CITY COUNCIL
ATTACHMENT C
Ordinance Nos. 2299, 2324, & 2339
Summaries/Excerpt Text
Ordinance Summaries
Ordinance No. 2299 (Exhibit A)
• Adopted June 18, 2013, this Ordinance established the prohibition of single-serve alcohol sales for any new business seeking approval to sell alcoholic beverages for off-site consumption. In the years leading up to t he adoption of this Ordinance, the Planning Commission had attached this requirement t o businesses requiring an associated Conditional Use Permit (e.g. fueling stations).
Ordinance No. 2324 (Exhibit B)
• Adopted October 7, 2014, this Ordinance:
o Clarified that all business selling alcoholic beve rages required approval of a Conditional Use Permit (expect large retailers over 12,000 sq. ft. and restaurants selling beer and wine only);
o Instituted limited exceptions for the issuance of a Finding of Public Convenience or Necessity in census tracts overconcentrated with licenses to sell alcohol as determined by the California Department of Alcoholic Beverage Control (ABC); o Added separation requirements for establishments s elling alcoholic beverages in relation to the location of sensitive uses such as residentially zoned property, schools, religious facilities, and parks/playgrounds; and o Introduced design and operating standards for busi nesses selling alcohol for off- site consumption aimed at public nuisance preventio n that include requirements such as sufficient lighting, adequate refuse collection, discouragement of loitering, signage limitations, prohibited sale of drug paraph ernalia, site maintenance, and sufficient employee training. Additionally, this O rdinance made these operating standards applicable to existing and new business, providing allowances for legally non-conforming businesses to maintain allowances fo r the sale of single-serve alcoholic beverages only.
Ordinance No. 2339 (Exhibit C)
• Adopted August 18, 2015, this Ordinance establishe d that retail tobacco and tobacco paraphernalia sales would only be possible at locat ions permitted to sell alcohol for off-site consumption and regulated the display of t obacco products as well as prohibited smoking or vaping on the business premis es and the sale of drug paraphernalia. This Ordinance also prohibited any new smoke shops or smoking lounges within the City while also reducing the siz e of exempt alcohol sales establishments from 12,000 to 8,000 sq. ft.
Exhibit A
Ordinance No. 2299
ORDINANCE NO. 2299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT DEV13-00001, AN AMENDMENT TO TITLE 5 AND TITLE 16 OF THE VICTORVILLE MUNICIPAL CODE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
LAND USE ALLOWANCES, APPEALS, ALCOHOL SALES, TIMING OF DEVELOPMENT
IMPACT FEE COLLECTION, MASSAGE ESTABLISHMENTS, TEMPORARY USES, SIGNS
AND DEVELOPMENT STANDARDS
WHEREAS, Pursuant to Title 7, Chapter 4, Article 2 of the Government Code of the State of California, the Victorville Planning Commission held a public hearing on the 10th of April, 2013, to hear arguments for and against the amendments and, after hearing all testimony offered; the Commission adopted Resolution No.P-13-011, which recommended to the City Council the adoption of Amendment DEV13-00001; and
WHEREAS, the City Council held a public hearing on the 4th of June, 2013, to hear arguments for and against the amendments and, after hearing all testimony offered; the City Council approved Amendment DEV13-00001 and adopted Ordinance No. 2299; and WHEREAS, this project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA} based upon CEQA Guidelines Section 15061(b}(3}, as there is no possibility that the proposed amendments will have a significant effect on the environment; and
WHEREAS, the City Council determines that this Ordinance is reasonable and necessary to protect and promote the general health, safety and welfare of the residents ofthe City of Victorville.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
That the Victorville Municipal Code be amended as follows:
Entered-Ouestvs
Table 7-1 Permitted, Conditional, Accessory and Temporary Land Uses {See attached Land Use Table 7-1 for changes}
16-3.07.020 Special requirements for certain permitted and conditional uses {a) Alcohol sales
(1) Finding of public convenience or necessity
(i) Prior to the establishment of any business selling alcoholic beverages, the Zoning Administrator, when required pursuant to Business and Professions Code Section 23958.4 shall make the finding of public convenience or necessity. Prior to making said finding, the Zoning Administrator shall consult with the City Police Department to receive that agency's comments. If the comments received indicate concerns, the Zoning Administrator shall not make the finding, but shall require the applicant to submit an application for a conditional use permit.
{ii) If any other discretionary approvals are required, the public convenience or necessity finding shall be incorporated into that process. (2) Off-site alcohol sales
(i) This subsection does not apply to existing establishments currently selling off-site (off-sale) alcoholic beverages with an active beer, wine or liquor license unless the license has lapsed for more than six months or are currently prohibited from selling single-serve alcoholic beverages through a Conditional Use Permit, a Finding of Public Convenience or Necessity and/or a through a Department of Alcoholic Beverage Control license.
{ii) An establishment selling alcohol for off-site consumption shall be prohibited from selling single-serve alcoholic beverages, including, but not limited to, beer, malt liquor and alcoholic energy drinks of any size: wine of less than 750ml in size:
distilled spirits of less than 375ml in size: or any other individual alcoholic beverage for single-serve consumption.
(b) Homeless Shelters
{ 1 ) A homeless shelter may include general office activities and provide for services clients such as, donations, mail reception, referral services, job placement services, worship, bible study, group meetings and clothing assistance. (2) The maximum length of stay for a resident{s) of a homeless shelter shall be six months.
(3) A homeless shelter shall be at a minimum of 1,000 feet from a nursing home, school, public park, assembly facility or another homeless shelter. (4) Homeless shelters shall be located within ½ mile of a public transportation facility or bus stop.
Exhibit B
Ordinance No. 2324
Exhibit C
Ordinance No. 2339
ORDINANCE NO. 2339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE RELATING TO VARIOUS AMENDMENTS TO TITLE 16 OF THE
VICTORVILLE MUNICIPAL CODE, INCLUDING BUT NOT LIMITED TO
TRANSITIONAL HOUSING, REASONABLE ACCOMMODATION, LIGHT
AUTO REPAIR, THE DEFINITIONS SECTION, THE LAND USE TABLE AND THE PROHIBITION OR REGULATION OF CERTAIN USE_S WITH AN
ENVIRONMENTAL EXEMPTION
WHEREAS, in recent years the City of Victorville C'Victorville") has experienced an economic downturn, including, but not limited to, deteriorating commercial neighborhoods, decreasing per capita sales revenue and increased public safety costs, all of which negatively impact the quality of life within Victorville and compromises Victorville's ability to provide services and attract new businesses; and
WHEREAS, the City finds the negative impacts of the economic downtown on the commercial retail market is adversely affecting the commercial lease rates and therefore is attracting less desirable and problematic businesses in the City; and
WHEREAS, on January 9, 2014, the City Council of Victorville (the "City Council") conducted a Pl!blic strategic planning session where the City Council identified goals and objectives to strive for over the next three year period; and
WHEREAS, at the January 9, 2014 planning session, the identified goals by City Council were, specifically: (1) a safer community, (2) a higher residential value, and (3) a prettier, cleaner community, with pride of ownership and improved streets; and WHEREAS, the City Council finds. that the Planning· Commission held a public workshop on September 10, 2014, to discuss problematic land uses, and based on the research submitted, deliberated to further prohibit certain problematic land uses; and WHEREAS, the City Council finds that a joint meeUng/workshop of the City Council and Planning Commission was held on April 29, 2014, regarding certain commercial uses including alcohol establishments, with presentation by Supervising Agent Armando Gonzalez with the Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
California Department of Alcoholic Beverage Control and Victorville Police Captain Sam Lucia; and
WHEREAS, the City Council finds that the Planning Commission, at their December 10, 2014 meeting, in accordance with City Council Strategic Plan goals and objectives for a safer, prettier, cleaner community, directed Staff to propose an ordinance to address certain land uses in order to reduce the potential negative effects of those uses within Victorville; and WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, Victorville has initiated an amendment to Title 16 of the Victorville Municipal Code as a means to implement the City Council's goals; and
WHEREAS, Pursuant to Title 7, Chapter 4, Article 2 of the Government Code, State of California, the Victorville Planning Commission held a public hearing that was opened on February 5, 2015, and closed July 8, 2015, to hear arguments for and against the Ordinance relating to various amendments to Title 16 of the Victorville Municipal Code (the "Development Code") and; after hearing all tes�imony offered; the Victorville Planning Commission adopted Resolution No. P-15-003, which recommended to the City Council the adoption of Municipal Code amendments specified in Planning Case No. DEV15-00001; and WHEREAS, the City Council finds that there is a need for strengthening, clarifying and modifyi�g the Development Code, including the land use table, in order to keep the Victorville Municipal Code current and reduce confusion or discrepancies; and WHEREAS, the City Council finds that adding definitions in the Development Code will aid in land use decisions and assist the pul;>lic and developers with land use needs; and WHEREAS, the City Council finds there is a need to prohibit or regulate additional land uses not yet specified in the Development Code and that adding definitions for various land uses will assist in overall land use prohibition and regulation in Victorville; and Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
WHEREAS, the City Council finds that adding a light automobile repair land use within the General Commercial District will provide flexibility and encourage occupancy and development, while adding the special requirements will ·maintain the intent of the District; and WHEREAS, the City Council finds- that revised alcohol allowances will allow for reduced retail building size and greater discretion by the Planning Commission on allowable alcohol related uses since larger retail outlets will provide higher quality development, security, and compliance with California Department of Alcoholic Beverage Control requirements; and WHEREAS, the City Council finds that prohibiting and regulating certain land uses will assist in creating a safer community by eliminating the ability of certain harmf�I businesses to locate in Victorville, thus deterring the patrons of these businesses from loitering in retail areas which may occur due to the nature and operations of certain land uses; and WHERl;:AS, the City Council finds that prohibiting and regulating certain businesses in commercial neighborhoods �ill create a safer community by improving the perception people and business owners have about Victorville; and
WHEREAS, the City Council finds that prohibiting and regulating certain uses in commercial neighborhoods will create a safer community by attracting quality businesses to Victorville, therefore improving the strength and vitality of retail neighborhoods; and WHEREAS, the City Council finds that prohibiting and regulating certain uses will create a prettier, cleaner community by keeping undesirable businesses out of commercial areas and attracting desirable businesses and owners to commercial neighborhoods; and WHEREAS, the City Council finds that prohibiting and regulating certain businesses in commercial neighborhoods will increase lease rates and increase per capita sales revenue by attracting quality new businesses with higher volume sales and higher business success rates; and
Ordinance 2339- DEV15-00001 Amendments July 21, 2015
WHEREAS, the City Council finds and determines that there is a need to prohibit and regulate certain land uses by Ordinance in order to help achieve the City Council goals of creating a safer, prettier and cleaner community; and
WHEREAS, with respect to Transitional Housing, Supportive Housing and Emergency Shelters, the City Council hereby finds and declares that:
• adding housing and emergency shelter definitions to the Development Code will clarify the different types of community housing and emergency shelters; and • adding housing and emergency shelter definitions to the Development Code will give support to Victorville complying with state housing laws; and • adding a transitional housing definition will ensure that Victorville meets the goals and policies of the Housing Element of the Victorville General Plan; and • adding a transitional housing definition will protect residential neighborhoods in Victorville by defining what qualifies as transitional housing; and • definitions for transitional housing, supportive housing, and emergency shelters are comprised of definitions of those uses provided by California Government Code Section 65582 and California Health and Safety Code Section 50801 as .applicable; and • adding transitional and supportive housing to the land use table will clarify where those land uses can occupy while complying with state housing laws; and • establishing a transitional and supportive housing land use allowance in Victorville will assist with meeting the goals and policies of the Housing Element of the General Plan and comply with state housing law while concurrently protecting residential neighborhoods; and
• the need to incorporate transitional and supportive housing into the Development Code will help Victorville reach the goals and policies as set forth within the 2013 - 2021 Housing Element of the General Plan by the September 16, 2015 target date.
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
• making an allowance for emergency shelters, transitional housing, and supportive housing into the Development Code will satisfy state law, specifically California Government Section 65583; and
WHEREAS, with respect to Massage Establishments and Body Art Facilities, the City Council hereby finds and declares that
• adding massage and body art related definitions to the Development Code will clarify the different types of land uses and associated employees; and • massage and body art related definitions are comprised of definitions provided by the California Business and Professions Code Section 4601 and the California Health and Safety Code Section 119301 as applicable; and
• modifying and adding special regulations for massage establishments and body art facilities is necessary due to the potential for illegal activity associated with those uses and for the protection of the health, safety and welfare of the citizens of Victorville; and • adding special regulations for massage establishments is needed due to the high number of massage businesses that have located in Victorville since the State modified regulation allowances of those businesses by local jurisdictions; and • adding special regulations for body art facilities is needed due to the potential for additibnal body art facilities within Victorville and the possi�le negative effects to the community and neighboring businesses associated with these facilities such as loitering, illegal activity, and blight; and
• adding special requirements for massage establishments will help to regulate those uses inasmuch as the State delegated additional regulation allowances of massage establishments to local jurisdictions on January 1, 2015; and • modifying and adding special regulations for massage establishments and body art facilities will assist Victorville in implementing the Goals a.nd Policies of the Land Use Element of the General Plan by balancing land uses, protecting existing development Ordinance 2339 - DEV15".'00001 Amendments July 21, 2015 from incompatible land uses, ensuring the integrity of each land use district, and enhancing the appearance of the Victorville community; and WHEREAS, with respect to Gold Exchange, Money Service Business and Pawn Shops, the • City Council hereby finds and declares that:
• adding money service business and pawnshop definitions to the Development Code will clarify the different types .of land uses; and
• the pawn shop definition is derived from definitions provided by the California Financial Code Section 21000 and the California Business and Professions Code Section 21626 as applicable; and
• gold exchange, money service businesses, and pawnshop businesses are associated with a higher volume of police calls than other businesses in Victorville and are indirectly linked to other crimes by being in the business of exchanging goods for money and/or their tendency to keep large amounts of cash on-site; and • money service, gold exchange, and pawnshop businesses take advantage of lower income individuals with less options for banking and/or loan services; and • money service, gold exchange, and pawnshop businesses are indirectly associated with crime due to the nature of the business in which an exchange of goods and/or checks for cash occurs on-site; and
• gold exchange and pawnshop businesses enhance and expedite the ability of criminals to receive cash in exchange for stolen goods because they provide a location and a. ( means to dispose of stolen property; and
• the City Council held public hearings on June 24, 2014; August 5, 2014; and February 3, 2015; and granted moratoriums on new money service businesses due to their potential negative impacts beginning June 26, 2014 and effective through August 5, 2015; and • �pplicable findings and recitals provided in City Council Ordinances 2319, 2320, and 2330 provide a foundation for the prohibition of money service businesses; and Ordinance 2339- DEV15-00001 Amendments Ju.ly 21, 2015
• Victorville currently has seventeen money service businesses to serve a population of approximately 125,000; and
• prohibiting money service, gold exchange, and pawnshop businesses are required for the health, safety and welfare of the res_idents of Victorville; and • prohibiting money service, gold exchange, and pawnshop businesses from operating in Victorville will protect the general health, safety and welfare of the residents; and • prohibiting gold exchange, money service, and pawnshop businesses from operating in Victorville will assist in implementing the Goals and Policies of the Land Use and Safety Elements of the General Plan by protecting existing development from incompatible land uses, ensuring the integrity of each land use district, enhancing the appearance of the Victorville ,community; and ensure adequate police protection capabilities by reducing the strain on law enforcement personnel; and
WHEREAS, with respect to Medical Marijuana Dispensaries and Hydroponics Stores, the City Council hereby finds and declares that:
• adding medical marijuana dispensary and hydroponic store definitions to the Development Code will clarify the different types of land uses; and • the �edical marijuana dispensary definition is present in Section 13.02.145 of the Victorville Municipal Code; and
• medical marijuana dispensaries are deemed a public nuisance and it is unlawful to establish, maintain, or operate a medical marijuana dispensary in Victorville pursuant to Chapter 13.02 of the Victorville Municipal Code entitle "Nuisances"; and • medical marijuana dispensaries and hydroponic stores are directly linked to crime and illegal activity by b�ing in the business of supporting the use and cultivation of a Schedule 1 narcotic as defined by the United States Controlled Substances Act; and • hydroponic stores typically provide all mediums, supplies, and general information used to cultivate marijuana; and
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
• stand alone hydroponic stores became prevalent in urbanized areas only after California medical marijuana laws were passed; and
• hydroponic stores are typically associated with marijuana cultivation and may contribute to an increased amount of illegal narcotics within Victorville; and • prohibiting medical marijuana dispensaries and· hydroponic stores are required for the health, safety and welfare of the residents of Victorville; and • prohibiting medical marijuana dispensaries and hydroponic stores from operating in VictorviHe will protect the general health, safety and welfare of the residents; and • prohibiting medical marijuana dispensaries and hydroponic store from operating in Victorville will assist in implementing the Goals and Policies of the Land Use and Safety Elements of the General Plan by protecting existing development from incompatible land uses, ensuring the integrity of each land uses di�trict, enhancing the appearance of the Victorville community; and ensure adequate police protection capabilities by reducing the strain on law enforcement personnel; and
WHEREAS, with respect to Internet Cafes, the City Council hereby finds and declares that:
• updating the internet cafe definition in the Development Code will clarify the land use and help prevent illegal activities; and
• in this modern age of technology and electronics, Wi-Fi and smart phones, high speed internet access and fiber optics, computers/laptops, ·and education, the idea of an internet cafe where people pay to access the internet is outdated, along with the ·idea that a cafe owner will make enough profit to pay the locations rent is unrealistic; and • internet cafes are associated with a higher volume of police calls than other businesses in Victorville and are directly linked to illegal gambling, also known as "sweepstakes"; and
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
• internet cafes provide provides a means for patrons to engage in illegal gambling through the use of "sweepstakes" on computer terminals made to look, feel, and act like slot machines; and
• "swe�pstakes" which utilize a method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value have been deemed prohibited in the State of California pursuant to Section 17539.1 of Business and Professions Code; and • the prohibition of internet cafes will not prevent colleges, government agencies, hotels, schools, social services, amenities within a multi-family development from offering internet access and/or computer labs/banks for use by their guests/students; and • prohibiting internet cafes is required for the health, safety and welfare of the residents of Victorville; and
• prohibiting internet cafes from operating in Victorville will protect the general health, safety and welfare of the residents; �nd
• prohibiting internet cafes from operating in Victorville will assist in implementing the Goals and Policies of the Land Use and Safety Elements of the General Plan by protecting existing development from incompatible land uses, ensuring the integrity of each land uses district, enhancing the appearance of the Victorville community; and ensure adequate police protection capabilities by reducing the strain on law enforcement personnel; and
WHEREAS, with respect to Tobacco Uses, the City Council hereby finds and declares that:
• based in part on the information contained in this section, the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco Ordinance 2339- DEV15-00001 Amendments July·21, 2015
products to minors, presents an imminent threat to the public health, safety, and welfare of the residents of the Victorville; and
• approximately 480,000 people die in the United States from tobacco-related diseases every year, making tobacco use the nation's leading cause of preventable death according to the U.S. Department of Health and Human Services; and • 5.6 million of today's Americans who are younger than 18 are projected to die prematurely from a smoking-related illness according to the U.S. Department of Health and Human Services; and
• WHER.EAS, a November 2011 Policy Brief by Healthy High Desert mentioned that tobacco use continues to be a significant health risk factor in the High Desert with 20% of adults and 15% of high school seniors smoking cigarettes. In addition, one in five high school students uses marijuana; and
• the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the facts that:
o The Legislature has declared that smoking is the single most important source of preventable disease and premature death .in California (Cal. Health & Safety Code§ 118950); and
o State law prohibits the sale or furnishing of cigarettes, tobacco products, and tobacco paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308); and o State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using minors to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952); and o State law prohibits the sale of tobacco products �nd paraphernalia through self Ordin�nce 2339 - DEV15-00001 Amendments July 21, 2015
service displays with limited exceptions for tobacco stores (Cal. Bus. & Prof.
Code § 22960, 22962); and
o State law prohibits the sale of "bidis" (hand-rolled filter-less cigarettes imported primarily from India and Southeast Asian countries) except in adult-only establishments (Cal. Pen. Code § 308.1 ); and
o State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or s�le of "roll-your own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal.
Pen. Code § 308.3); and
o State law prohibits the sale or furnishing of electronic cigarettes to minors (Cal.
Health & Safety Code § 119405); and
• state law requires all tobacco retailers to be licensed by the Board of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code §§ 22970.1, 22972); and • state law explic!tly permits cities and counties to enact local tobacco retail ordinances, and allows for the suspension or' revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and • California courts �ave affirmed the power of Victorville to regulate business activity to discourage violations of law. ( See, e.g., Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento, 184 Cal. App. 4th 697 (201 O)); and • despite the State's efforts to limit youth access to tobacco, minors are still able to access cigarettes, as evidenced by the facts that:
o In California, 36.8 percent of high school students have smoked a whole cigarette by 14 years of age according to a 2012 report from the California Department of Public Health; and
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
o In California, 64 percent of adult smokers started by the age of 18 according to a 2012 report from the California Department of Public Health; and o Among middle school students who were current cigarette users in 2004, 70.6 percent were not asked to show proof of age when they purchased or attempted to purchase cigarettes from a store, and 66.4 percent were not refused purchase because of their age based on a study published by the U.S. Department of Health and Human Services in 2005; and
o In 2002; youth smoked approximately 540 million packs of cigarettes, generating nearly $1.2 billion in tobacco industry revenue, according to a 2006 study by Healthon C, Farrelly MC, et al.; and
• California retailers continue to sell tobacco to underage consumers, evidenced by the following:
o 7.6 percent of all tobacco retailers were witnessed unlawfully selling to minors in 2013 according to the California Department of Public Health; and o Among the 14.2 percent of minors nationwide who smoked cigarettes in 2011,
14.0 percent had usually obtained their own cigarettes by buying them in a store or gas station according to a study by the U.S. Department of Health and Human Services published in 2012; and
• Victorville has a larger population percentage of minors (33%) as compared to the state average (25%) and therefore has a higher number at risk of exposure to tobacco products and services; and
• the widespread presence of tobacco in retail settings normalizes the use of tobacco products and triggers smoking urges among former smokers and those attempting to quit; and
• the Institute of Medicine recommends restricting the number and location of tobacco outlets to discourage tobacco use and to reduce tobacco-related disease; and Ordinance 2339- DEV15-00001 Amendments July 21, 2015
• retailers that have state licenses to sell alcohol are accustomed to complying With state law licensing requirements and laws requiring age verification because they face fines, license suspension, and license revocation if they sell alcohol to persons under age 21; and
• retailers that have a state license to sell alcohol for consumption off the premises must be approved through a state application process. Factors examined upon such applications-including whether there is an overconcentration of retailers in an area and whether a retailer is too close to residences or areas frequented by youth-are also �elevant to whether a retailer should be granted the right to sell tobacco; and • efforts to decrease perceptions of smoking as a socially acceptable behavior in bars, nightclubs and other establishments where smoking is permitted may help reduce smoking among young adults according to the American Journal of Public Health; and
• exemptions from smoke -free air laws have facilitated the emergence of niche tobacco markets, such as hookah bars and tobacco shops; and • separating places where smoking is permitted from places where tobacco is sold is necessary to promote the health of our residents by reducing impulsive smoking and social pressure to smoke; and
• WHEREAS, with respect to SmokeNape Shops and Smoking/Hookah Lounges, the City Council incorporates the tobacco recitals hereinabove and further finds and determines that:
• the need to prohibit new smoke/vape shops and smoking/hookah lounges based on those recitals and the recitals within this Section in order to protect for the health, safety and welfare of the residents of Victorville; and
• there exists a lack of state and federal control on E-cigarettes and other tobacco and _tobacco related products; and
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
• the U.S. Food and Drug Administration (FDA) does not currently regulate electronic smoking devices and the potential health risks of vaping are not yet fully understood by the general population, especially youth; and
• • under California law it is currently illegal to sell an electronic cigarette device to a minor, however, this law does not prohibit minors from purchasing a-liquids that are sold separately from the electronic smoking device, including both nicotine-based liquids and non-nicotine liquids; and since vape shops increasingly sell a-liquids (including candy and fruit varieties) separately from the electronic smoking devices, the City Council wishes to prohibit these establishments; and
• hookah lounges, vape shops and smoke shops create a social environment where people can comfortably gather to vape and smoke; sometimes, these businesses will also have TVs, a DJ, or food and drink. The use of electronic smoking devices and other smoking devices indoors undermines existing clean indoor air laws and exposes customers and employees to potentially hazardous chemicals, such as formaldehyde, acetaldehyde, lead, nickel, and chromium, and negatively impacts neighboring businesses; and
• numerous California cities have adopted moratorium ordinances to prevent new vape shops from entering the market and more than 70 cities and qounties in California require have regulations pertaining specifically to the sale of electronic smoking devices; and
• over 8 percent of all tobacco retailers statewide were witnessed unlawfully selling to minors in 2012, and tobacco stores (defined as businesses in which at least 80 percent of merchandise was tobacco products) sold to minors at a much higher rate than the statewide average, as high as 20.5 percent according to the 2012 report by the State Health Officer's Report on Tobacco Use and Promotion in California by the California Department of Public Health; and
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
• many cigarette, tobacco, vape and smoke shops sell items that are commonly known to be drug paraphernalia, including bongs and pipes used to smoke methamphetamine and other illicit drugs, and claim that such items are intended for tobacco use; and WHEREAS, with respect to Drug Paraphernalia, the City Council hereby finds and declares that:
• state law prohibits sales of "drug paraphernalia"; and • many retailers nevertheless sell items that are commonly known to be "drug paraphernalia," including bongs and pipes used to smoke methamphetamine and other illicit drugs, claiming that such items are intended for tobacco use; and • several California cities require compliance with state drug paraphernalia laws as a condition of obtaining and maintaining a local business license; and WHEREAS, with respect to Reasonable Accommodations, the City Council hereby finds and declares that:
• the Federal Fair Housing Act, Section 3604(f)(3)(b) of Title 42 of the United States Code and the California Fair Employment and Housing Act, Section 12955 of the California Government Code obligate local governments to make reasonable accommodations in their land use, zoning and building codes when flexibility is necessary to provide individuals with disabilities an equal opportunity to use and enjoy a dwelling; and • providing a reasonable accommodation in housing se9tion to the Development Code will ensure that Victorville complies with these state and federal fair housing laws; and • providing a reasonable accommodation in housing section to the Development Code will ensure. that Victorville meets the goals and policies of the Housing Element of the Victorville General Plan; and
• including a r�asonable accommodation in housing section to the Development Code will promote housing opportunities for those .persons with disabilities; and Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
• including a reasonable accomrnodatiol"1 section to the Development Code will allow flexibility in regulatory barriers, including zoning, land use and building codes, for those persons with disabilities seeking fair access to housing; and • the need to provide for reasonable accommodation in housing for persons with disabilities will allow those individuals with equal housing opportunities and will satisfy the goals and policies of the Housing Element of the General Plan as well as the above mentioned state and federal laws; and
• providing reasonable accommodation in housing will satisfy an existent and important need for persons with disabilities in Victorville; and
• providing reasonable accommodation in housing will allow for realistic flexibility within the Development Code for persons with disabilities; and • providing reasonable accommodation in housing will allow for equal housing opportunities for persons with disabilities; and
• providing reasonable accommodation in housing is a goal of the Housing Element of the General Plan; and
• providing reasonable accommodation in housing is required by federal and state housing laws, specifically the Federal Fair Housing Act, Section 3604(f)(3)(b) of Title 42 of the United States Code and the California Fair Employment and Housing Act, Section 12955 of the California Government Code; and
WHEREAS, the City Council finds that the facts and findings set forth in the recitals hereinabove, justify and substantiate the definitions, land use requirements, and prohibitions included in the subsequent Code Amendments to �e made by this Ordinance; and WHEREAS, the City Council finds on their own independent judgment that this project has been determined to be -categorically exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed .amendments will have a significant effect on the environment inasmuch as the amendments do Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
not increase land use allowances or modify existing standards that will negatively affect the environment, as they are intended to align with state housing law, provide flexibility to commercial land uses, expand definitions for land use clarification and promote the safety and well being of the community through land use restrictions on specific land uses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.
Section 2.. Additions, Deletions, �rid Revisions of of Various Sections of Title 16 to the Victorville Municipal Code
That Title 16 of the Victorville Municipal Code be amended as follows:
Legend
Existing Text
b)eletea +eMt
Revised Text
New Text
{Editing Notes}
Title 16 Amendments
Chapter 1 : Development Department
Article 3: Definitions
Sec. 16-1.03.010 Definitions
Body art facility
* Additions*
a fixed location in which a body art practitioner performs. or demonstrates for the purpose of instruction. body art. including reception areas. the procedure area. and the decontamination and sterilization area. excluding those locations where body art is only provided on an out-call basis.
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
Body art practitioner
a person who performs body art on a client. These activities include tattooina. body piercing. application of permanent cosmetics. and branding.- Electronic smoking product and/or device
(also known as "electronic cigarette." "e-cigarette." "electronic nicotine delivery system, " ""e-cigar." "e-cigarillo." "e-pipe." "e-hookah." "hookah pen." "vape pen" etc.) is a battery operated device used to inhale a vaporized liquid solution that frequently, though not always. contains nicotine. The sale of electronic smoking products and devices are hereby regulated by the Victorville Municipal Code in the same manner as tobacco product and paraphernalia sales.
Drug Paraphernalia
has the meaning set forth in California Health & Safety Code Section 11014.5. as that •
Section may be amended from time to time.
Emergency shelter
housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Residential, group or community care facility
any facility, place or building that is maintained and operated to provide residential care for six or fewer people as defined, regulated, and licensed by state law: including but not limited to the physically handicapped, • mentally impaired, incompetent persons, abused or neglected children and the elderly. Community Care Facilities include but are not limited to the following: residential facility, adult day care facility, therapeutic day setvices facility, foster family agency, foster family home, small family home. social rehabilitation facility, . community treatment facility. full service adoption agency. noncustodial adoption agency, and transitional shelter care facility. Any of these facilities in a single-family zoning district shall be subiect only to those restrictions that apply to other residential dwellings of the .same type in the same zone if required by state law.
Transitional housing
housing configured as rental housing developments. with supportive services for up to twenty-four months but not less than six months. Transitional housing is designated and targeted for recently homeless persons and is intended to move recently homeless persons to permanent housing as quickly as possible and recirculate the assisted housing to another eligible program recipient. This type of housing includes self-sufficiency development services, and limits rents and service fees to an • ability-to-pay formula reasonably consistent with the United States Department of Housing and .Urban Development's requirements for subsidized housing for 'low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
Supportive housing
housing with no limit on length of stay, that is occupied by persons with low incomes who have one or more disabilities. including mental illness. HIV or AIDS. substance abuse.· or other chronic health condition. or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4. 5 (commencing with Section 4500) of the Welfare and Institutions Code) and. may include, among other Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
populations. adults, emancipated minors, families with children. elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people: and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability· to live and, when possible, work in the community.
Automobile repair. Light
automobile repair that includes tire/wheel installation. service, and repair; alignment service: shocks and brake service: lube and oil change service: and other related light automobile repair, service, and maintenance as determined by the Zoning Administrator.
Light automobile repair does not include service or repairs that require mechanical expertise, machining (other than brake drum/rotor repair), engine removal. exhaust repair. and body/panel repair.
Automobile repair. Heavy
automobile repair that includes service or repairs that require mechanical expertise, machining (other than brake drum/rotor repair), engine removal. exhaust repair, body/panel repair. other related heavy automobile repair. and heavy equipmentltractor trailer repair and/or service as determined by the Zoning Administrator. Heavy automobile repair does not include auto wrecking yards. salvage yards. storage yards. or any other functions not intended to repair/service automobiles on-site planned to be returned to road worthy condition.
Hydroponic store
means any business whose primary sales consist of product and apparatus used for growing plants without soil or in a non-soil medium such as water or other nutrient rich solutions: with or without an inert medium (i.e. gravel. perlite, etc.), and/or controlled conditions of light. temperature, and humidity. For the purpose of this Title, hydroponic stores also include businesses whose sales include grow lights (i.e. plant lights), artificial light sources. and other supplies typically used for hydroponics as the primary use.
Hydroponics stores are also synonymous with aeroponics, aquaculture, fogponics. etc.
Internet cafe
an establishment that provides four (4) or more computers and/or other electronic devices, for access to that system commonly referred to as the ''internet", E-mail, playing video games over the internet, sweepstakes, and/or access to other computer software programs, to the public for compensation and for public access. Internet Cafe is also synonymous with PC Cafe, Cyber Cafe, Cyber Centers, Sweepstakes Cafes, Gambling Arcades. etc. Those facilities provided by colleges. government agencies. hotels. schools. social services, or included as an amenity within a multi-family development shall not be considered an Internet Cafe for the purpose of this Title.
Massage establishment
a fixed location where massage is performed for compensation. excluding those locations where massage is only provided on an out-call basis.
Massage technician
means a person who is certified by the California Massage Therapy Council and who administers massage for compensation. including massage practitioners and massage • therapists as defined by California Massage Therapy Council.
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
Medical marijuana dispensary
means any business. facility or location. whether fixed or mobile. where medical mariiuana is made available to. distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362. 5 et seq.
Money service
businesses not considered financial institutions such as. but not limited to. payday loans. check cashing. title loans, automobile title loans. or money transmitters not registered with. and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission.
Pawnshop
means any business whose primary operations include lending money on the security of pledged goods left in pawn. or in. the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. This definition shall also include businesses that purchase tangible personal property such as precious metals with the intent to resell items in bulk and/or deconstructed. establishments known variously as gold buying, gold exchange, etc .. as determined by the Zoning Administrator.
Smoking lounge
a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other legal substances and vaporizing. including, but not limited to, establishments known variously as cigar lounges, hookah cafes, hookah lounges, tobacco clubs, tobacco bars, vape. vapor cafes, vapor lounges, etc. ( collectively referred to as "smoking lounge(s)").
Smoke shop
An establishment that either devotes more than 10 percent of its total floor area to tobacco products. including paraphernalia. or devotes more than a 2 foot depth by 4 foot length section of a single shelf space for display for sale of tobacco paraphernalia.
Tobacco paraphernalia
shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking. chewing, absorbing, dissolving. inhaling. snorting. sniffing. of ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not I imited to the following: pipes, punctured metal bowls, bongs. water bongs, electric pipes. e-cigarettes, e-cigarette iuice. buzz bombs. vaporizers, hookahs, and devices for holding burning material. - Lighters and matches shall be excluded from the definition of tobacco paraphernalia.
Tobacco product
shall mean any product in leaf. flake, plug. liquid. or any other form. containing nicotine derived from the tobacco plant. or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product. whether smoked, chewed. absorbed, dissolved. inhaled. snorted, sniffed, or ingested by any other means. For the purposes- of this chapter. the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
a tobacco/smoking cessation product or for other medicalpurposes. where such product is marketed and sold solely for such an approved purpose.
Chapter 3: Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements
Sec. 16-3.07.010 Table 7-1 Permitted, Conditional, Accessory and Temporary Land Uses *Additions/Change*
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*Subject to all standards and reg_uirements of the underl'{jng_ Zone District.
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Car wash-� C � full service
Car wash- C self service
Gas/service C C C C C station
Parking C C C C C structure
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Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
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*Change/Deletion*
CA CM IPD Ml M2 PC
{Remaining unchanged subsections of Sec. 16-3.07.020 as proposed shall be re- designated alphabetically} • *Change*
{Delete Sec. 16-3.24.120 titled "Finding of public convenience or necessity" and remove from title page listing of Article 24 of Title 16, Chapter 3} *Delete* Sec. 16-3.07 .020
Special requirements for certain permitted and conditional uses *Change* (a) Alcohol sales
(1) Conditional use permit required
(i) Except as provided in subsection (ii) and (iii) below, all alcoholic beverage establishments to which this Chapter is applicable shall obtain a conditional use permit pursuant to Article 2 of this Chapter and satisfy all conditions, as set forth in any applicable law or regulation, including any law or regulation of this Code, in any entitlement and in any license issued, prior to engaging in any alcoholic beverage sales activity.
(ii) Unless otherwise required by this chapter, a conditional use permit shall not be required of an establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 12,000 8,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages. If found to be in violation of this Chapter, such alcoholic beverage establishments exempt from the requirement of a conditional use permit pursuant to this subsection, cap lose its exemption pursuant to revocation procedures provided in Chapter 7 of this Title. If such revocation is Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
granted, such establishment will need to comply with obtaining a conditional use permit prior to continuing the sale of alcohol.
(iii) Unless otherwise required by this chapter, a conditional use permit shall not be required of a restaurant, as defined, establishment that serves alcoholic beverages for on-site consumption, limited to on-sale beer and wine, non-fortified products only.
(2) Finding of public convenience or necessity
(i) In areas with an over-concentration of alcohol licenses for off-site consumption as defined pursuant to Business and Professions Code Section 23958.4, the City desires to strike a balance between the number of off-site licenses and the convenience of store customers. As a result, consideration to approve a finding of public convenience or necessity may be given by either the City Council, Planning Commission, or Zoning Administrator, as applicable; to businesses wishing to obtain an off-site license in over-concentrated areas that comply with the following criteria:
a. The retailer must occupy greater than 12,000 8,000 square feet of gross floor area or be tied to a fueling station on the premises with fuel sales comprising the majority of the business's sales;
b. A retailer tied to a fueling station with less than 12,000 8,000 square feet of gross floor area shall be limited to off-site beer and wine, non-fortified products only;
c. No more than 10% of the floor area may be devoted to alcoholic beverage display. unless a larger percentage of display is otherwise approved by the Planning Commission;
d. At least 10% of the floor area must be devoted to food and non-alcoholic beverage sales;
e. If location of the proposed business is within a high crime area, whi.ch is defined as Police Department calls for service to alcohol-related incidences of 20% greater than the average number reported for the City as a whole,· the hearing body may use that fact in denying the application or the Public Convenience or Necessity finding required for the Department of Alcoholic Beverage Control;
f. The property/building/use has no outstanding Building or Health Code violations or Code Enforcement activity;
g. The site is properly maintained, including building improvements, landscaping, and lighting; and
h. The owner/applicant has no history of violations with the Alcoholic Beverage Control Board and/or City of Victorville.
(ii) Prior to the establishment of any business selling alcoholic beverages, when within the Zoning Administrator's purview, the Zoning Administrator, when required pursuant to Business and Professions Code .Section 23958.4 shall make t�e finding of public convenience or necessity. Prior to making said finding, the Zoning Administrator shall consult with the City Police Department to receive that agency's comments. If the comments received indicate concerns, the Zoning Administrator shall not make the finding, but shall require the applicant to submit an application for a conditional use permit for Planning Commission review, when not otherwise required.
Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
(iii) If any other discretionary approvals are required, the public convenience or necessity finding shall be incorporated into the process for such discretionary approval review.
(3) Distance requirements
(i) No off-site alcoholic beverage establishment shall be located within 600 feet of residentially zoned property, public or private schools, religious facilities, or parks or playgrounds, except:
a. A general retail store, or grocery store, or retail pharmacy with greater than 12,000 8,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages, unless a larg_er percentage of display is otherwise approved by the Planning Commission; or
b. A convenience market with a maximum of 10 percent of the retail display area devoted to the sale and display of alcoholic beverages, limited to off-site beer and wine, non-fortified products only. Retail display area includes all floor area within the establishment that is accessible and within view of customers, including aisles, and floor area occupied by shelves, counters, and refrigerator coolers.
(ii) No Bar or Nightclub that sells alcoholic beverages for on-site consumption shall be located within 600 feet of residentially .zoned property, public or private schools, religious facilities, or parks or playgrounds.
(iii) For purposes of this section, distances shall be measured between the closest property lines of the affected locations.
(4) Operational standards - applicable to off-site alcoholic beverage sales activities (i) Off-site alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards and alcohol sales limitations:
a. An establishment selling alcoholic beverages shall not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.
b. An establishment selling alcohol for off-site consumption shall be prohibited from selling single-serve alcoholic beverages, including, but ·not limited to, beer, malt liquor and alcoholic energy drinks of any size; wine of less than 750ml in size; distilled spirits of less than 375ml in size; or any other individual alcoholic beverage for single-serve consumption. This restriction shall not be required of an establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 8,000 square feet of gross floor area. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of two or more gallons, which are clearly designeq to dispense multiple servings. This restriction does not apply to existing establishments selling alcoholic beverages for off-site consumption with an active beer, wine or liquor license established prior to July 18, 2013 (the effective date of Ordinance 2299), unless the license has lapsed for more than 90 or more consecutive days, or was originally prohibited from selling single-serve alcoholic beverages through a Conditional ·Use Permit, a Finding of Public Convenience or Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
Necessity and/or a through a Department of Alcoholic Beverage Control license.
c. An establishment selling alcoholi.c beverages shall not result in nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, sales to minors or police detentions and arrests.
d. An establishment shall comply with all provisions of local, state or federal . laws, regulations or orders, including but not limited to those of the ABC,· California Business and Professions Code§§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.
e. The premises upkeep l;lnd operating characteristics shall be compatible with, and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
f. An establishment shall comply with the following public nuisance prevention measures:
1. Lighting: Exterior areas of the premises and adjacent parking lots shall be provided with sufficient lighting in a manner that provides adequate illumination for alcohol establishment patrons while not spilling onto surrounding residential and commercial properties. A photometric study may be required to demonstrate compliance.
2. Litter: Adequate litter receptacles shall be provided on site and in the building. The premises shall be kept free of the accumulation of litter and shall be removed no less frequently than once each day the business is open.
3. Loitering: The establishment's operators or employees shall be required to discourage loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
4. Signage: There shall be no exterior advertising of alcoholic products, or tobacco and paraphernalia or similarly controlled products.
5. Signs: The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:
i. "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age."
ii. "No Loitering or Public Drinking."
iii: "It is illegal to possess an open container of alcohol in the vicinity of this establishment."
6. Presentation of Documents: A copy of the conditions of approval and the California Department of Alcoholic Beverage Control license shall be required to be kept on the premises and presented to any-7 enforcement officer or authorized state or county official upon request.
7. �itigating Alcohol Related Problems: The establishment shall be required to operate in a manner appropriate with mitigating alcohol Ordinance 2339 - DEV15-00001 Amendments July 21, 2015
related problems that negatively impact those individuals living or working in the neighborhood including but not limited to congregation of individuals, violence, drunkenness, public urination, solicitation, drug dealing, drug use, and loud noise on or near the premises. Such mitigation measure shall include the operators and employees of the establishment maintaining �dequate surveillance of the premises and nearby areas and contacting local law enforcement officials during the early stages of a disturbance.
8. Drug Paraphernalia: An off-site alcohol establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000.
9. Prohibited Vegetation: Exterior vegetation shall not be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.
10. Window Obstructions: To ensure a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance, no more .than 15% of windows and entry doors shall be blocked by signs, vending machines, shelves, racks, storage, etc.
11. Training: Each off-site operator and their employees selling alcohol shall complete the Responsible Beverage Service (RBS) Training component.
To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board or other certifying/licensing body designated by the state of California. Proof of completion shall be kept on the premises and provided to City officials within 48 hours of a written request.
12. Posting of Documents: A copy of these operational standards, any applicable ABC or city _ operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.
(ii) Failure to comply with any of these requirements shall constitute grounds for revocation of a conditional use permit and/or business license. These above requirements, shall not be considered the sole· grounds for revocation of a conditional use permit and/or business license.
Ordinance 2339- DEV15-00001 Amendm�nts July 21, 2015
(16) Any person practicing outcall massage services within City limits shall have a valid state massage certification from the State Massage Therapy Council, and shall carry the certificate with them at all times while performing massage[s] in the city and shall provide such certification if requested by any Police Officer or Code Enforcement Officer.
(18) The owner of any massage .establishment or �utcall massage service within the City is responsible for the conduct of all employees working within the City limits. Any violation of provisions of this chapter, or any other ordinance of the city, shall be justification for revocation of the owner's business license and any associated Conditional Use Permit or Home Occupation Permit.
(18) Any massage establishment whose Conditional Use Permit has been revoked, or any Conditional Use Permit that has expired. shall conform with all requirements of Title 16 as applicable, prior to application submittal of a new Conditional Use Permit. (19) Any massage establishment or outcall massage service operated or maintained contrary to the provisions of this chapter or other ordinances of the city shall result in the revocation of the business license in accordance with the procedures of this Code.
Additionally, any violations of this chapter are hereby deemed a public nuisance and may be abated according to Chapter 1.04 and/or remedied in accordance with Chapter
1.05 of the Victorville Municipal Code.
(20) Any massage technician or therapist that violates any provision of this chapter or other ordinance of the city shall result in the revocation of their business license in accordance with the procedures of this Code.
(21) All massage establishments shall post a current list of all licensed massage technicians providing massage services at the location. The list shall be displayed in a conspicuous public place within the massage establishment and shall only include those licensed massage technicians that have 6een verified by the City of Victorville in coniunction with business license approval ..
(22) All massage establishments shall display the applicable standards contained within this section in a conspicuous-public place within the massage establishment. (m) Tobacco product and paraphernalia sales requirements * Addition* {11 No license may be issued to authorize retail tobacco product and paraphernalia sales at any location that is not licensed under state law to sell alcoholic beverages for consumption off the premises (e.g. an "off-sale" license issued by the California Department of Alcoholic Beverage Control).
{2l The display area of tobacco produ'cts, including paraphernalia, shall not exceed 10 percent of the total floor area of a business establishment. @ The display area devoted to tobacco paraphernalia shall not exceed a 2 foot in depth by 4 foot in length section of a single shelf space.
Ml The display of tobacco products and paraphernalia shall be located behind a service counter in a manner that prohibits self-service by the customer. _{fil. It shall be a violation of this municipal code for any licensee or any of the licensee's agents or employees to violate any local. state, or federal law regulating controlled substances or Drug Paraphernalia, such as. for example, California Health and Safety Code section 11364.7.
[fil No smoking or vaping shall be permitted on the premises at any time. {1). The sale of tobacco products and paraphernalia to a minor is prohibited . .@1. No sales may be solicited or conducted on the premises by minors.
Ordinance 2339- DEV15-00001 Amendments July 21, 2015
_{fll No distribution of free or /ow-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
(n) Body art facility operating requirements *Addition* ( 1 J The provisions of this section shall not apply to facilities that solely provide ear piercing as an accessory use to a primarily retail location, that only pierces the ear with a disposable, single-use, pre-sterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, unless otherwise required by the County of San Bernardino Health Department. (2) No body art facility may be located within three thousand (3,000) feet of another body art facility nor within six hundred (600) feet of an elementary, secondary or high (3)
(4)
(5)
(6)
(7)
(8)
(9)
school: nor within two hundred (200) feet of a lot in the residential zone.
No alcoholic beverages shall be sold or consumed on the premises.
No persons under eighteen (18) years of age shall be permitted within the business.
All business-related activities shall be conducted wholly within a building. "No Loitering" signs shall be placed along the business frontage and shall be enforced by the business owner.
No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Development Department.
Pool tables or other amusement devices are not permitted anywhere within the business. ,,
A valid license and/or permit from the San Bernardino County Health Department shall be maintained at all times for the facility and obtained prior to the issuance of a business license.
Every person performing body art services for compensation shall obtain and maintain a valid registration with the San Bernardino County Health Department. (10) Each .body art practitioner shall maintain a valid registration with the San Bernardino County Health Department, a copy of which shall be conspicuously posted in the location where body art services are provided.
(11) Maintain verification that all body art practitioners working at the establishment have a valid registration with the San Bernardino County Health Department. which shall be provided at the request of local authorities.
- (12) The business shall be in conformity with all city, state and federal laws. (13) The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.
(14) All outca/I body art services with a principal place of business located inside or outside of City limits which provides body art services within City limits shall obtain and maintain a city business license.
(15) Any person practicing outcall body art services within City limits shall have a valid registration with the San Bernardino County Health Department, and shall carry the registration with them at all times while performing body art in the city and shall provide such registration if requested by any Police Officer or Code Enforcement Officer.