(A) Purpose: The purpose of this section is to establish regulations for private smoking lounges and tobacco shops for the purpose of protecting the public health, safety and welfare while eliminating or mitigating the undesirable land use impacts associated with smoking lounges and tobacco shops.
(B) Applicability: Private smoking lounges and tobacco shops, as defined in section 6-1-19, "Definitions", of this title, shall be permitted in the General Commercial (GC), Downtown Commercial (DC), Mixed Use (MU) and Industrial (I) Zone Districts, subject to the approval of a conditional use permit in compliance with section 6-2-5 of this title, and are subject to the development standards outlined in this section.
(C) Conditional Use Permit:
1. Required: It is unlawful for any entity or business to engage in, conduct or carry on, in or upon any premises, a private smoking lounge or tobacco shop in the absence of an approved conditional use permit pursuant to the provisions contained within this section and all other applicable provisions of State law, this Code and this title.
2. Application: Prior to the establishment of any private smoking lounge within the City, a conditional use permit shall be applied for and reviewed and approved by the Planning Commission pursuant to the provisions contained within section 6-2-5 of this title.
3. Increase, Expansion: Any increase in the maximum building occupancy rate, physical expansion or modification to the floor area of an existing smoking lounge shall require the prior review and approval by the Planning Commission of a new or modified conditional use permit.
(D) Development And Maintenance Standards:
1. Locations Allowed: Private smoking lounges may be conditionally permitted within the GC, DC, MU and I Zoning Districts.
2. Distance Requirements From Other Uses: No private smoking lounge or tobacco shop may be located within five hundred feet (500') of another smoking lounge or tobacco shop, nor any park, arcade, preschool, private or public K through 12 school, designated route to schools or daycare facilities, as measured from property line to property line.
3. State Board Of Equalization Cigarette And Tobacco License: Every existing and newly established private smoking lounge or tobacco shop shall submit a copy of their license issued by the State of California Board of Equalization allowing the business to sell cigarettes and tobacco products to the public.
4. Outdoor Seating Areas: No outdoor seating or gather space for smoking is permitted. All smoking related activities shall occur indoors. Outdoor seating may be permitted for the consumption of food and beverages or for nonsmoking gathering space only.
(E) Operating Requirements:
1. Private Smoking Lounges: All private smoking lounges shall comply with the following operational requirements:
(a) There shall be no on site smoking or inhaling of any illegal or prescription drug or substance at any time.
(b) The business shall be owner operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code section 6404.5.
(c) No person under eighteen (18) years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed.
(d) No live entertainment shall be permitted within a smoking lounge unless approved under a conditional use permit.
(e) No alcoholic beverages shall be served or sold for on site consumption in conjunction with a private smoking lounge without the prior review and approval of a conditional use permit.
(f) No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises. Any proposed window tinting shall be approved in advance by the Planning Director and Police Chief. All signs shall comply with chapter 15 of this title.
(g) The interior of the business shall maintain adequate illumination to make the conduct of patrons and employees within the premises readily discernable. The actual lighting level shall be approved in advance by the Planning Director and Police Chief and maintained during all hours of operation.
(h) Parking shall be provided using the standards contained in section 6-14-2, table 14.A of this title, eating and drinking facilities.
(i) The maximum occupancy limit of a smoking lounge shall not exceed the lesser of:
(1) That established by the Kern County Fire Department; or
(2) As a specific condition of approval for the conditional use permit approved for the facility pursuant to this section.
(j) The business shall be in compliance with all other City, State and Federal laws at all times, including all California Occupational Safety and Administration (Cal OSHA) requirements. Should any conflict arise, the Planning Director shall determine which law shall prevail.
(k) Smoking advertisements, products, paraphernalia and promotions shall not be located within six feet (6') of a business window.
(l) The sale or rental of any smoking devices (i.e., pipes, etc.) shall comply with the California Health and Safety Code at all times.
(m) The use of a hookah or other water pipe smoking devices within a private smoking lounge is prohibited.
(n) Furnishings shall not encroach into any public right-of- way, required pedestrian accessway, landscaping or parking area at any time.
(o) All required emergency access/exits and fire lanes shall be provided and maintained at all times, as determined by the Kern County Fire Department.
(p) Outside furnishings shall not contain advertising or depict any smoking or tobacco related 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 and reviewed and approved by the Planning Director prior to installation.
(q) Adequate ash and trash receptacles shall be provided on site at all times. The design, color and material of the trash receptacles shall be compatible with the building.
(r) The smoking lounge owner and operator shall be responsible for the removal of all trash, debris and spilled food or beverage items in a timely manner. In addition, all outdoor seating areas shall be maintained in a clean, sanitary and trash free manner at all times.
(s) Full height walls from the ground to the underside of the deck/ceiling above shall be provided to separate the smoking lounge from any other contiguous business.
(t) Separate return, supply and condensation air for heating, ventilation and air conditioning (HVAC) systems shall be provided for every smoking lounge to prevent fugitive smoke from entering into an adjacent tenant suite or building.
(u) All smoking lounges must be located within buildings provided with a Kern County Fire Department approved automatic fire suppression system.
(v) The business shall comply with all Fire and Building Code requirements at all times.
(w) All entry and exit doors to the business shall remain closed at all times, except for the ingress and egress of patrons and employees.
(x) Private smoking lounges are prohibited from displaying, providing or selling items considered as drug paraphernalia per title VIII, chapter 11 of this Code.
2. Tobacco Shops: All tobacco shops shall comply with the following operational requirements:
(a) The operator of the tobacco shop shall display their current license issued by the State Board of Equalization to sell cigarettes and tobacco products to the public.
(b) No tobacco products shall be accessible to tobacco shop patrons. Shop owners and employees shall be responsible for the control of selling all available tobacco products.
(c) The selling of tobacco products shall be in compliance with all standards of the State Business and Professions Code.
(d) Tobacco shops are prohibited from displaying, providing or selling items that would be considered drug paraphernalia per title VIII, chapter 11 of this Code.
(F) Application Requirements:
1. Included Documents And Information: Each conditional use permit application for a smoking lounge and/or tobacco shop shall include:
(a) All application submittal fees;
(b) Site plan, floor plan and elevations with all applicable items and information listed on the City's planning application submittal checklist, including information regarding all proposed interior and exterior modifications;
(c) A complete written description of all aspects of the proposed operation, including, but not limited to: the hours of operation, number of employees on each shift; and the proposed interior and exterior improvements with sufficient detail to demonstrate the quality and character of the establishment, including how the proposed operation complies with the development, maintenance and operation standards of this section;
(d) The exact nature and location of the activity for which the conditional use permit is requested and an estimate of the maximum number of patrons to be served at the establishment during full capacity;
(e) All goods, services and products offered on site;
(f) A security plan for the control of pedestrian and vehicular traffic and to prevent unlawful conduct and ensuring the health and safety of all patrons;
(g) A vicinity map identifying the location of the proposed business and all surrounding land uses within a five hundred foot (500') radius around the proposed establishment; and
(h) All other details and information deemed necessary to evaluate the proposed project application, as determined by the Director of Community Development.
2. False Information; Revocation: Submitting false information on the application shall constitute grounds for denial of the conditional use permit or future revocation of any approved conditional use permit.
(G) Required Findings:
1. Specified: In addition to the findings contained within subsection 6-2-5(E) of this title, the following findings shall be required for every private smoking lounge or tobacco shop. In all cases, the applicant shall have the burden of proof to show the Planning Commission, by relevant evidence, the existence of facts which support the conclusion that the standards, as set forth in this section, are met:
(a) The private smoking lounge or tobacco shop is consistent with the goals and objectives of the General Plan, zoning ordinances, and any local, regional, or State laws.
(b) The private smoking lounge or tobacco shop will not impair the integrity and character of the subject zoning district, and will comply with the provisions of this section and all other applicable City, State and Federal regulations.
2. Denial: Any decision to deny a request to establish, construct or modify a private smoking lounge or tobacco shop shall be supported by evidence contained in the written record documenting, with findings, why the smoking lounge cannot be approved.
3. Appeal: Any request to appeal a decision to approve or deny a smoking lounge application shall comply with the requirements contained within section 6-2-19 of this title.
(H) Application To Existing Businesses:
1. Private Smoking Lounge: Any private smoking lounge lawfully existing as of the effective date hereof (i.e., land use approval, business license, etc.) that becomes nonconforming by reason of the adoption of this section shall be brought into full compliance with the provisions of this chapter not later than five (5) years following the effective date hereof.
2. Tobacco Shop: Any business or operation existing as a tobacco shop, as its principal use or as an accessory use, as of the effective date of this chapter (i.e., land use approval, business license, etc.) that becomes nonconforming by reason of the adoption of this section shall not be required to be brought into full compliance with the provisions of this section. An existing tobacco shop business or operation shall be required to file for conditional use permit if any of the following occur:
(a) The business or operation does not have a current State Board of Equalization cigarette and tobacco license.
(b) The business or property owner proposes an expansion or alteration to the business, building or operations.
3. Exception For Location, Parking Requirements: No lawfully existing private smoking lounge or tobacco shop shall be deemed to be nonconforming, for purposes of this section, for failure to comply with the location and parking requirements after the effective date of the adoption of this section.
(I) Modifications, Waivers Or Variance: Modifications, waivers or a variance to the standards and provisions contained within this section may be granted by the Planning Commission, subject to the approval of a conditional use permit and variance application, per section 6-2-6 of this title, if it is determined that the standards and/or provisions which are being requested to be altered, modified or waived will not impact the public health, safety and welfare, and are not contrary to the general purpose and intent of this section.
(J) Nonconforming: Except as provided in this section, the provisions of section 6-2-13, "Nonconforming Use And Structures", of this title shall be applicable to all business establishments with private smoking lounges and tobacco shops. In the event any conflict between the provisions of this section and the provisions of section 6-2-13 of this title, the provisions of this section shall prevail.
(K) Revocation, Discontinuance And Enforcement:
1. Conditions For Revocation: Revocation of an approved conditional use permit for a private smoking lounge or tobacco shop shall be per the provisions of section 6-2-20, "Revocation Of Permits", of this title, if the following conditions trigger the scheduling of a public hearing before the Planning Commission to determine whether or not the conditional use permit issued to the business for operating a private smoking lounge or tobacco shop shall be revoked or modified:
(a) Issuance of three (3) or more collective administrative or criminal notices of violation or citations within a twelve (12) month period from any combination of the Kern County Fire Department, Taft building official, Code Enforcement and/or the Police Department. However, the Police Chief, Planning Director or the appropriate approval authority may require immediate review at any time due to a particular incident.
(b) The imposition of any disciplinary action or finding of violation by the Department of Alcoholic Beverage Control, if alcoholic beverages are sold for on site consumption.
(c) The business or operation does not have a current State Board of Equalization cigarette and tobacco license.
2. Applicability Of Number Of Emergency Calls: The number of emergency calls for service to the Taft Police Department may not necessarily be used as the singular basis for concluding that a private smoking lounge or tobacco shop is operating as a nuisance.
3. Findings For Revocation: The approval authority may revoke a conditional use permit following the procedures set forth in section 6-2-20 of this title, based on any one or more of the following findings:
(a) The conditional use permit was approved based on information that was erroneous, fraudulent, misleading or misrepresented, regardless of the intent of the entity that obtained the conditional use permit;
(b) The conditions of approval adopted under the conditional use permit for the private smoking lounge or tobacco shop have been violated in whole or in part;
(c) Local, State and/or Federal law was violated;
(d) The establishment for which the permit was issued is being operated in an illegal, unpermitted or disorderly manner;
(e) The noise generated from the establishment violates the City noise ordinance;
(f) The smoking lounge has had or is having an adverse impact on the public health, safety, peace and/or general welfare;
(g) The smoking lounge has ceased to exist for at least ninety (90) calendar days or more by reason of voluntary abandonment.
4. Discontinued Use; Public Hearing: Any conditional use permit for a business with a private smoking lounge or tobacco shop may be revoked following a public hearing thereon if the use is discontinued for at least ninety (90) consecutive calendar days. The Planning Commission shall hold a noticed public hearing to consider the revocation pursuant to section 6-2-19 of this title.
5. Misdemeanor Violation: Any violation to this chapter shall be prosecuted as a misdemeanor. (Ord. 814-15, 7-7-2015; amd. Ord. 832-18, 4-17-2018)