Electronic Vapor Devices, Vapor Inhalation Substances, & Hookah City of El Cajon July 22, 2014

Background City Council Actions: o January 14, 2014 o Requested information on electronic vapor devices, substance inhalation products, & hookahs o March 11, 2014 o Information provided o Discussed possible alternatives o Adopted Resolution No

Equate with tobacco products & use Define electronic vapor devices, inhalations substances and hookah – ensure code consistency Require minor conditional use permit to sell Prohibit or allow lounges subject to specific regulations Assess tobacco license inspection program & fee Background

City Council Actions: o May 13, 2014 o Ordinance No o Moratorium on new businesses o June 24, 2014 o Extended moratorium o Ordinance No. 5009

Planning Commission o Discussion/Workshop – July 1, 2014 o Public Hearing – July 15, 2014 o Recommended City Council Approval – Exclude provisions allowing accessory outdoor vapor areas – Add vocational/professional schools, colleges, universities, etc. to list of sensitive uses under spatial requirements Background

Title 5 - Tobacco Paraphernalia o New definitions o Electronic vapor devices, vapor inhalation substances, hookah pipes Title 8 – Public Smoking & Tobacco Retailers o New definitions o Refined existing definitions o City Manager to determine inspection frequency o Best uses of resources o When warranted Proposed Code Amendments

Title 17 – Tobacco & Smoke Shops o New & refined definitions o Comprehensive o Equates with tobacco o Includes stores & lounges o Vapor Device Stores & Lounges o Conditional Use Permit required o Equates with tobacco and smoke shops Proposed Code Amendments

o Sensitive use spatial standards o 500 feet – residential o 600 feet - religious, schools, parks o 1,000 feet – tobacco shops, vapor shops & lounges o Operational standards – Vapor lounge o Age restriction o Hours of operation o Conduct of use Proposed Code Amendments

Existing Tobacco & Smoke Shops

Capacity Areas

o Outdoor vapor use area o Accessory to uses with outdoor use areas (e.g. restaurants, cafes, coffee shops) o Minor conditional use permit o Defined area o Operational standards o Potential drawbacks – “Secondhand vapors” – Difficult to distinguish from traditional tobacco products Proposed Code Amendments

o Commercial Land Use Table – o Adds “electronic/vapor substance inhalation shop and lounge” o Conditional Use Permit o Section – Alcohol Sales Ordinance o Updates signage standards to include electronic vapor products with reference to Section Proposed Code Amendments

San Diego County La Mesa Carlsbad Del Mar Encinitas Oceanside Solana Beach Vista Similar Approach

Code amendment reduces need for annual inspection Current fee is $675 Estimated cost is $541 o City cost to issue = $230 o Compliance monitoring = $311 Tobacco License Inspection & Fee

Options o Maintain status quo o Annual inspection requirement o Surplus revenue for enhanced education o Retain annual inspection & reduce fee to $541 o Approve Code Amendment o Reduce inspections o Further analysis required to determine reduced fee Tobacco License Inspection & Fee

Community Notices o Tobacco retailers o Ice Lounge o CASA o Speakers at previous Council meetings Community Representative Meeting with CASA Planning Commission Meetings Community Input

General Plan Consistency o Designed to ensure compatibility Public Necessity/General Welfare o Does not significantly alter City character o Implements community health and safety policies Findings

General Rule o CEQA Guidelines Section o Proposed amendments do not increase potential development to level of significance California Environmental Quality Act

Adopt proposed ordinances amending Titles 5, 8 and 17 Recommendation

City Council Discussion