.010 Permit Required. It shall be unlawful for any person to hold or conduct or operate within the City of Anaheim any smoking lounge subject to the provisions of this chapter and not expressly exempt hereunder subject to the provisions of this chapter without having a valid permit issued pursuant to the provisions of this chapter, except that premises subject to the provisions of Chapter 18.54 of this Code shall be required to obtain a sex-oriented business permit in lieu of the permit required by this chapter. The holding or conducting of any event or activity subject to the provisions of this chapter without a valid permit issued therefor pursuant to the provisions of this chapter is declared a public nuisance.
.020 Locations Allowed.
.0201 Smoking lounge is a permitted primary use within the C-NC, C-R and C-G zones, subject to approval of a smoking lounge permit pursuant to the provisions of Section 18.16.080 of the Anaheim Municipal Code.
.0202 The tenant space shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City of Anaheim. Distances of less than 200 feet to residential zones or uses may be permitted by conditional use permit if it can be demonstrated that there are structures or other factors which provide protection for the residences from noise, odors or other impacts from the smoking lounge.
.0203 The tenant space shall be a minimum distance of 1,000 feet from any public or private school, as said term is defined in Section 18.92.220 (“S” words, terms and phrases), whether said school is within or outside of the corporate boundaries of the City of Anaheim. Distances of less than 1,000 feet may be permitted by conditional use permit if it can be demonstrated that there are structures or other factors which provide protection for the school from noise, odors or other impacts from the smoking lounge.
.030 Outdoor Smoking Lounge. An Outdoor Smoking Lounge is any outdoor seating, dining or smoking area provided as a part of a Smoking Lounge. Outdoor Smoking Lounges may be permitted in all zones where smoking lounges are permitted subject to a conditional use permit and compliance with all the following provisions as may be amended by conditional use permit:
.0301 The Outdoor Smoking Lounge area shall be located in an outdoor area that is least obtrusive to neighboring businesses and land uses.
.0302 Furnishings may include tables, chairs, decorative benches and umbrellas.
.0303 Furnishings shall not be placed on or allowed to hang over any public right-of-way, required pedestrian accessway, required setback or parking area.
.0304 A minimum six-foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk.
.0305 All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. All structures or covers provided for the Outdoor Smoking Lounge shall be in compliance with all Building and Fire Codes.
.0306 An Outdoor Smoking Lounge area provided in compliance with the provisions of this section shall be included in the gross floor area of a smoking lounge to determine its parking requirements.
.0307 Portable or non-fixed furnishings shall not be set up outside the smoking lounge more than one-half (0.5) hour prior to the opening of business and shall be removed no later than one-half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight.
.0308 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.
.0309 At least one trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building.
.0310 The smoking lounge owner shall be responsible for the removal of all trash and debris or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner.
.040 Operating Standards. It is unlawful for any person to engage in, conduct, or carry on, in or upon the premises within the City of Anaheim, the business of a smoking lounge except in compliance with all of the following requirements:
.0401 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Cal. Labor Code Section 6404.5.
.0402 No alcoholic beverages shall be sold or consumed on the business premises within any area where the smoking of tobacco or other substances is allowed, including any outdoor seating area in conformance with Section 18.16.080.030, above, where the smoking of tobacco or other substance is allowed.
.0403 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed, including any outdoor seating area in conformance with Section 18.16.080.030, above, where the smoking of tobacco or other substance is allowed.
.0404 No live entertainment, including, but not limited to, singers, DJs, dancers, and comedians, shall be permitted within the business except as authorized pursuant to, and in accordance with the terms of, a valid entertainment permit issued pursuant to Section 18.16.060 (Entertainment) of Title 18 of this Code.
.0405 No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted.
.0406 Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his or her designee.
.0407 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department.
.0408 The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.
.0409 No amusement devices, as said term is defined in Section 18.92.040, shall be permitted anywhere within the business.
.0410 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws.
.0411 Parking shall be provided for all combined uses within the business using the standard for bars and nightclubs (17 spaces/1,000 GFA and 29 spaces/1,000 GFA of dance floor area).
.0412 The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code.
.0413 The business shall also be in conformity with all other city, state and federal laws.
.0414 The Applicant shall obtain, and maintain in full force and effect, a business license from the City of Anaheim for such business. (A.M.C. Section 3.04.050).
.0415 All business related activities shall be conducted wholly within a building, with the exception of an Outdoor Smoking Lounge in conformance with Section 18.16.080.030. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted.
.0416 Applicant shall comply with the Specifications and Requirements for Smoking Lounges adopted by the Anaheim Fire Department.
.0417 The applicant shall provide the name, address, telephone number, social security and driver's license number of each person employed by the business, whether full-time or part-time, including, but not limited to any independent contractors, and fully describe their job duties or work responsibilities prior to final inspection or issuance of temporary or final certificate of occupancy.
.0418 Applicant shall comply with the requirements of this Section 18.16.080 of the Anaheim Municipal Code pertaining to Smoking Lounges.
.0419 Any violation of these operating standards shall be sufficient grounds for revocation of the permit.
.0420 The facility is in compliance with occupancy requirements of the Building Code as amended by the City of Anaheim.
.0421 In addition, to the standards in this section, all smoking lounges must comply with all applicable state law, including California Labor Code Section 6404.5, as same as or as amended thereafter.
.050 Smoking Lounge Permit Issuance and Denial. An application for a smoking lounge permit pursuant to this chapter shall be granted, subject to compliance with the requirements set forth herein, unless it is found and determined that issuance of the permit would allow the smoking lounge to be held or conducted:
.0501 In violation of any provisions of Title18 of the Anaheim Municipal Code or in violation of any other federal, state or city law or laws; or
.0502 In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Codes or the 2001 California Fire Code, adopted pursuant to Sections 15.02.010 and 16.08.020, respectively, of the Anaheim Municipal Code; or
.0503 On premises which lack adequate on-site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or
.0504 In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or the proposed noise control plan is determined to be inadequate to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises.
.060 Issuance of Permit-Conditions.
.0601 After the decision approving or conditionally approving any permit becomes final, the Planning Director or designee shall issue the permit.
.0602 The permit shall be issued subject to compliance with all operating requirements in Section 18.16.080.040 and such additional conditions as may be required to ensure compliance with City regulations governing the matters contained in the application.
.070 Application to Legal Nonconforming Smoking Lounges.
Any smoking lounge lawfully existing on January 5, 2006 (the effective date of Ordinance No. 5999) that became a nonconforming use by reason of the adoption of Ordinance No. 5999 shall not be deemed to be nonconforming for failure to comply with the location and parking requirements established for such uses by Ordinance No. 5999 unless said business is terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more following January 5, 2006. Any such lawfully existing smoking lounge may continue to operate, provided said operation is in conformity with all other applicable city, state, and federal laws. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6286 § 9; September 3, 2013: Ord. 6461 § 8; April 16, 2019.)