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HomeMy WebLinkAboutNS-2707 - Adopting a 45 Day Temporary Prohibition on the Construction or Establishment of Any Hookah Parlor ORDINANCE NO. NS-2707 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 DAY TEMPORARY PROHIBITION ON THE CONSTRUCTION OR ESTABLISHMENT OF ANY NEW HOOKAH PARLOR THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where hookah parlors may be permitted. B. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of hookah parlors and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and the Santa Ana Municipal Code ("the Code") need review, study and possible revision in order to respond to recent concerns relating to the impacts of hookah parlors and the potential establishment of new hookah parlors in the City. C. Given these concerns, the City Council has requested that a study be undertaken of the current provisions of the General Plan and Chapter 41 of the Code to classify hookah parlors and determine whether such businesses should be permitted in the City and if so, where, and under what conditions. D. Without adoption of this ordinance, properties in the City would quickly receive entitlements to establish hookah parlors despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by hookah parlors. E. It has come to the City Council's attention that at least one individual has approached city staff seeking entitlements to establish a hookah parlor. F. The City is not, at this time, able to determine under what circumstances, if any, hookah parlors should be established within the City for the following reasons: ORDINANCE No. NS 2707 Page 1 of 6 1. In other cities, the operation of hookah parlors have led to complaints of loud music, drinking in public and large crowds milling outside of the site. 2. The Orange County Register reports (November 10, 2005) that in two and one-half (2Y2) years the Anaheim Police Department has responded to 413 incidents tied to hookah parlors. 3. This same news report further states that illegal weapons and underage drinking were found by an Anaheim Police Department vice operation directed at hookah parlors. 4. This news report further stated that some hookah parlors in Anaheim had been the target of fire bombs and arson. 5. While there is a widespread belief that smoking from a hookah pipe is safer than other types of tobacco smoking, the World Health Organization ("WHO") reported in 2005 that "waterpipe smokers and second-hand smokers [are] at risk for the same kinds of diseases as are caused by cigarette smoking, including cancer, heart disease, respiratory disease, and adverse effects during pregnancy." 6. The WHO investigatory panel also found that a "typical 1-hour long waterpipe smoking session involves inhaling 100-200 times the volume of smoke inhaled with a single cigarette," and that the smoke, even after passing through water, "contains high levels of toxic compounds, including high levels of carbon monoxide, metals and cancer-causing chemicals." 7. The WHO investigatory panel also found that sharing a hookah's mouthpiece poses a serious risk of transmission of communicable diseases. 8. Finally, the WHO investigatory panel found that the common practice of sweetening and flavoring hookah tobacco, giving it a sweet taste and smell, may account for the increase of its use among young people who otherwise avoid smoking. 9. While California Labor Code section 6404.5 generally bans indoor smoking at restaurants and bars, it exempts smoking inside retail or wholesale tobacco shops and private smokers' lounges. It is unclear how substantial the sale of tobacco for offsite consumption must be to qualify for this exemption. While the City is currently studying this issue, the Public Health Institute's Technical Assistance Legal Center, funded by the California Department of Health Services, recommends that this exception should only be available to a business that derives ORDINANCE No. NS 2707 Page 2 of6 seventy-five percent (75%) or more of gross sales receipts from the sale of tobacco products and tobacco paraphernalia. G. If hookah parlors are permitted in the City and left unregulated, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Hookah parlors established in other cities have been associated with increases in noise, loitering, public drinking, possession of illegal weapons, underage drinking, and arson. 2. Unregulated hookah parlors could exacerbate the inherently dangerous behavior of tobacco use around non-tobacco users; diminish the protection of children from exposure to smoking and tobacco while they increase the potential for minors to associate smoking and tobacco with a healthy lifestyle; and weaken the protection of the public from smoking and tobacco-related pollution. 3. Hookah parlors if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. H. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of hookah parlors may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting hookah parlors to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. I. In response to the threat of unregulated hookah parlors several cities, including but not limited to the Cities of Anaheim, Garden Grove, and Dublin California, have adopted similar moratoriums or development restrictions. Other cities, such as New York, have simply banned them. J. The Request for Council Action for this ordinance dated February 21, 2006 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. ORDINANCE No. NS 2707 Page 3 of 6 K. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-J of this ordinance. Section 2. Prohibition No new hookah parlor, whether as a primary use or an ancillary use, shall be established, constructed, permitted or expanded in the City of Santa Ana. Section 3. Definitions For the purposes of this ordinance, the following terms shall be defined as follows: A. "Hookah parlor" shall mean any facility or location whose business operation 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. C. "Ancillary use," shall be defined as that term is defined in section 41-13.5 of the Code. Section 4. This ordinance shall be adopted and thereafter immediately effective by two-thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter. Section 5. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by two-thirds (2/3) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, by two-thirds (2/3) vote, extend this ordinance one more year. ORDINANCE No. NS 2707 Page 4 016 Section 6. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 7. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-K, inclusive of this ordinance. ADOPTED this 21st day of Februarv 2006. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney -"/ Ie!' AYES: Councilmembers: Alvarez. Bis!. Bustamante. Christv. Garcia. Pulido. Solorio (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) ORDINANCE No. NS 2707 Page 5 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance NO.NS-2707 to be the original ordinance adopted by the City Council of the City of Santa Ana on February 21. 2006. /' ~ Clerk of ttie Council City of Santa Ana Date: r-:2 ~ ;2. 3 - tJ.6 ORDINANCE No. NS 2707 Page 6 of 6