Electronic nicotine dispensing device sales are subject to the following:
(A) "Accessory use" is a use that:
(1) Is located on the same lot and in the same building as the principal use;
(2) Contributes to the comfort, convenience, or necessity of the principal use; and,
(3) Does not exceed 40% of the gross floor area (the area within the perimeter of the inside walls of the building/bay with no deduction for corridors, stairs, closets, thickness of wall, columns or other features but excluding utility rooms).
(B) Permitted use, electronic nicotine dispensing device sales shall be accessory to a principal commercial use in the B-2 (Community Business) zoning district subject to the following conditions:
(1) Commercially reasonable efforts will be made to rapidly identify minors (persons under 21 years of age) on the premises, including examining the identification of any person who a reasonably prudent person would believe is 21 years of age or younger, and cause such minors to leave the premises immediately upon identification unless accompanied by a parent or legal guardian.
(2) It shall be prohibited from selling, gifting or delivering to a person under 21 years of age, or a person who appears to be under the age of 27 years without first examining identification to confirm that the recipient is at least 21 years of age, any of the following:
(a) Electronic nicotine dispensing device, including electronic cigarettes (or e-cigarette), personal vaporizers (PV), electronic nicotine delivery systems (ENDS), or any similar product, or any part thereof or accessory thereto; or
(b) E-juice, e-liquid, any other product intended for use in an electronic nicotine dispensing device or any similar product.
(3) No part of the premises shall be used for the possession, manufacture, display, sale or viewing of paraphernalia, as defined below, including, but not limited to:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls,
(b) Hash pipes,
(c) Water pipes,
(d) Carburetion tubes and devices,
(e) Smoking and carburetion masks,
(f) Roach clips, meaning objects used to hold burning material, such as marijuana cigarette, that has become too small or too thin to be held in the hand,
(g) Miniature cocaine spoons, and cocaine vials,
(h) Chamber pipes,
(i) Carburetor pipes,
(j) Electronic pipes,
(k) Air-driven pipes,
(l) Chillums,
(m) Bongs,
(n) Ice pipes or chillers,
(o) Blow tubes,
(p) Hookah pipes,
(q) Rolling papers, cigarette rollers or other items used to make cigarettes or cigars,
(r) Other objects or products used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, or other controlled substances into the human body, or
(s) Other objects or products used, intended for use, or designed for use in the combustive smoking of tobacco, herbs, or any other product;
(t) Paraphernalia means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body an illegal or controlled substance or herbs.
(4) No exterior signage specifically for electronic nicotine dispensing sales or related activities.
(5) The sale of products with names similar to, or which resemble, illegal substances, such as, by way of example only, but not of limitation, "liqweed," "cocoa e-juice," and "hash oil e-juice," or similar names or descriptions is prohibited.
(6) The sale of products that imply, infer or otherwise indicate that they may be used by or provide the user an experience (euphoria, etc.) similar to but not limited to marijuana, hemp, cocaine, LSD, heroin, ecstasy, or angel dust, is prohibited.
(7) The sale of products such as vaporizer pens, acetone, vaporizers for waxy oils, alcohol vaporizers, dabs, or other delivery devices not associated with electronic nicotine dispensing devices is prohibited.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)