Chapter 8.36
E-CIGARETTE LOUNGES AND VAPOR BARS
Sections:
8.36.030 E-cigarette lounges and vapor bars prohibited.
8.36.050 Penalties for violation.
8.36.010 Purpose.
The purpose of this chapter is to protect the public health and safety by prohibiting e-cigarette lounges and vapor bars from locating in the City of Healdsburg. The City Council may adopt by resolution any regulations or policies that will further the purpose of this chapter, and that do not conflict with the provisions herein. (Ord. 1146 § 2, 2015.)
8.36.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“City” means the City of Healdsburg.
“E-cigarette lounges” and “vapor bars” mean any facility, building, structure or location, whether fixed or mobile, where customers utilize a heating element that vaporizes a liquid solution that releases nicotine or flavored vapor. (Ord. 1146 § 2, 2015.)
8.36.030 E-cigarette lounges and vapor bars prohibited.
The establishment and/or operation of e-cigarette lounges and vapor bars shall be prohibited in all areas of the City of Healdsburg. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment or operation of an e-cigarette lounge or vapor bar within the City limits of the City of Healdsburg. (Ord. 1146 § 2, 2015.)
8.36.040 Establishment or maintenance of e-cigarette lounges and vapor bars declared a public nuisance.
The establishment, maintenance, or operation of an e-cigarette lounge or vapor bar as defined in this chapter within the City limits of the City of Healdsburg is declared to be a public nuisance. (Ord. 1146 § 2, 2015.)
8.36.050 Penalties for violation.
A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. In the event any civil suit or action is brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the City for the City's costs of the suit, including, but not limited to, attorneys’ fees, expert fees, and other costs of the suit.
B. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance pursuant to Chapter 1.12 HMC as that chapter may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense or by a civil court action, prosecuted by the City attorney in the name of the City or in the name of the people of the state of California, by seeking the appointment of a receiver, or in any other manner provided by law. (Ord. 1146 § 2, 2015.)