores & lounges o Vapor Device Stores & Lounges o Conditional Use Permit required o Equates with tobacco and smoke shops
Proposed Code Amendments o Sensitive use spatial standards o 500 feet – residential o 600 feet - religious, schools, parks o 1, 000 feet – tobacco shops, vapor shops & lounges o Operational standards – Vapor lounge o Age restriction o Hours of operation o Conduct of use
Existing Tobacco & Smoke Shops
Capacity Areas
Proposed Code Amendments o Outdoor vapor use area o Accessory to uses with outdoor use areas (e. g. restaurants, cafes, coffee shops) o Minor conditional use permit o Defined area o Operational standards o Potential drawbacks – “Secondhand vapors” – Difficult to distinguish from traditional tobacco products
Proposed Code Amendments o Commercial Land Use Table – 17. 145. 150 o Adds “electronic/vapor substance inhalation shop and lounge” o Conditional Use Permit o Section 17. 210. 100 – Alcohol Sales Ordinance o Updates signage standards to include electronic vapor products with reference to Section 8. 33. 010
Similar Approach • • San Diego County La Mesa Carlsbad Del Mar Encinitas Oceanside Solana Beach Vista
Tobacco License Inspection & Fee • Code amendment reduces need for annual inspection • Current fee is $675 • Estimated cost is $541 o City cost to issue = $230 o Compliance monitoring = $311
Tobacco License Inspection & Fee • Options o Maintain status quo o Annual inspection requirement o Surplus revenue for enhanced education o Retain annual inspection & reduce fee to $541 o Approve Code Amendment o Reduce inspections o Further analysis required to determine reduced fee
Community Input • Community Notices o Tobacco retailers o Ice Lounge o CASA o Speakers at previous Council meetings • Community Representative Meeting with CASA • Planning Commission Meetings
Findings • General Plan Consistency o Designed to ensure compatibility • Public Necessity/General Welfare o Does not significantly alter City character o Implements community health and safety policies
California Environmental Quality Act • General Rule o CEQA Guidelines Section 15061 o Proposed amendments do not increase potential development to level of significance
Recommendation • Adopt proposed ordinances amending Titles 5, 8 and 17
City Council Discussion
- Slides: 20