2010-85 Prohibiting Hookah Lounges ORDINANCE NO. 2010-85
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MENIFEE ADDING CHAPTER 9.8 TO THE MENIFEE MUNICIPAL
CODE PROHIBITING THE LOCATION AND OPERATION OF HOOKAH LOUNGES
WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS.
The City Council finds as follows:
A. Hookah "lounges" have been established throughout California, which
lounges are for smoking a tobacco product 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 &
Professions 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. At the direction of the City Council, staff has reviewed and studied the
impacts of the operation of hookah lounges within the City while a 2-year
temporary moratorium has been in place, which moratorium expires in
February 2, 2011;
F. The Planning Commission has recommended such a prohibition after a
noticed public hearing on the subject;
G. After an additional noticed public hearing at which all those wishing to
speak were heard, the City Council has determined that this ordinance
prohibiting hookah lounges and similar facilities should be adopted.
SECTION 2. PROHIBITION ON HOOKAH LOUNGES AND SIMILAR FACILTIIES
Chapter 9.8 is added to the Menifee Municipal Code to read as follows:
4834-6568-9863.1 1
CHAPTER 9.8
Prohibition on Hookah Lounges within the City
Section
9.8.010 Definitions
9.8.020 Prohibition
9.8.010 Definitions: As used in this Chapter, the following words shall
have the meanings set out here:
(a) "City means the City of Menifee, as annexations may occur from time
to time.
(b) "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.
(c) "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.
9.8.020 Prohibition. Hookah lounges are prohibited within the City.
SECTION 3. EFFECTIVE DATE OF ORDINANCE. This ordinance shall be effective
30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED THIS 4T" DAY OF JANUARY, 2011
Sir'
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
kr
Karen Feld, City Attrney
4834-6568-9863.1 2
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I�IENIFEE'
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Wallace W.Edgerton
Mayor
Fred Twyman
Vice Mayor
John V.Denver
Councilmember STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Councilmeember
Darcy Krnbe CITY OF MENIFEE )
Thomas Fuhrman I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing
Councilmember Ordinance No. 2010-85 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Menifee on the 21st day of December, 2010,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Menifee at a meeting thereof held on the 4th day of January, 2011 by the following
vote:
Ayes: Denver, Edgerton, Fuhrman, Kuenzi, Twyman
Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us