For purposes of this chapter, certain words and phrases shall
be defined as set forth in this section.
means any arcade game, pinball machine, electronic table
top game, billiard or pool table, juke box, air hockey, and any other
such device or machine that is offered for the purpose of holding
the attention of, gaining the attention or interest of, or amusing
guests or patrons.
means a business establishment that is dedicated, in whole
or part, to the smoking of tobacco or other legal substances, including,
but not limited to, establishments known variously as cigar lounges,
hookah cafés, hookah parlors, tobacco clubs, or tobacco bars.
(2680 § 2, 2006; 2808 § 1, 2012)
It is unlawful and a public nuisance for any person to engage
in, conduct, or carry on, in or upon any premises within the City
the business of a smoking lounge, except in compliance with all of
the following requirements:
A.
The
business shall be owner-operated or otherwise exempt from the prohibition
of smoking in the workplace set forth in California Labor Code Section
6404.5.
B.
No alcoholic
beverages shall be sold or consumed at the business except as permitted
pursuant to a conditional use permit issued under Title 9 of this
Code.
C.
No person
under 18 years of age shall be permitted within the business.
D.
No live
entertainment including, but not limited to, karaoke, singers, DJs,
dancers, or comedians shall be permitted within the business except
as permitted pursuant to a conditional use permit issued under Title
9 of this Code.
E.
All
business-related activities shall be conducted wholly indoors within
the premises of the business except as permitted pursuant to a conditional
use permit issued under Title 9 of this Code.
F.
No admittance
fee, cover charge, or requirement of any charge or minimum payment
as a condition of entry shall be permitted.
G.
Uniformed
security guard(s) shall be provided as deemed necessary by the Police
Chief or his or her designee.
H.
Window
coverings shall not prevent visibility of the interior of the business
from its outside during operating hours. Any proposed window tint
shall be approved in advance by the Police Chief or his or her designee.
I.
The
interior of the business shall be maintained with adequate illumination
to make the conduct of patrons within the premises readily discernable
to persons of normal visual acuity.
J.
Notwithstanding Section 9.16.020.050 of this Code, amusement devices shall not be permitted anywhere within the premises of the business, except as permitted pursuant to a conditional use permit issued under Title 9 of this Code.
K.
Adequate
ventilation shall be provided for the heating of coals and smoking
areas in accordance with all requirements imposed by the Garden Grove
Fire Department, or as otherwise required by state or federal laws.
L.
The
occupancy load shall not exceed the lesser of:
1.
The
occupancy load limit for the premises established by the applicable
provisions of the California Building Standards Codes;
2.
An
occupancy load limit established as a condition of the land use approvals
under Title 9 of this Code.
M.
The
business shall not operate between the hours of 2:00 a.m. and 6:00
a.m.
N.
The
business shall also be in conformity with all other City, state and
federal laws.
(2680 § 2, 2006; 2808 § 1, 2012)
Any smoking lounge lawfully existing on the effective date of
this chapter that becomes a nonconforming use by reason of the adoption
of this chapter shall cease operation, or otherwise be brought into
full compliance with the provisions of this chapter, not later than
one year following the effective date of the ordinance adopting this
chapter.
(2680 § 2, 2006; 2808 § 1, 2012)
