Chapter 4.24 — SMOKE SHOPS

[9-21-2022 by Ord. 1782]

The purpose of this Chapter is to establish specific standards for smoke shops, to ensure that smoke shops are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

[9-21-2022 by Ord. 1782]

All new smoke shops shall be located consistent with the following standards:

• A. Located a minimum of 1,000 feet from another smoke shop.

• B. Located a minimum of 500 feet from all of the following uses:

  1. Schools;

  2. Parks and recreation facilities;

  3. Community centers;

  4. Libraries;

  5. Youth organizations; and

  6. Child Day Care in a Home (Small or Large), or Day Care Centers.

• C. Located a minimum of 250 feet from any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

• D. Located a minimum of 100 feet (250 feet if separated by a major street or arterial) from any residential zones.

[9-21-2022 by Ord. 1782]

In addition to any conditions imposed by the Review Authority, retail sales of tobacco and smoking products that require a Conditional Use Permit shall comply with the following development standards:

• A. Smoke shops shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco and smoking products.

• B. Only store employees shall have immediate access to the tobacco products, smoking products and tobacco/smoking paraphernalia. It is unlawful for any person, business, or smoke shop to sell, permit to be sold, offer for sale or display for sale any tobacco product or smoking product by means of Self-Service Display or by means other than vendor-assisted sales.

• C. Smoke shops shall not sell or transfer a tobacco product, smoking product, or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco product, smoking product, or tobacco/smoking paraphernalia.

• D. Smoke shops shall not permit any person who is younger than the minimum age established by State law for the purchase or possession of tobacco products to engage or participate in the sale of tobacco products or tobacco/smoking paraphernalia.

• E. No person, business, smoke shop, or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

• F. No permit may be issued to authorize tobacco retailing at a location that is licensed under State law to serve alcoholic beverages for consumption on the premises (e.g., an "on sale" license issued by the California Department of Alcoholic Beverage Control), and no license may be issued to authorize tobacco retailing at any location offering food for sale for consumption by guests on the premises.

• G. Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

• H. The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.

• I. Loitering in the public right-of-way, parking area, and in front of the property and adjacent properties shall be prohibited.

• J. The establishment shall conspicuously post the following interior sign stating: "We ID everyone under 27 years of age for tobacco sales." The dimensions of this sign shall be at least eight inches by 11 inches. If the predominant language of the establishment's clientele is not English, then a sign shall also be posted in that language.

[9-21-2022 by Ord. 1782]

• A. Each person who sells tobacco or smoking products or tobacco/smoking paraphernalia shall successfully complete a responsible tobacco retailing training. The program shall be completed within 60 days of assuming the position that involves sale of tobacco or smoking products and/or tobacco/smoking paraphernalia and shall be periodically completed again not less than once every three years.

• B. Records of successful completion of responsible tobacco retailing training shall be maintained on the premises and shall be presented to City and Riverside County Sheriff's Department representatives upon request.

[9-21-2022 by Ord. 1782]

Any smoke shop legally established prior to the Effective Date of this Code shall not be required to obtain a Conditional Use Permit and shall not be considered a legal non-conforming use subject to abatement, unless a modification of the approval for the use is sought and the modification is not considered minor subject to Section 6.03.16 (Modifications of Approved Plans). Any existing smoke shop that has been discontinued for a period of 180 days or more shall require a Conditional Use Permit, prior to reestablishing retailing of tobacco/smoking products.