A. Smoke shops/tobacco stores businesses shall be conditionally permitted in the C-MU (Mixed Use Commercial Zone) and D-MU (Mixed Use Downtown Zone) as they are identified on the Zoning map. In addition, no smoke shop/tobacco store shall be located:
1. Within seven hundred fifty (750) feet of any other smoke shop/tobacco store located either inside or outside the city limits.
2. Within seven hundred fifty (750) feet of any existing or planned public, private, or parochial schools, elementary schools, middle schools, high schools, licensed day care facilities, preschools, libraries, parks, or other recreational facilities where minors congregate, located either inside or outside of the city limits.
B. As used in this section, "Existing" means existing at the time the permit application is submitted. "Planned" means property designated on the general plan of the city for such use, or other official planning documents of the city, or property owned or leased by the city for such use.
C. In addition to the location requirements stated above all smoke shops/tobacco stores shall meet the following performance standards:
1. Hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization in accordance with State law, and a copy of this license shall be prominently displayed in a publicly visible location at the establishment.
2. Meet all requirements stated in Visalia Municipal Code Chapter 8.46 for the sale of tobacco paraphernalia and tobacco products.
3. No smoking, as defined in Visalia Municipal Code Chapter 8.48, shall be permitted within the smoke shop/tobacco store.
(Ord. 2022-04 (part), 2022)