ORDINANCE NO. 5010

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CAJON REPEALING SECTION 5.30.010 OF CHAPTER 5.30 AND SECTION 5.72.110 OF CHAPTER 5.72 OF TITLE 5 OF THE EL CAJON MUNICIPAL CODE AND ADDING NEW SECTIONS 5.30.010 AND 5.72.110 TO TITLE 5 OF THE EL CAJON MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

SECTION 1. Based upon the record as a whole, the Planning Commission hereby finds that the proposed Zoning Code amendments are exempt from CEQA pursuant to the "General Rule" that CEQA only applies to projects that have the potential for causing a significant physical effect on the environment, (CEQA Guidelines, Section 15061 (b) (3)). The proposed amendments are designed to equate the use of electronic vapor devices, electronic vaping inhalation substances and hookahs with tobacco use, and provide development standards for the establishment of businesses that sell such products. Furthermore, it regulates new establishments for vapor inhalation use to specific developed commercial areas, thereby reducing development potential and intensity, and therefore, does not raise this project to a level of significance that warrants CEQA analysis because the intensity of allowable development is not increased and there are no potentially significant environmental effects.

SECTION 2. Section 5.30.010 of Chapter 5.30 of Title 5 of the El Cajon Municipal Code is hereby repealed.

SECTION 3. A new Section 5.30.010 of Chapter 5.30 of Title 5 of the El Cajon Municipal Code is hereby added to read as follows:

5.30.010 Definitions.

A. "Tobacco paraphernalia establishment " means any premises where tobacco paraphernalia is displayed for sale, offered for sale or sold, and which devotes more than a two foot by four foot (two feet in depth maximum) section of shelf space for tobacco paraphernalia.

B. "Tobacco paraphernalia " is defined as:

1. Including, but not limited to, one or more of those items identified in that list set forth in subdivision (3) below, and any device intended or designed primarily for use by individuals for the smoking or ingestion of tobacco, notwithstanding that the device may also be used for the

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smoking or ingestion of marijuana, hashish, hashish oil, cocaine or any other "controlled substance," as that term is defined in the Health and Safety Code.

2. A device "designed primarily for" the smoking or ingestion set forth in subdivision (1) above, is a device that has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of tobacco, and is peculiarly adapted to that purposes by virtue of a distinctive feature or combination of features associated with tobacco paraphernalia, notwithstanding that the device may also be used for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine or any other "controlled substance," or for some other purpose.

3. Includable items or devices:

a. Electronic vapor devices designed with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco products, shisha, herbs or any other product that produces smoke;

b. Electronic vapor inhalation substance products including cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic vapor devices;

c. Hookah pipes used for vaporizing and smoking tobacco, flavored tobacco, non-flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation;

d. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens (permanent or otherwise), heads or punctured metal bowls;

e. A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit

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inhalation or ingestion of larger quantities of smoke that would otherwise be possible, whether the device is known as a "bong," or otherwise;

f. A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;

g. A smokable pipe which contains a heating unit, whether the device is known as an "electric pipe," or otherwise;

h. A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a "buzz bomb," or otherwise;

i. A canister, container or other device with a tube, nozzle or other similar arrangement attached and so constructed as to permit the forcing of accumulated smoke into the user’s lungs under pressure;

j. A device for holding burning material, such as a cigarette that has become too small or too short to be held in the hand, whether the device is known as a "roach clip," or otherwise; and

k. Lighters and matches not possessing any of the characteristics described in subsection (B)(3)(a) through (g), above shall be excluded from the definition of tobacco paraphernalia.

SECTION 4. Section 5.72.110 of Chapter 5.72 of Title 5 of the El Cajon Municipal Code is hereby repealed.

SECTION 5. A new Section 5.72.110 of Chapter 5.72 of Title 5 of the El Cajon Municipal Code is hereby added to read as follows:

5.72.110 Sale, use or availability of alcoholic beverages, tobacco and electronic vapor device products prohibited.

Alcoholic beverages, tobacco and electronic vapor device products shall not be sold, used, consumed or distributed on the premises in or about which any alcohol

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and tobacco free public dance is held. Admission to an alcohol and tobacco free public dance shall be denied to any person showing evidence of being under the influence of alcohol or illegal drugs or any person who has any alcoholic beverage or illegal drug on his or her person.

SECTION 6. This ordinance shall become effective thirty (30) days following its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of El Cajon, California at a Regular Joint City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting held this 12th day of August 2014, by the following vote to wit:

AYES : Ambrose, Bales, Kendrick, McClellan, Wells NOES : None ABSENT : None DISQUALIFY : None

BILL WELLS Mayor of the City of El Cajon

ATTEST:

BELINDA A. HAWLEY, CMC City Clerk

I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 5010 of the Ordinances of the City of El Cajon, California, as adopted by the City Council at the Regular Joint Meeting of the City Council/Housing Authority/Successor Agency to the Redevelopment Agency on the 12 th day of August 2014.

______Belinda A. Hawley, CMC, City Clerk

Tobacco Shop E-Vape Title 5 Ordinance 073014

1st Reading – 07/22/14 (Item 102) 2nd Reading – 08/16/14 (Item 14.1)