Chapter 17.42.5 — SMOKE SHOPS — Upland Zoning Code

§ 17.42.5.010. Purpose. ¶

The purpose of this chapter is to establish standards and review criteria for smoke shops in the interests of public health, safety and general welfare. (Ord. 1970 § 10, 2022)

§ 17.42.5.020. Applicability. ¶

This chapter applies to all smoke shops as defined in Section 17.51.010 of this Code. (Ord. 1970 § 10, 2022)

§ 17.42.5.030. Authority. ¶

Smoke shops require a conditional use permit in the C/R-MU, B/R-MU, C/O-MU, CI/MU, NC, HC, and RC zones, which is a discretionary action approved by the Planning Commission. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

(Ord. 1970 § 10, 2022)

§ 17.42.5.040. Factors Considered In Granting Conditional Use Permits. ¶

In addition to the findings required In Section 17.44.040 of this title, the Planning Commission may consider the following factors in determining whether to issue a conditional use permit, or in applying conditions of approval.

A. Proximity of the use to residential structures and residential district boundaries, and sensitive uses, including parks, playgrounds, schools, day care centers or preschools, and libraries.
B. Nature of uses on the same, adjacent, and nearby properties.
C. The presence of one or more smoke shops within 2,000 feet of the proposed use.
D. The compatibility of the use's operational characteristics with those of surrounding commercial uses.
E. The design of proposed improvements (if any) related to the use, with particular reference to design characteristics that have the effect of reducing or eliminating impacts to surrounding uses.
(Ord. 1970 § 10, 2022)

§ 17.42.5.050. Operational Requirements. ¶

A. The business shall comply with all of the conditions of the conditional use permit that authorizes its operation.
B. Each smoke shop shall hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization, in accordance with State law, and shall be prominently displayed in a publicly visible location at the establishment.
C. There shall be no self-service display or sales, including vending machines, of tobacco or tobacco paraphernalia.
D. No on-premises use of tobacco products shall be permitted at any time.
E. No person who is younger than the minimum age of 18 years or as established by State law shall be permitted to sell, display, market, barter, trade or exchange any combination of tobacco, tobacco products, or smoking or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
(Ord. 1970 § 10, 2022)