Chapter 8.37
SMOKING LOUNGES
Sections:
8.37.040 Permissible locations.
8.37.050 Permitted hours of operation.
8.37.060 Compliance with State laws related to smoking.
8.37.070 Application for permit.
8.37.080 Determination of application completeness.
8.37.090 Action on application.
8.37.100 Building permits and business tax certificates.
8.37.010 Definition.
“Smoking lounge” means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. (Collectively referred to as “smoking lounge(s).”) (Ord. 1939 § 2, 3-24-15).
8.37.020 Permit required.
(a) It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city, the business of a smoking lounge, unless smoking lounges are authorized in the applicable zoning district, and the City has issued either a smoking lounge permit or a conditional use permit pursuant to this chapter.
(b) The holding or conducting of any event or activity subject to the provisions of this chapter without a valid permit therefor issued pursuant to the provisions of this chapter, unless expressly exempt hereunder, is declared a public nuisance. (Ord. 1939 § 2, 3-24-15).
8.37.030 Operating standards.
It is unlawful for any person to engage in, conduct, or carry on, in or upon the premises within the city, the business of a smoking lounge except in compliance with all of the following requirements:
(a) Type of Business. The business qualifies as a retail or wholesale tobacco shop or private smokers’ lounge, as defined in California Labor Code Section 6404.5(d) and SCCC 8.35.060(a)(3), or the business sells electronic cigarettes for consumption on the premises.
(b) Alcoholic Beverages. No alcoholic beverages shall be sold or consumed on the premises.
(c) Intoxicated Persons. A smoking lounge owner or operator shall not permit any person obviously under the influence of any intoxicating drug or beverage to patronize the smoking lounge.
(d) Minors. No persons under eighteen (18) years of age shall be permitted within the business.
(e) Entertainment. No live entertainment, including but not limited to singers, disc jockeys, dancers, or comedians, shall be permitted within the business except as authorized pursuant to and in accordance with the terms of a valid entertainment permit issued pursuant to Chapter 5.60 SCCC, Public Entertainment, and/or Chapter 5.61 SCCC, Public Entertainment Generally.
(f) Indoor Operations. All business-related activities shall be conducted wholly within a building. Operation of outdoor appurtenances, such as barbecues, fire-pits, braziers or lit coals, shall not be permitted.
(g) Admission Charges Prohibited. No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.
(h) Security. As deemed necessary by the Chief of Police or his or her designee, the smoking lounge shall provide uniformed security guard(s).
(i) Windows. 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 Santa Clara Police Department.
(j) Interior Lighting. 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.
(k) Automatic Amusement Games. No automatic amusement game, as defined in SCCC 5.80.010, shall be permitted anywhere within the business.
(l) Ventilation. Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Santa Clara Fire Department, or as otherwise required by State or Federal laws. The ventilation system shall also assure that smoke from the smoking lounge is incapable of migrating into any other portion of the building hosting the smoking lounge or into any other building in the vicinity of the smoking lounge.
(m) Parking. Parking shall be provided according to the standard of one parking space for every two hundred (200) square feet of smoking lounge floor area, or one space for each three seats, whichever is greater.
(n) Occupancy. The occupancy shall not exceed the lesser of (1) the occupancy limit for the premises established by the Santa Clara Fire Department or (2) an occupancy limit established as a condition of the permit approved pursuant to this chapter.
(o) Loitering. The smoking lounge owner or operator shall prohibit loitering by persons outside the smoking lounge either on the premises or within fifty (50) feet of the premises.
(p) Compliance with Laws. The business shall also be in conformity with all other City, State and Federal laws. (Ord. 1939 § 2, 3-24-15).
8.37.040 Permissible locations.
A smoking lounge is not permitted to be located any closer than the following distances from the listed uses:
(a) Residential zoning districts: five hundred (500) feet;
(b) Public or private pre-school, elementary school, middle school, junior high school or high school: five hundred (500) feet;
(c) Park or recreation facility operated by the City: five hundred (500) feet;
(d) Another smoking lounge: five hundred (500) feet. (Ord. 1939 § 2, 3-24-15).
8.37.050 Permitted hours of operation.
A smoking lounge shall be permitted to operate during the hours specified in the permit, but in no event shall the smoking lounge exceed the hours of 11:00 A.M. to 10:00 P.M. on Sunday through Thursday, and 11:00 A.M. to midnight on Friday and Saturday. (Ord. 1939 § 2, 3-24-15).
8.37.060 Compliance with State laws related to smoking.
A smoking lounge shall comply with all State laws pertaining to smoking in the workplace and places of public accommodation and pertaining to the sale or furnishing of tobacco products to minors, including but not limited to California Labor Code Section 6404.5 and California Penal Code Section 308. (Ord. 1939 § 2, 3-24-15).
8.37.070 Application for permit.
(a) An application for a permit shall be filed with the Planning Division in writing on a form prescribed by the Planning and Inspection Department, and shall be accompanied by plans and elevations necessary to show the detail of the proposed smoking lounge. Such application shall be accompanied by a nonrefundable application fee as set by resolution of the City Council. The form shall contain, at least, the following information:
(1) The legal name, residence address and telephone number of the owner(s) of the proposed establishment making application and the owner of the property;
(2) The legal name, residence address and telephone number of the person submitting the application as authorized agent of the owner(s), if applicable;
(3) The business name, address and telephone number under which the activity will be conducted;
(4) The exact nature and location of the activity for which the permit is requested and an estimate of the numbers of patrons of the establishment;
(5) A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons (such as assaults, vandalism, littering, theft, sale or use of controlled substances, and consumption of alcohol) within the building(s) and outside in the areas affected by the public attending the event;
(6) A plan for control of noise affecting nearby premises (noise control plan), with special attention to prevention of noise nuisance to nearby residences, if any;
(7) The hours of operation of the establishment; and
(8) Such other information pertaining to public health and safety as may be required by the City to ensure compliance with the provisions of this chapter and of the requirements of the Zoning Code and, in addition, any information that the applicant may wish to include.
(b) Submitting false or misleading information on the application shall constitute grounds for denial or immediate revocation of the permit. (Ord. 1939 § 2, 3-24-15).
8.37.080 Determination of application completeness.
(a) No application shall be deemed as received by the City until the applicant has paid the applicable application fees.
(b) Not more than thirty (30) calendar days after an application and fees have been received, the Planning Division shall make a determination regarding application completeness, and will notify the applicant, via mail or personal delivery, as to whether the application is not complete. If the application is not complete, the notice shall indicate the manner in which it can be made complete, including a list and description of information needed to complete the application.
(c) Not more than thirty (30) calendar days after the submittal of additional information in response to the notification pursuant to subsection (b) of this section, the Planning Division shall notify the applicant as to whether the application is still not complete. The Planning Division shall specify those parts of the application that are incomplete, and shall indicate the manner in which it can be made complete, including a list and description of information needed to complete the application.
(d) If either determination, pursuant to subsections (b) and (c) of this section, is not made within thirty (30) calendar days after the submittal or additional submittal, the application shall be deemed complete and the application shall be eligible for a decision on the merits.
(e) Nothing herein precludes an applicant from waiving the right to a determination of application completeness or from extending the period of time for a determination of completeness.
(f) A determination of application incompleteness may be appealed to the Planning Commission by the applicant. Such appeal shall be filed in writing with the Planning Division not more than ten calendar days following the date the Planning Division provides the applicant with a determination of application incompleteness.
(g) Upon receipt of an appeal of application incompleteness, the Planning Commission shall review the application at a public hearing and shall issue a final determination regarding the completeness or incompleteness of the application not later than sixty (60) calendar days after the filing of the written appeal, unless the applicant agrees to extend the time period. If such a determination is not made within sixty (60) calendar days, the application shall be deemed complete and shall be eligible for a decision on the merits.
(h) Nothing in this section shall preclude the City from denying the application on the grounds that the information provided is inadequate or fails to demonstrate that the application should be approved in accordance with this chapter. (Ord. 1939 § 2, 3-24-15).
8.37.090 Action on application.
(a) Upon a determination by the Planning Division that an application is complete, the Santa Clara Fire Prevention Division or designee shall conduct an appropriate investigation, including, but not limited to, consultation with the Police, Fire and Planning Departments and inspection of the premises as needed.
(b) The Fire Prevention Division shall make a determination as to whether issuance of the permit would allow the smoking lounge to be held or conducted:
(1) In violation of any provisions of this Code, or in violation of any other Federal, State or City law or laws; or
(2) In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Codes or the California Fire Code, as adopted by the City; or
(3) On premises which lack adequate on-site parking areas for employees and the public patronizing the smoking lounge, under the standards set forth in SCCC Title 18, Zoning, and any regulations adopted by the City, except for existing uses that are legal and nonconforming with respect to parking; or
(4) In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or the proposed noise control plan is determined to be inadequate to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises.
(c) For zoning districts in which a smoking lounge is a permitted use, the Fire Prevention Division shall issue or deny a smoking lounge permit.
(1) If the Fire Prevention Division makes a determination that issuance of the permit would not violate any of the standards listed in subsection (b) of this section, the Fire Prevention Division shall issue a smoking lounge permit. Otherwise, the Fire Prevention Division shall issue a denial.
(2) If the Fire Prevention Division denies the permit, written notice of such denial shall be given to the applicant specifying the grounds for such denial. The notice shall also advise the applicant of their right to appeal the denial of his or her application and shall state the last date on which an appeal may be filed, which shall be the fifteenth (15th) working day after the date on which the notice was deposited in the mail or was personally delivered to the applicant.
(d) For zoning districts in which a smoking lounge is a conditionally permitted use, the Planning Commission shall issue or deny a conditional use permit.
(1) Prior to the Planning Commission’s consideration of the application, the Fire Prevention Division shall make a determination as to whether issuance of the permit would violate any of the standards listed in subsection (b) of this section, and that determination and the application shall be forwarded to the Planning Commission.
(2) The Planning Commission shall conduct a public hearing pursuant to SCCC 18.110.030 to consider the application. At the conclusion of the public hearing, the Planning Commission shall either grant or deny a conditional use permit for the smoking lounge, pursuant to the procedures and based upon the findings set forth in Chapter 18.110 SCCC and considering the Fire Prevention Division’s determination.
(3) Planning Commission actions are appealable to the City Council pursuant to SCCC 18.110.070. (Ord. 1939 § 2, 3-24-15).
8.37.100 Building permits and business tax certificates.
No building permit or business tax certificate shall be issued in any case where a permit is required by the terms of this title until after the granting of such use permit by the applicable decisionmaking body and the period allowed for appeal has elapsed. In the event of an appeal, no such permit or license shall be granted until the matter has been finally acted upon and the permit for the smoking lounge has been finally approved. Building permits or business tax certificates issued pursuant to this entire section shall conform to the terms and conditions of the permit granted for the smoking lounge. (Ord. 1939 § 2, 3-24-15).