HomeMy Public PortalAbout15A) 8C-A Ordinance No. 13-976CITY OF TEMPLE CITY
ORDINANCE NO. 13-975
Attachment A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING THE MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR TOBACCO
SHOPS, E-CIGARETTEIVAPORIZER STORES, AND CLOSELY-RELATED BUSINESSES
WHEREAS, the City of Temple City Municipal Code regulates tobacco shops and related
businesses; and
WHEREAS, the current Zoning Code does not provide guidance when reviewing and
permitting the establishment of tobacco shops and related businesses; and
WHEREAS, the City of Temple City has a substantial interest in promoting the public
health, safety, and welfare of the community; and
WHEREAS, the City of Temple City recognizes the need to develop reasonable criteria to
guide the establishment and operation of tobacco shops and closely related businesses; and
WHEREAS, the Planning Commission of the City ofTemple City held a public hearing on
June 25, 2013 to consider this code amendment; and
WHEREAS, the planning Commission of the City of Temple City recommended the City
Council approve the Code Amendment for the establishment and operation of tobacco shops and
related businesses (E-cigarettelvaporizer retailers); and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to regulate
tobacco shops and related businesses to promote land use compatibility, public health, safety,
and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY
ORDAINS AS FOLLOWS:
1. Section 9202 of Article F. (Zone Variances and Conditional Use Permits) of Chapter 1
(Zoning Code) of Title 9 (Zoning Regulations) of the Municipal Code is hereby amended
to add "tobacco shop" and " E-cigarette!Vaporizer store" to the list of items that require a
Conditional Use Permit;
2. Article T. (Special Uses) of Chapter 1 (Zoning Code) of Title 9 (Zoning Regulations) of
the Municipal Code is hereby amended to add Section 9453 and Section 9454 to read as
follows:
9453: TOBACCO/E-CIGARETTE STORE:
A: Definitions:
1. Tobacco (retailer): an establishment for which more than 50% of the floor area is
dedicated for the display and retail sale of tobacco, cigarettes, and related
products. This provision does not include the sales of tobacco and tobacco
products from a permitted grocery store and similar permitted retail stores, the
primary purpose of which are not the sale of tobacco and tobacco products.
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2. E-cigarette/vaporizer (retailer): an establishment for which more than 50% of the
floor area is dedicated to the display and retail sale of nicotine-enriched solutions
and/or vaporizers.
3. Paraphernalia: any apparatus, equipments, or instruments used for smoking
tobacco or controlled substances, and/or inhaling mist of nicotine-enriched
solutions, for the purpose of personal or recreational satisfactions.
B. Locational Criteria and minimum proximity requirements:
A tobacco orE-cigarette/ Vaporizer retailer shall be permitted under the business
class of "Tobacco Shop" in the Downtown Specific Plan area, General
Commercial Zone (C-2), Heavy Commercial Zone (C-3), Light Manufacturing
Zone (M-1), and Heavy Commercial Zone (M-2), subject to the locational criteria
as set forth in the followings.
1: No such business shall be permitted within 1,000 feet of a public or private
school established for academic education of children or minors under the
age of 18 years old.
2: No such business shall be permitted within 1 ,ODD feet of a public park.
3: No such business shall be permitted within 1,000 feet of an existing tobacco
or E-cigarettelvaporizer business.
4: No such business shall be permitted within 1,000 feet of a large child care
center located within the city's limits.
C. Conditional Use Permit requirement:
No such businesses shall be permitted without first obtaining a Conditional Use
Permit.
D. Visibility requirements:
1. As a retail store, a tobacco or E-cigarette/vaporizer retailer is required to provide
necessary visibility for the in-store business activities. A common way of
providing such visibility includes, but not limited to, creating larger window area
for the storefront facing pedestrian and vehicular traffic; maintaining the
storefront windows unobstructed at all times during business hours, and using
clear glass instead of tinted glass for the storefront windows.
2. Window signs for such businesses shall be limited to identifying the name of the
business and shall not exceed 10% of each window area.
E. Limitation on sales of paraphernalia:
Any commercial retail establishment including a tobacco or E-cigarettelvaporizer
retailer selling paraphernalia as accessory products shall limit the sale, storage,
and display of paraphernalia to no more than 20% of the total floor area. Further,
all sale, storage, and display of paraphernalia shall be conducted within a
separate enclosed room.
9454: HOOKAH/SMOKE LOUNGE:
A: Definition:
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Hookah/Smoke Lounge: an establishment for which the configuration of the floor
area is to facilitate on-site consumption of tobacco, cigarette, and nicotine-
enriched solutions. For clarification purpose, a hookah/smoke lounge, and/or any
other similar uses shall be considered an individual business class separated
from a tobaccoiE-cigarette store.
B: Hookah/Smoke Lounge prohibited
No Hookah/smoke Lounge business or similar operations shall be allowed within
the City's limits.
SECTION 10: This Ordinance shall be effective on the 31 ~day after adoption.
SECTION 11: The City Clerk, or her duly appointed deputy, shall attest to the adoption
of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 16 day of July, 2013.
MAYOR
ATIEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Peggy Kuo. City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 13-975 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 16th day of July 2013, its second reading on 6th day of August, 2013, and
was duly passed, approved and adopted by said Council at the regular meeting held on 16th day of
July, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Councilmember-
Councilmember-
Councilmember-
Councilmember-
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