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2009/03/12 Planning Commission Resolution (5)
Item No.:5 Resolution No.:2009-09 PC RESOLUTION NO. 2009-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO MUNICIPAL CODE CHAPTER 8.32 (USE OFTOI3ACCOINPUBLIC'PLACES); SECTIONS 17.06.060 (PERMITTED USES) AND ADDITION OF A NEW CHAPTER 8.33 (PROH11317ION OFHEAD SHOPS, HOOKAH BARS, TOBACCO VENDING MACHINES AND SELF SV?VICE DISPLAVv); FILE NO. PL2008-026MC WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys;) and WHEREAS, more than 440,000 people die in the United States from tobacco -related diseases every year, making it the nation's leading cause of preventable death" and WHEREAS, the World Health Organization (WHO) estimates that. by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide,' and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand snnokc;' and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogens and WHEREAS, the California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant;' and WHEREAS, the California Office of Environmental Health Hazard Assessment has included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm.' and I U.S. Dep't of I-Ieallh turd Iluman Services., Centers Cor Discase Control and Prevention, 'Targeting Tobacco Use: The Nation's Leading Cause gfDeatu 2002. 'U.S. Dep't of Ileallh and I -lumen Services., Centers for Disease Control and Prevention, Highlights Annual Swohtng—Attributable Mortality, Yeas ofPotertial Life Lost, and Economic Costs— United States 1995-1999 (2002) MOR13IDrl'v AT D MORTALITY v✓EIZKLY REPORT. I u.S. Dep't of Ileallh and 13unnan Services, Centers for Diswse Control and Prevention, Reducing Tobacco Use: A Report of the Surgeon General, 437 (2001). U.S. Dcp't of Ileallh and Hmnan Services., Centers for Disease Control and Prevention, The Health Consequences ofhmolunwi, 1 xposure. to Tobacco Snholce: A Report of the Surgeon General 1.1 (2006). 5 U.S. Dept of Health and Iluman Services., Centeis for Disease Control and Prevention, Clean IndoorAir Regulations Feet Sheet (2001). a Cal. Air Resources Iid_, Resolution 06-01, at 5 (,Ian. 26, 2006). 'Cal. I3uvu. Prot. Agency, Office of Envd. Ileallh Hazard Assessment, Chemicals knohmn to the State to Cause Cancer or Reproductive 1`osidul 17, (Aug. 11, 2006). Planning Commission Staff Report March 12, 2009 Page 1 of 11 Item No,:5 Resolution No.:2009-09 WHEREAS, exposure to secondhand smoke is the sixth leading cause of preventable death in this country, killing over 53,000 non-smokers each year," and smoking is the number one cause of lung cancer deaths; 9 and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke;") and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis," exacerbates childhood asthma, and increases the risk of acute chronic middle car infection in children;" and WHEREAS, the total cost of smoking in California was estimated to be $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone;' and WHEREAS, the medical and economic costs to nonsmokers suffering from lung cancer or heart disease caused by secondhand smoke are nearly $6 billion per year in the United States;° WHEREAS, almost 90% of adult smokers started smoking at or before age I8;15 and WHEREAS, with certain exceptions, state law probibits smoking inside an enclosed place of employment; 16 and WHEREAS, in 2004 13.2% of California high school students smoke"; however, in 2006 the rate increased to 15.4% : and WHEREAS, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school -sponsored activities, or while under the supervision or control of school district employees;" and WHEREAS, state law prohibits smoking in playgrounds and tot lots and also prohibits smoking within twenty feet of the main entrances and exits of public buildings while expressly authorizing local s S.A. Glantz & W. Patmlcy, Passive Smoking and 1lear7Disease: Is'pidemiologv, Physiology, and Biochenri.st y, 83(1) Circulation 1 (1991) and Cal+Jornia Environmental Protection Agency, Q(/ice ofTavll. Henith Hawrd Nlnnagement, health JiJfects of Exposure ioEnviro amental Tobacco Smoke: Final Report (1997). U.S. Dep't of I-lealth and Human Servs., Centers for Disease Control and Prevention, Tatgeting Tobacco Use: The Nation's Leading Cause ofDeath 2002, 2 (2002). 10 Cal. l:nvl[. Prot Agency, Office off �Iivtl I-Ieallh 1 -Lazard Assessment, I-Ien6h L+ffects ofl.zposure to Environmental "Tobacco Smoke, Final Report HS -5 (1997). U.S. Dep't of'] Ieallh and Human Services., Centers for Disease Conu'ol and Prevention, 'Targeting Tobacco Use: The Nation's l e(j&agCause ofDeath 2002, 2 (2002) " U.S. Dept of Ileallh and Human Services. Centers for Disease Control and Prevention, Clean IndoorzllrRegulations Fact Sheet (2001). 13 Max W, Rice DP, hang X, Sang H -Y, Miller L., The Cost ofSmolung in California, 1999; California Department of 11calth Services (2002). • American Academy of Actuaries, Costs Associated rvidr Secondhand Smoke, October, 2006. • National I-louselrold Surveys on Drug Abuse, unpublished data, 1998. See also, U.S. Dep't of'lleallb & Hmnan Services. el A; Preventing Tobacco Use Antnng Young People: A Repa9 of the Surgeon General, 101 (1994). "Cal. Lab. Code § 6404.5. tobacco Control Section, Cal. Dept off lealth Services., Yorah Smoking (Ally 2008). �a Col. F(bic. Code § 48901(a). Planning Commission Staff Report March 12, 2009 Page 2 of 11 Item No.:5 Resolution No.:2009-09 communities to enact additional restrictions." NOW THEREFORE, the recommended amendments to the Municipal Code would: protect the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use around non - tobacco users: protect children from exposure to smoking and tobacco while they play, reduce the potential for children to associate smoking and tobacco with a healthy lifestyle; protect the public from smoke, and affirm and promote the family atmosphere of the City of Rohnert Park's public places. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES FIND AND RECOMMEND TO THE CITY COUNCIL: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in approving this resolution does conclude: A. That the City of Rohnert Park Municipal Code is currently inconsistent with existing state laws which prohibit smoking in certain places of employment, automobiles when occupied by minors, and within specified distances of public buildings and/or public play grounds or tot lots. The proposed additions and amendments to the City's Municipal Code will result in consistency between state and local law particularly with respect to prohibitions against smoking within 20 feet of a public building, within 25 feet of a play ground or tot lot and in vehicles that are occupied by minors. B. Sonoma State University places Rohnert Park into the category of college town. Due to the high population of college -aged students, proprietors of hookah bars frequently establish themselves in college towns so as to provide places where students may engage in recreational smoking. Almost 90% of adults began smoking at or before age 18 (college age) and therefore it would be beneficial to prohibit hookah bars in Rohnert Park. C. The National Institute on Drug Abuse has concluded that there is a strong correlation between drug use and violence and that head shops promote the use of illegal or illicit drugs. D. Strong legislative action is needed to curtail the wide availability of all types of paraphernalia, tobacco and tobacco products. Section 3. Environmental Clearance. The Planning Commission finds that the proposed amendments to the Municipal Code are not subject to the California Environmental Quality Act ("CEQA") because: I) there is no possibility that the activity in question may have a significant effect on the environment and 2) the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Cal. Code Regs., tit. 14 §§ 15061 (b)(3), 15061 (c)(2).). THEREFORE, BE IT RESOLVED, that the Planning Commission supports the amendments as proposed and recommends to the City Council that the Municipal Code Chapter 8.32 (Use of I obacco in Public Places) be amended to read as follows: " Cal. Neallh & Safety Code § 104495 and Cad. Gov't Code § 7597. Planning Commission Staff Report March 12. 2009 Page 3 of I 1 Chapter 8.32 use of 'Tobacco 8.32.010 Purpose. Item No.: 5 Resolution No.:2009-09 A. The purpose of this Chapter is to provide for the health, safety, and welfare of individuals residing, working or visiting in the City of Rohnert Park by regulating the location and use of tobacco and tobacco products and their effects on individuals. 8.32.020 Findings. A. Numerous studies have determined that tobacco smoke is a major contributor to indoor air pollution. B. The Surgeon General of the United States has documented that breathing secondhand smoke is a significant health hazard, particularly to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function. C. Breathing secondhand smoke has been determined to be a health hazard by increasing the incidence of lung cancer, bronchitis, and respiratory infection while decreasing exercise tolerance and respiratory function. D. Non-smokers who suffer from allergies, respiratory diseases, or the negative effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions. E. Persons, particularly employees, have a right to a smoke free environment if they desire. F. Second hand smoke exposure causes as many as 300,000 children in the United State to suffer from lower respiratory tract infections, exacerbates childhood asthma, and increases the risk of acute chronic, middle ear infections. 8.32.030 Definitions. A. `Business" means the sole proprietorship, partnership, joint venture, corporation, association, nonprofit or other entity formed for profit-making purposes or that has an employee as defined in this section. B. "Employee" means any person who is employed; retained as an independent contractor by an employer, as defined in this section; or any person who volunteers his or her services for arty employer, association, business, nonprofit or volunteer entity. C. `Employer" means any person, partnership, corporation, association, nonprofit, or other entity who employs or retains the services of one or more persons or supervises volunteers. D. `Enclosed" means closed in by a roof and four walls (with the appropriate openings for egress and ingress). This would include but not be limited to lobbies, lounges, waiting areas, elevators, hallways, restrooms, stairwells, common areas (e.g., laundry and recreation rooms within a multi unit residential development), that are a structural part of the building. E. "Food" means any raw or processed substance, beverage (including frozen or liquid water) or ingredient intended to be used as food, drink, confection, or condiment for human consumption. F. "Food Service" means any activity involving the setup, service, or cleanup of any food. G. "Head Shop" means a retail outlet that receives 90% or more of its gross revenues from the sale of paraphernalia related to the consumption of cannabis, other recreational drugs and/or new age herbs. Products typically include but are not limited to, water pipes, bongs, roach clips, pipes, rolling papers, rolling machines, and whipped cream chargers containing nitrous oxide. Planning Commission Staff Report March 12, 2009 Page 4 of 11 Item No.:5 Resolution No.:2009-09 H. "Hookah Bar" means a business location that provides for the ingestion, inhalation or consumption of tobacco or tobacco products by way of an apparatus which includes, but is not limited to the following parts: a water vessel, a bowl for holding combustible tobacco or tobacco products and an inhalation hose or tube. 1. "Multi Unit Residential Development" means a multi unit residential development that is represented by one common property management group or Home Owners Association and provides for -sale, for -lease or for -rent units with complete and independent living facilities for one or more persons. J. "Place of Employment" means any area under the control of an employer where an employee can be found to frequent during the course of a work day. For example, cafeterias, conference rooms, lobbies, lounges (break rooms), elevators, hallways, restrooms, stairwells, vehicles and work areas. K. "Private Smokers' Lounge" means an area that is attached to and incidental to a tobacco store that may be occupied by persons eighteen (18) years of age or older who intend to ingest or inhale any smoking tobacco or tobacco product by means of a pipe, cigar, cigarette or any other method. Private smokers' lounges do not include hookah bars which are prohibited in the City of Rolhnert Park pursuant to Municipal Code, Chapter 8.33 (Prohibition gfHeod Shops, Hookah Bars, Tobacco Vending Machines and Self -Service Displays). L. "Smoking" means possessing a lighted pipe, cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind, including but not limited to tobacco or tobacco products. M. "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders, cigarette rol ling machines or other instruments or things designed for the smoking or ingestion of tobacco Or tobacco products. N. "Tobacco Product" means any product containing tobacco leaf, including but not limited to, bidis, , chewing tobacco, cigarettes, cigars, dipping tobacco, pipe tobacco, snuff, or any other preparation of tobacco. O. "Tobacco Store" means a retail or wholesale business, with or without an attached private smokers' lounge, that meets all of the following requirements: 1. Primarily sells tobacco, tobacco products and tobacco paraphernalia. Does not include merchandise that is generally associated with a head shop which is prohibited in the City of Rohnert Park 2. Generates more than sixty percent (60%) of its gross revenues annually from the sale of tobacco, tobacco products and tobacco paraphernalia; 3. Prohibits any person who is under the age of eighteen (18) years of age from being present or entering the premises unless accompanied by the minor's parent or legal guardian; and 4. Does not sell food (including alcoholic beverages) for consumption on the premises. 8.32.040 Prohibition on Smoking in Enclosed Areas. A. Smoking shall be prohibited in the following enclosed areas unless specifically exempted pursuant to section 8.32.060 of this Chapter (IxcepCions). I. Any business or place of employment. 2. Multi unit residential developments as follows: a. Enclosed common areas, including but not limited to a laundry room, lobby or community center; b. At least 75% of any newly constructed units shall be designated and maintained as smoke free. Smoke free units shall be grouped together to the maximum extent practical; e. At least 50% of any existing units shall be designated and maintained as smoke free. Smoke free units shall be grouped together to the maximum extent practical; i. Any existing multi unit residential development has two (2) years from the effective Planning Commission Staff Report March 12, 2009 Page 5 of 11 Item No.:5 Resolution No.:2009-09 date of this Chapter to comply with the provisions heroin; ii. Any unit which has been designated smoke free shall not be subject to the restrictions of this Chapter as long as the unit is occupied continually by the same resident who at the time of the effective date of this ordinance occupied the unit and until such time the resident voluntarily vacates the unit; and d. Every Landlord/property manager shall maintain a list of designated non-smoking units and a site Plan identifying the relative position of smoking and non-smoking units. The site plan shall also identify the location of any designated smoking areas. A copy of this list and site plan shall accompany every new lease or agreement for occupancy of a unit within a multi unit residential development. If a copy of the list and site plan do not accompany the lease or agreement then the unit shall be a non-smoking unit. 3. Any elevator, public restroom, service line (i.e. ATM), bus, limousine, taxi cab, train, or state owned or funded public transportation vehicle. 4. Any vehicle that is occupied by a minor (person ander the age of 18 years of age). 5. On the premises of a licensed day care center and in a licensed family day care home. 6. On the premises of a licensed, long-term, health care facility. 8.32.050 Prohibition on Smoking in Unenclosed Areas. A. Smoking shall be prohibited in the following unenclosed areas unless regulated by more restrictive state or federal law, in which case the state or Federal law applies, or specifically exempted raider section 8.32.060 of this Chapter (Exceptions). 1. The strip of land which is located approximately one hundred (100) feet south of the boundary of University Park Subdivision, immediately adjacent to the north boundary of Rancho Cotati High School, and within the strip from between the eastern most curb of Snyder Lane to the western most property line of Sonoma State University and better know by the Sonoma County Assessor's Office as: APN's 158-230-065; -066, -069 and 158-220-074 and -075. 2. Multi unit residential development common areas, including but not limited to: pools, walkways, gardens, play areas. 3. Any service line (i.e., ATM), bus stop, taxi stand or phone booth. 4. Within twenty (20) feet of the exit, entrance, or operable window of any public building or structure. 5. Within twenty (20) feet of the exit, entrance, or operable window of any private building or structure that is posted as nonsmoking. 6. Within twenty-five (25) feet of a public playground or tot lot (sandbox) areas. 7. Any business or place of employment in which food is being consumed or where setup, service, and cleanup functions are occurring, including but not limited to: farmers markets, concerts, fairs and other such events. 8. On the premises of a licensed day care center or licensed family day care home. Planning Commission Staff Report March 12, 2009 Page 6 of 11 Item No.:5 Resolution No.:2009-09 8.32.060 Exceptions. A. The following are exceptions to the smoking prohibitions in enclosed and unenclosed areas. 1. A private smokers' lounge attached to a tobacco store, subject to the following: i. The tobacco store must have a conditional use permit and be located on a site that is zoned for "C-R" - Regional Commercial land uses; ii. The Tobacco Store shall have a minimum separation of five hundred (500) feet between the use and a school, religious assembly, public facility, multi unit residential development or another Tobacco Store; and iii. The Tobacco Store shall not include a head shop or hookah bar. The City of Rolmert Park prohibits ]read shops and hookah bars pursuant to Municipal Code, Chapter 8.33 (Prohibition ofHead Shops, Hookah Bars, tobacco Vending Machines and Self -Service Displays). 2. Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. 3. A private residence, unless expressly prohibited by sections 8.32,040 (Prohibition on Smoking in A'nclo.sed Areas) and 8.32.050 (Prohibition on Smoking in Unenclosed Areas) e.g., licensed day care facility, licensed health care facility or multi unit residential development. 4. Public sidewalks unless otherwise prohibited. 8.32.070 Duty of Employers and Businesses A. No employer or business entity shall knowingly or intentionally permit or engage in the smoking of tobacco or tobacco products in an area that is under the employer's or business entity's control and in which smoking is prohibited. B. No employer or business entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as without limitation, ash trays or cans within an area which is under the control of the employer or business entity and in which smoking is prohibited. C. Any employer or business entity that permits a nonemployee access to its place of employment or business on a regular basis has not acted knowingly or intentionally if it has taken the following reasonable steps to prevent smoking by a nonemployee: L Posted clear and prominent signs, as follows: a. Where smoking is prohibited throughout the building or structure, a sign stating "No Smoking" shall be posted. The "No Smoking" sign shall be of letters that are a minimum of one inch in height or the international "no smoking" symbol. The sign shall be clearly and conspicuously posted on the exterior of every building or other place where smoking is controlled by this Chapter, by the owner, operator, manager, or other person having control of such building or other place. The sign shall include the reasonable distance smoking limitations contained in this Chapter, and b. Where smoking is permitted in designated areas of the building or structure, a sign stating "Smoking Is Prohibited Except in Designated Areas" shall be posted at each entrance to the building or structure. 2. Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking. D. Any business, person, or other establishment which sells tobacco products for consumption shall post plainly visible signs at each point of purchase of tobacco products in compliance with the requirements of state law. E. It is unlawful for any business, person, or other establishment to sell, offer to sell, or permit to be sold any tobacco product to a minor individual eighteen (18) years of age or younger. Identification shall be requested unless there is reasonable basis to determine that the buyer is not a minor. Planning Commission Staff Report March 12. 2009 Page 7 of 11 Item No.:S Resolution No.:2009-09 F. It is unlawful for any business, Person, or other establishment to place any tobacco products or advertisements within two (2) feet of candy, snack or nonalcoholic beverage. All advertisements for tobacco products shall be a minimum of four (4) feet above the floor. G. Notwithstanding any other provision of this Chapter, any employer, business entity or person who controls any area may declare that any part of such area in which smoking would otherwise be permitted to be a nonsmoking area. 8.32.080 Nonretaliation. A. No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this Chapter. 8.32.090 Violations and Penalties. A. Any violation of any prohibition of this Chapter is an infraction, punishable by a fine not to exceed that which is set by Municipal Code Chapter 1.16 (General Provisions). B. Smoking in any area where smoking is prohibited by this Chapter constitutes a public nuisance and may be abated as such including the application of any of the enforcement remedies provided in the City of Rohnert Park's Municipal Code or under any applicable state or federal statute or pursuant to any other lawful power the City may possess. C. Any private person who claims violation of this Chapter may bring a civil action for damages or for injunctive relief in accordance with applicable laws governing such civil actions. 8.32.100 Interpretation. A. This Chapter shall not be interpreted or construed to permit smoking where is it otherwise restricted by state or federal law. 8.32.110 Effective Date. A. The provisions of this Chapter shall be effective thirty days (30) from and after the date of its adoption and publication or posting as required by law. 8.32.120 Statutory Severability. A. If any section, subsection, sentence or clause or phrase of this Chapter is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. THEREFORE, BE IT ALSO I2ESOLVED, that the Planning Commission supports the amendments as proposed and recommends to the City Council that the Municipal Code Title 17 (Zoning) section 17.06.060 (Permitted Uses -Commercial Zoning Districts) be amended to add the following permitted land use to the "C-R" zoning district: Planning Commission Staff Report March 12. 2009 Page 8 of 11 Item No.:5 Resolution No. i2009-09 r7 mf, nrn u,.,,,ii»a It,, Land Use Category C -O C -N 7JR Tobacco store (retail or wholesale) and private smoker's lounges when anaclied to a tobacco store (Regulated by Municipal Code Chapters: 8.32. 8.33). THEREFORE, BE IT FINALLY RESOLVED, that the Planning Commission supports the amendments as proposed and recommends to the City Council that the Municipal Code Chapter 8.33 (Prohibition of Head Shops, Hookah Bans, 'Tobacco tending Machines and Self Service Displays) be added as follows: Chapter 8.33 Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines and Self Service Displays 8.33.010 Purpose. A. The purpose of this Chapter is to detail the prohibition of head shops, hookah bars, tobacco vending machines and tobacco self-service displays within the City, of Rohnert Park. 8.33.020 Findings. A. The Surgeon General of the United States and local public health agencies and private health organizations have found that cigarettes and other tobacco products are easily available to minors from vending machines, tobacco retailers, and shoplifting. B. The U.S. Centers for Disease Control have found that at least 434,000 Americans die each year from tobacco -caused diseases. The Surgeon General of the United States and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco caused diseases became addicted to nicotine in tobacco products as minors. C. The National Institute on Drug Abuse has concluded that there is a strong correlation between drug use and violence and that head shops promote the use of illegal or illicit drugs. D. Strong legislative action is needed to curtail the wide availability of all types of paraphernalia, tobacco and tobacco products. 8.33.030 Definitions. A. "Head Shop" means a retail outlet that receives 90% of more of its gross revenues from the sale of paraphernalia related to the consumption of cannabis, other recreational drugs and/or new age herbs. Products typically include but are not limited to, water pipes, bongs, roach clips, pipes, rolling papers, rolling machines, and whipped cream chargers containing nitrous oxide. B. "Hookah Bar" means a business location that provides for the ingestion, inhalation or consumption of tobacco or tobacco products by way of an apparatus which includes, but is not limited to the following parts: a water vessel, a bowl for holding combustible tobacco or tobacco products and an inhalation hose or tube. Hookah bar does not include a private smokers' lounge attached to a tobacco shop. C. "Self -Service Display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. Planning Commission Staff Report March 12. 2009 Page 9 of 11 Item No.:5 Resolution No.:2009-09 D. "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wrap, pipes, holders of smoking materials of all types, cigarette rolling machines or other instruments or things designed for the smoking or ingestion of tobacco products. E. "Tobacco Product" means any product containing tobacco leaf, including but not limited to, bidis, chewing tobacco, cigarettes, cigars, dipping tobacco, pipe tobacco, snuff. or any other preparation of tobacco. F. "Vending Machine" means a machine, appliance, or other mechanical device operated by currency, token, debt card, credit card, or any other form of payment that is designed or used for vending purposes. 8.33.030 Distribution and Uses. A. It is unlawful for any person, business or other entity to operate a head shop or hookah bar. B. It is unlawful for any person, business or other entity to sell, offer to sell, or permit to be sold any cigarette or other tobacco product or paraphernalia from a vending machine. C. It is unlawful for any person, business, or other entity to display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display. 8.33.040 Violations and Penalties. A. Every act prohibited or declared unlawful by the provisions of this Chapter shall constitute an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense as set forth in Chapter 1.25. The fourth and any additional violations within any twelve consecutive month period may be charged as a misdemeanor pursuant to Chapter 1.16 of the Rohnert Park Municipal Code, B. Any violation of any provision of this Chapter shall be punished by administrative penalties as prescribed in Chapter 1.25 of the Rohnert Park Municipal Code. C. In addition to any other remedy provided by the Rohnert Park Municipal Code or by state law or any other law, the City may commence action or proceedings for the abatement, removal and enjoinment of any violation of this Chapter in the manner provided by law. D. In addition to the penalties and remedies set forth above, anyone violating a provision(s) of this Chapter shall be subject to having any other related permits or licenses revoked by the City of Rohnert Park for said violation. 8.33.050 Nonretaliation. A. No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this Chapter. 8.33.060 Interpretation. A. This Chapter shall not be interpreted or construed to permit smoking where is it otherwise restricted by state or federal law. Planning Commission Staff Report March 12, 2009 Page 10 of 11 Item No.:5 Resolution No.:2009-09 8.33.070 Effective Date. A. The provisions of this Chapter shall be effective thirty days (30) from and after the date of its adoption and publication or posting as required by law. 8.33.080 Statutory Severability. A. If any section, subsection, sentence or clause or phrase of this Chapter is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. DULY AND REGULARLY ADOPTED on this 12'' day of March, 2009, by the City of Rohnert Park Planning Commission by the f©lkwingRtel _ l i =nBor h aper Attes9Sus�anAz�evedo,Qkecording Secretary AYES: l NOES: ABSENT: Park Planning Commission ABSTAIN: AHANOTUA � ARMSTRONG 'f BORBA-'NILSON ' NORDIN � Planning Commission Staff Report March 12, 2009 Page I I of I I