2009-23 Ext Hookah 2 ORDINANCE NO. 2009-23
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MENIFEE EXTENDING THE TEMPORARY MORATORIUM ON
HOOKAH LOUNGES WITHIN THE CITY FOR AN ADDITIONAL YEAR
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds as follows:
A. Recently, there have been hookah 'lounges" established throughout
California, which lounges are for smoking a tobacco with a water pipe;
and
B. There are documented health risks associated with such smoke, which is
far more concentrated than cigarette smoke, as well as crime and other
issues including violation of Labor Code Section 6404.4, prohibiting the
unlawful smoking of tobacco in hookah pipes in an enclosed place of
employment (a violation of the California Smoke-free Workplace Act);
Penal Code Section 308 (a) prohibiting unlawful smoking of tobacco in
hookah pipes by those under 18 years of age; and Business &
Professional Code Section 22962, prohibiting the sale of alcohol or food
for consumption on-site at a tobacco store;
C. Hookah use is not presently included within the County ordinances
adopted by the City upon incorporation, but it is not specifically prohibited
and tobacco stores are permitted in commercial areas;
D. Other California cities closely regulate hookah use and hookah lounges
within their communities with strict conditional use permit requirements;
E. Staff has recommended and the City Council has determined that there is
an immediate need to study this possible use and its location within the
community in order to protect public health, safety and welfare by
determining regulations needed if such use is to be permitted; and
F. State law (Government Code Section 65858) allows the City to adopt an
interim urgency ordinance which places a moratorium on a use which will
be studied by the City in order to prevent the possible approval of such a
use while a comprehensive ordinance is developed;
G. Govt. Code Section 65858 provides that this ordinance initially may be
adopted for 45 days without notice or hearing, which may be renewed
after notice and hearing for 10 months and 15 days and thereafter for an
additional one year, for a total of no more than two years and an interim
ordinance was adopted on February 3, 2009;
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H. The City Council has heard from staff that they are working to gather
information regarding this use and its regulation and to prepare a
permanent ordinance; and
I. After an additional noticed public hearing at which all those wishing to
speak were heard, the City Council has determined that the ordinance
should be extended for the remaining additional one-year period.
SECTION 2. EXTENSION OF PROHIBITION OF HOOKAH LOUNGES AND SIMILAR
FACILTIIES
(a) Findings: The findings set out above are true and correct.
(b) Definitions: As used herein, "hookah" means a glass or metal water pipe
usually decorated and shaped somewhat like a bottle or small tank, with a
long, flexible cord pipe, also known as shisha, nargile, hubble bubble, nag
and Turkish water pipe. "Hookah lounge" means an area of a commercial
establishment, whether enclosed, indoor or outdoor, designated specifically
for the use of hookahs, but does not include private use of hookahs in
personal residences if otherwise in compliance with applicable law.
(c) Hookah lounges are prohibited within the City of Menifee during such time
as this ordinance or any extension thereof remains in effect.
SECTION 3. EFFECTIVE DATE OF ORDINANCE
This ordinance is necessary for the continuing protection of public health, safety and
welfare and shall take effect upon the termination of the 10 month and 15 days
extension and shall be of no further force and effect one year from that date as provided
by Govt. Code Section 65858.
PASSED, APPROVED AND ADOPTED BY the following 4/5T" vote
etthis
22Id day
of February, 2010 by the following voter
AYES: ��YI-U-ZII� �i
NOES:VnOJ Q)
ABSTAIN:4OU9
ABSENT-.vU/LR_ �e
Wallace W. Edgerton, Mayor
ATTEST:: ^_
'Kathy'Bennett, City Clerk
APPROVED AS TO FORM:
Elizabdth Martyn, City Attorney
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