(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. Drug paraphernalia shall have that definition set forth in Cal. Health and Safety Code § 11364.5, as it may be amended.
DRUG PARAPHERNALIA RETAILER. Any establishment that sells drug paraphernalia as defined herein.
PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
SOLD OR TRANSFERRED. Any assignment, delegation, designation, sale, or transfer of real property or interests in real property, including but not limited to:
(a) A change to the name of the operator on the city business license;
(b) A change in the leaseholder of the commercial space;
(c) A change to the name listed on any other official government document related to the business.
TOBACCO PRODUCT.
(a) 1. A product containing, made, 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, or snuff.
2. Any device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, vaporizer pen, or hookah.
3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
(b) TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
TOBACCO RETAILER. Any establishment that sells tobacco products as defined herein.
(B) Tobacco retailers prohibited. It is unlawful for any person to cause or permit the creation of, or operation of, a tobacco retailer. The operation of a tobacco retailer shall constitute a public nuisance subject to abatement under this code.
(C) Drug paraphernalia retailers prohibited. It is unlawful for any person to cause or permit the creation of, or operation of, a drug paraphernalia retailer business. The operation of a drug paraphernalia retail business shall constitute a public nuisance subject to abatement under this code.
(D) Nonconforming uses.
(1) Tobacco retailers or drug paraphernalia retailers lawfully established and operating prior to the effective date of this section may continue to operate as nonconforming uses.
(2) Those tobacco retailers having 20% or more of their floor area devoted to the sale or display of tobacco products or drug paraphernalia retailers are subject to the following additional provisions:
(a) The tobacco retailer or drug paraphernalia retailer may be sold and transferred at any point prior to January 1, 2023.
(b) From January 1, 2023 onward, the tobacco retailer or drug paraphernalia retailer may not be sold or transferred.
(3) All nonconforming tobacco retailers and drug paraphernalia retailers shall comply with state regulations regarding the sale of tobacco products and drug paraphernalia, as these laws may be amended from time to time.
(E) Exceptions.
(1) The prohibition described in division (B) above shall not apply to the following:
(a) Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist, or veterinarian as permitted by law.
(b) Any physician, dentist, podiatrist, or veterinarian who furnishes or prescribes drug paraphernalia to his or her patients as permitted by law.
(c) Any manufacturer, wholesaler, or retailer licensed by the Board of Pharmacy to sell or transfer drug paraphernalia.
(d) Any tobacco retailer or drug paraphernalia retailer operating with a valid use permit issued by the city prior to the effective date of Ordinance 2125-C-S. Consistent with Ordinance 2125-C-S, such tobacco retailer or drug paraphernalia retailer shall continue to be a nonconforming use and subject to all provisions of this section and the Municipal Code.
(2) The following business types shall be permitted to sell tobacco products subject to approval of a use permit in zoning districts where such business types are allowed under the Zoning Code:
(a) Convenience stores when ancillary to a gas station and having less than 20% of their sales area devoted to tobacco products.
1. The sale of drug paraphernalia is prohibited.
(b) Retail businesses larger than 5,000 square feet with less than 5% of their sales area devoted to tobacco products.
(c) A new use permit shall not be issued for a business that is located within 1,000 feet of any school, public park, playground, recreational center, or child care center.
(Ord. 2125-C-S, passed 8-8-17; Am. Ord. 2206-C-S, passed 3-8-22)