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16.339 TOBACCO PrODUCT SALES
4. Provision of sanitary and medical facilities; 5. Provision of solid waste collection and disposal; 6. Provision of security and safety measures; 7. Regulation of signs; 8. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested; 9. Submission of a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition; 10. Submission of a site plan indicating any information required by this Chapter; 11. A requirement that approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of other laws; and 12. Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. 13. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
16.338.04 EFFECTIVE DATE, APPEALS, EXPIRATION, EXTENSION AND REVOCATION
A. Effective Date. A Temporary Use Permit shall become effective on the date the permit is approved by the Director at the applicant’s discretion. B. Appeals. A Temporary Use Permit Director’s decision may be appealed in accordance with Chapter 16.602,
Common Procedures, Section 16.602.14, Appeals. C. Expiration and Extensions. Temporary Use
Permits may only be extended as provided for in
Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension. D. Revocation. Temporary Use Permits may be revoked as provided for in Chapter 16.615, Enforcement and Abatement.
16.339.01 PURPOSE AND APPLICABILITY
These regulations implement the policies of the General Plan to promote the public health, safety and general welfare; by reducing the harmful effects of tobacco use, including exposure to secondhand smoke and tobacco sales to children, by regulating tobacco sales. More specifically, to impose reasonable controls on the effects and availability of tobacco products, with the requirement for tobacco retailers or Smoke Shops, including those that are nonconforming due to a change in the Zoning Code, to meet the performance standards and requirements aligned with the following objectives:
A. To protect adjacent neighborhoods from the harmful effects attributable to the sale of tobacco related products; B. To provide opportunities for businesses which primarily sell tobacco related products to operate in a mutually beneficial relationship to each other, other commercial and civic services and sensitive land uses; C. To provide mechanisms to address problems often associated with the public consumption of tobacco related products such as litter, loitering, graffiti, unruly behavior and escalated noise levels; D. To ensure that businesses classified as tobacco retailers are not the source of undue public nuisances in the community; E. To ensure that sites where tobacco retailers are located are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way; F. To monitor deemed approved uses to ensure that they do not substantially change their mode or character of operation.
16.339.02 REQUIREMENTS
Tobacco retailers shall meet the following requirements in the districts where they are allowed:
A. No tobacco retailer shall be located within 1,000 feet of any parcel zoned for residential use. B. No tobacco retailer shall be located within 1,000 feet of any other tobacco retailer, as measured to and from property lines.
C. No tobacco retailer shall be located within 1,000 feet of any parcel of land that contains any of the following specific land uses:
1. Religious assembly; 2. Public recreation areas; 3. Childcare centers and schools.
D. No tobacco retailer shall operate between the hours of 10 p.m. and 9 a.m. E. Tobacco retailers shall be located only on the ground floor. F. No tobacco retailer shall violate any applicable provision of any other City, County, State, or Federal regulation, ordinance, or statute, especially but not limited to Chapters 7.69, Restrictions on Accessibility to Cigarettes and other Tobacco Products, of the
Vallejo Municipal Code, and Chapter 16.509, Signs. G. Tobacco retail clerks shall be the minimum legal age to purchase tobacco. H. Tobacco retailers shall be in compliance with all rules, regulations, laws, and administrative requirements of the State board of equalization and any other applicable State and/or federal agency.
16.339.03 DEEMED APPROVED REGULATIONS
A. Automatic deemed approved status. Tobacco retailers in existence prior to December 8, 2009 that are nonconforming due to the fact that the zoning district they are located in prohibits the use or required a Use Permit for tobacco retail sales shall automatically become deemed approved uses and shall not be considered nonconforming uses. 1. Each such deemed approved use shall retain this status as long as it complies with the deemed approved performance standards as specified in Chapter 16.502, Performance Standards. 2. None of the provisions of this Chapter restrict any authority to require modification or termination of any deemed approved use which does not conform to the provisions this Code, or which has been declared to be a nuisance by the City Council.
Whenever a deemed approved tobacco retailer use discontinues active operation for a continuous period of 12 months, such deemed approved use shall not be resumed. Related structures may be utilized thereafter only for a permitted use. Furthermore, if another use has been substituted before the lapsing of 12 months, the original deemed approved use may not be resumed thereafter.
16.339.05 PERFORMANCE STANDARDS AND REQUIREMENTS APPLICABLE TO DEEMED-APPROVED RETAILERS
A deemed-approve tobacco retailer shall retain its deemed approved status only if it conforms with all of the following standards and requirements:
A. It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area. B. It does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to any of the following: disturbance of the peace, illegal drug activity, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
Whether repeated nuisance activities are occurring shall be determined by the City Manager or his/her designee by examination of the calls for service and written complaints pertaining to the tobacco retailer business. C. It does not result in violations to any applicable provision of any other City, County, State, or federal regulation, ordinance, or statute, especially but not limited to
Chapter 7.69, Restrictions on Accessibility to Cigarettes and other Tobacco Products, of the Vallejo Municipal
Code, and Chapter 16.509, Signs, of the Zoning
Code, including covering a window with any sign, display, decoration, or any other object that prevents the observation of indoor activity on the premises from any public way or from any location outside the building.
