No person or business shall cause or permit the creation, substantial
enlargement or transfer of ownership or control of any Hookah bar,
lounge, shop or establishment without first obtaining and maintaining
a conditional use permit as provided in this chapter.
An application for a conditional use permit shall only be approved
upon a determination that all of the following standards have been
met:
A. The hookah bar, lounge, shop, or establishment may be located within
the B-3 zone. No such establishment shall be permitted to be located
on any parcel outside of this zoning classification.
B. Hookah bar, lounge, shop, or establishment will meet the following
minimum proximity requirements:
(1)
No such use or establishment shall be located within 2,000 feet
of any other hookah bar, lounge, shop, or establishment.
(2)
No such use or establishment shall be located within 500 feet
of any parcel of land zoned for residential use.
(3)
No such use or establishment shall be located within 1,000 feet
of any parcel of land that contains any one or more of the following
specific land uses:
(d)
Public playground/park/recreation area;
(e)
School, vocational or professional institution; or
(f)
Institution of higher education, including community or junior
college, college or university.
(4)
No such use or establishment located in a building sharing one
or more common walls with another retail or commercial establishment,
or sharing common attic space with any other use, shall permit smoking
anywhere on the premises.
(5)
No such use or establishment shall permit the smoking of any
cigarettes, electronic/vapor substance inhalation products, commonly
known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarellos,"
"e-pipes," "e-hookahs," "electronic nicotine delivery systems" and
other similar devices.
C. The regular development standards in the B-3 zone shall also apply
to all hookah bars, lounges, shops, and establishments.
D. The hookah bar, lounge, shop, or establishment shall be in compliance
with the requirements of all health and safety codes, including, but
not limited to, the building code, fire code, electrical code, mechanical
code and plumbing code.
E. The hookah bar, lounge, shop, or establishment meets the following
minimum specific standards:
(1)
No person or business shall engage in the sale of tobacco or
electronic vapor device products without first posting a plainly visible
sign, with letters one inch in height, at the point entry that has
wording similar to:
"THE SALE OF TOBACCO PRODUCTS, HOOKAHS, AND HOOKAH PRODUCTS
TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT
TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING
TO BE 26 YEARS OF AGE AND YOUNGER."
Distance, without regard to intervening structures, shall be
a straight line measured from the closest exterior structural wall
of a hookah bar, lounge, shop, or establishment to the closest property
line of a religious facility, courthouse, day nursery, public playground/park/recreation
area, school, residential zone, vocational or professional institution,
institution of higher education, including community or junior college,
college, university, other hookah bar, lounge, shop, or establishment.
The provisions of this article may be enforced by the Borough
Health Officer, members of the Police Department, the Borough Building
Department, the Borough Code Official and any other person so designated
by the Borough of Edgewater.
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This article shall take effect upon passage and publication
as provided by law.