NS-3091 - Zoning Regulation for Smoke Shops

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Sec. 41-159.7. - Tobacco product. Tobacco product shall have the same meaning as provided in 22950.5(d) of the Business and Professions Code, including any amendments or successor statutes thereto. Section 13. Section 41-159.8. (Tobacco retailer) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-159.8. - Tobacco retailer. Tobacco retailer shall have the same meaning as that in Section 18-90(h) of this Code. Section 14. Section 41-683.8. (Discontinuance of nonconforming smoke shops) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-683.8. - Discontinuance of nonconforming smoke shops. (a) All smoke shops that have a valid certificate of occupancy and tobacco retailer license pursuant to Article III of Chapter 18 of this Code prior to the effective date of this section, shall be deemed a nonconforming smoke shop. (b) If a nonconforming smoke shop, as smoke shop is defined in Section 41- 152.6.1, is discontinued for a period of six (6) consecutive months, any subsequent use must conform in every respect to the provisions of this Chapter. Section 15. Article XXIV(Smoke Shops) of Chapter 41 of the SAMC is hereby added to read as follows: ARTICLE XXIV. SMOKE SHOPS Sec. 41-2408. - Specific purposes. (a) In addition to the general purposes listed in section 41-1, the specific purposes of this article are to: (1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this Code. (2) Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that smoke shops may have upon the residents of the city and preserve the integrity of existing commercial and residential areas of the city, which are in close proximity to such commercial areas. Sec. 41-2409. - Permitted zones and locations. Ordinance No. NS-3091 Page 6 of 15