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contractor, agent or volunteer, or in any other manner or capacity, in any hookah parlor in the City. Section 3. Section 41-73.5 of the Santa Ana Municipal Code is hereby added to define hookah parlors as follows: Sec. 41-73.5. Hookah Parlors. (a) "Hookah parlor" shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes. (b) "Primary use" shall mean a use that is not an ancillary use. Section 4. Section 41-144 of the Santa Ana Municipal Code is hereby amended to prohibit hookah parlors as a retail or service use in the City such that it reads as follows: Sec. 41-144. Retail and service uses. Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for compensation, and include banks, savings and loan associations, and similar financial institutions, but do not include the following: (a) Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. (b) A medical marijuana dispensary as defined in section 41-121 of this Code. (c) A hookah parlor as defined in section 41-73.5 of this Code. (d) Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditignal use permit in one or more 'use districts pursuant to Article III of this chapter. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining Ordinance No. NS-2763 Page 6 of 7