City Council Staff Report - Page 2 of 2
cannot be sold to anyone under the age of 21. Electronic cigarette retailers, electronic cigarette lounges and vapor bars are typically adults-only uses in a commercial setting and may not be appropriate in all zoning districts or near uses where minors and other sensitive receptors are present. Pursuant to California Government Code Section 65858(a), the City Council may, to protect public safety, health and welfare, adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council is considering or studying or intends to study within a reasonable time; that adoption of such urgency measure requires a four-fifths vote of the legislative body; that such measures shall be in effect 45 days from the date of adoption, and may be extended a maximum of two times and have a maximum total duration of two years.
Although the severity of long-term effects of using electronic cigarettes are still unknown, initial studies have found carcinogens and toxic chemicals in electronic cigarette vapors, including ingredients used to make anti-freeze. Due to the unknown and potentially dangerous long-term health effects of electronic cigarettes, the City wishes to treat establishments that permit the use and sale of electronic cigarettes as separate from tobacco establishments. There are several electronic cigarette retailers, electronic cigarette lounges and/or vapor bars presently operating in the City. City staff anticipates additional requests for similar businesses in the immediate foreseeable future. The establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars in the City before the City can adopt regulations presents a current and immediate threat to public health, safety and welfare.
Because the conditions justifying the adoption of Urgency Ordinance 3-2022 have not been alleviated, it is necessary to extend the moratorium established by Urgency Ordinance 3-2022 for an additional 10 months and 15 days, as permitted by Government Code Section 65858(b).
The extension of the Urgency Ordinance will provide additional time to: (1) address the community concerns regarding the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars, (2) study the potential impacts that electronic cigarette retailers, electronic cigarette lounges and vapor bars may have on the public health, safety and welfare, (3) study and determine what local regulations may be appropriate or necessary for electronic cigarette retailers, electronic cigarette lounges and vapor bars, (4) study and determine the appropriate zoning and location for electronic cigarette retailers, electronic cigarette lounges and vapor bars, and (5) determine appropriate controls for protection of public health and welfare. Staff will return to the City Council at a future meeting with an Ordinance amending the Rancho Cordova Municipal Code once the items above have been thoroughly studied and addressed.
ENVIRONMENTAL
Under Title 14 of the California Code of Regulations, Section 15061(b)(3), this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential to cause a significant effect on the environment.
FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact.
ATTACHMENT(S)
1. Urgency Ordinance
2. Report
ITEM 12.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 1 of 4
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA. EXTENDING FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS, A CITYWIDE MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF ELECTRONIC CIGARETTE
RETAILERS AND ELECTRONIC CIGARETTE LOUNGES AND VAPOR BARS
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES
ORDAIN AS FOLLOWS:
Section 1. On January 18, 2022, the City Council of the City of Rancho Cordova voted 5-0 to adopt Urgency Ordinance No. 3-2022 placing a moratorium on and prohibiting the establishment and operation of electronic cigarette retailers and electronic cigarette lounges and vapor bars; and
This Urgency Ordinance is adopted under the provisions set forth in Government Code Section 65858 and imposes a ten (10) month and fifteen (15) day extension on the moratorium issuing any and all City approvals, including, but not limited to, business tax-certificates, building permits, variances, and conditional use permits, for the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars, as those terms are hereinafter defined, within the City of Rancho Cordova.
Section 2. Findings.
1. The City of Rancho Cordova has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and
2. The purpose of this Ordinance is to protect the public safety, health and welfare by adopting, as an urgency measure, an interim prohibition/moratorium on land use approvals, business tax certificate and building permit issuance for the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars; and
3. The Rancho Cordova Municipal Code currently regulates electronic cigarette retailers the same as tobacco retailers, and imposes the same land use controls on electronic cigarette lounges and vapor bars as smokers’ lounges and hookah bars; and
4. Under state law, electronic cigarettes cannot be sold to anyone under the age of 18.
Electronic cigarette retailers, electronic cigarette lounges and vapor bars are typically adults- only uses in a commercial setting and may not be appropriate in all zoning districts or near uses where minors and other sensitive receptors are present; and
5. Although the long-term effects of using electronic cigarettes are still unknown, initial studies have found carcinogens and toxic chemicals in electronic cigarette vapors, including ingredients used to make anti-freeze. Youth and young adults are specifically targeted by the sale of electronic cigarettes, and studies have linked the use of electronic cigarettes to developmental harm of the adolescent brain. The establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars in the City before the City can adopt regulations presents a current and immediate threat to the public health, safety and welfare; and
ITEM 12.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 2 of 4
6. Due to the unknown and potentially dangerous long-term health effects of electronic cigarettes, the City wishes to treat establishments that permit the use and sale of electronic cigarettes separate from tobacco establishments; and
7. There are several electronic cigarette retailers, electronic cigarette lounges and/or vapor bars operating in the City. City staff anticipates additional requests for similar businesses in the foreseeable future; and
8. Electronic cigarette retailers, electronic cigarette lounges and vapor bars can create undesirable effects on surrounding commercial establishments, residential areas and on those who participate in such activities. Studies have found that local policies restricting the availability of electronic cigarettes around sensitive groups, including youth and young adults, reduces their access to these products. Until the City institutes additional land use controls over electronic cigarette retailers, electronic cigarette lounges and vapor bars, the community is at risk in that such businesses could be established, operated, modified or expanded, before the adoption of measures necessary to protect public health, safety and welfare; and
9. The City needs additional time to (1) address the community concerns regarding the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars, (2) study the potential impacts that electronic cigarette retailers, electronic cigarette lounges and vapor bars may have on the public health, safety and welfare, (3) study and determine what local regulations may be appropriate or necessary for electronic cigarette retailers, electronic cigarette lounges and vapor bars, (4) study and determine the appropriate zoning and location for electronic cigarette retailers, electronic cigarette lounges and vapor bars, and (5) determine appropriate controls for protection of public health and welfare; and
10. Pursuant to Government Code Section 65858(a), after notice and a public hearing, the City Council may extend the interim Ordinance for an additional ten (10) months and fifteen (15) days; and
11. Pursuant to Government Code Section 65858(d), ten (10) days prior to expiration of the interim Ordinance, a written agenda report describing the measures taken to alleviate the condition which led to the establishment of the moratorium was prepared and attached with the herein Ordinance; and
12. All legal prerequisites to the adoption of this Ordinance have occurred.
Section 4. Definitions.
1. For this Ordinance, “electronic cigarette retailers” means any establishment that sells electronic cigarettes or any products used in conjunction with electronic cigarettes, including but not limited to kits, e-liquids and “juice”.
2. For this Ordinance, “electronic cigarette” means any electronic or battery-operated device, the use of which resembles smoking, that can be used to deliver an inhalable dose of nicotine or other substances by delivering a vaporized solution. “Electronic cigarette” includes any such electronic smoking device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic cigarette” does not include any product specifically
ITEM 12.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 3 of 4
approved by the United States Food and Drug Administration for the mitigation, treatment, or prevention of disease.
3. For this Ordinance, “electronic cigarette bars/lounges” and “vapor bars/lounges” are any facility, building, structure or location, including a patio, whether fixed or mobile, where customers utilize an electronic cigarette, including use of an electronic cigarette to sample e-liquids and/or vapor products.
Section 5.The City Manager, or his or her designee, is hereby authorized to administer and interpret the provisions of this Urgency Ordinance, including but not limited to, review of specific use permits applications, variance requests, building permit applications, and other land use approvals, to determine whether the requested use permit, variance, building permit or other land use approval is subject to this Ordinance.
Section 6.Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this Ordinance are severable. The City Council of the City of Rancho Cordova hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 7.Effective Date and Duration.
This Ordinance shall become effective immediately upon passage and adoption if passed and adopted by at least four-fifths vote of the City Council and shall be in effect for ten (10) months and fifteen (15) days there from unless extended by the City Council under California Government Code Section 65858.
Section 5. CEQA.
The City Council finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because it is not a Project which has the potential for causing a significant effect on the environment.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 22nd day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 12.2. ATTACHMENT 1 Ordinance No. XX-2022 Page 4 of 4
________________________
Donald Terry, Mayor
ATTEST:
________________________
Stacy Leitner, CMC
City Clerk
ITEM 12.2. ATTACHMENT 2
REPORT FROM THE CITY OF RANCHO CORDOVA
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858(d) On January 25, 2022, the City Council of the City of Rancho Cordova adopted an urgency ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Electronic Cigarette Retailers and Electronic Cigarette Lounges and Vapor Bars pursuant to California Government Code Section 65858. Ordinance No. 3-2022 established a 45-day moratorium on the issuing any and all City approvals, including, but not limited to, business tax- certificates, building permits, variances, and conditional use permits, for the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars. A City Council public hearing has been noticed and scheduled for February 22, 2021, to consider extension of the ordinances for a period of 10 months and 15 days.
California Government Code Section 65858(d) provides that at least ten days before expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to adoption of the interim ordinance(s).
The subject interim ordinance was adopted in order to allow sufficient time for the City of Rancho Cordova to receive community input and for City staff to study how to regulate permits, uses, and entitlements related to electronic cigarettes. Specifically, the City seeks to evaluate how to best permit electronic cigarette retailers, electronic cigarette lounges and vapor bars near sensitive groups.
The Rancho Cordova Municipal Code currently regulates electronic cigarette retailers the same as tobacco retailers, and it imposes the same land use controls on electronic cigarette lounges and vapor bars as smokers’ lounges and hookah bars. Under state law, electronic cigarettes cannot be sold to anyone under the age of 21. Electronic cigarette retailers, electronic cigarette lounges and vapor bars are typically adults-only uses in a commercial setting and may not be appropriate in all zoning districts or near uses where minors and other sensitive receptors are present.
Given the complexities involved, the uncertainty in the law, the range of options available to the City, and the potential impacts of those options, staff will continue to assist the City Council with studying this issue before deciding how to proceed.
In the last 30 days City staff further reviewed existing flavored tobacco ordinances of neighboring jurisdictions, formulated an outreach program to inform and engage community stakeholders, and identified several important policy issues related to the regulation of flavored tobacco. City staff determined that additional time is needed to present these policy considerations for further discussion with City Council, to provide adequate time for community members and stakeholders to actively engage in the process, and to prepare appropriate regulations for public hearing and adoption.