The city council finds that smoking and vaping uses have been associated with increases in noise, loitering, odors, public nuisances, and disturbances of the peace. The city council also finds that smoking and vaping uses expose minors to secondhand byproducts and increase the potential for minors to associate smoking and vaping with a normative or healthy lifestyle. The purpose of this article is to mitigate the negative impacts associated with smoking and vaping uses in order to serve the public health, safety, and welfare of residents and businesses within the city.
(Ord. No. 15-10, § 2D, 9-15-15)
(a) 
Smoking lounges and smoking/vaping retailers are subject to the review and approval procedures shown in Table 13-30 City of Costa Mesa Land Use Matrix and the operational and development standards contained in this article.
(b) 
Establishment of a smoking/vaping retail business within one thousand (1,000 feet) of a public or private primary or secondary educational school facility is strictly prohibited.
Notwithstanding the foregoing, the existing smoking/vaping retailers located at 891 W. Baker Street, Suite B-11 and 1175 Baker Street, Suite 10-D are legally nonconforming uses in accordance with Title 13, Chapter X of the Costa Mesa Municipal Code.
(c) 
Establishment of a smoking lounge business in the C1-S, PDC, and MP zones within 1,500 feet from another approved smoking lounge is strictly prohibited.
Notwithstanding the foregoing, the existing smoking lounges located at 2470 Newport Boulevard and 698 W. 19th Street are legally nonconforming uses in accordance with Title 13, Chapter X of the Costa Mesa Municipal Code. As legally nonconforming, the existing use may operate between the hours of 12:00 p.m. (noon) to 11:00 p.m. daily (within 500 feet of a residential zone).
(Ord. No. 15-10, § 2D, 9-15-15)
The distance shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest property line of the lot of a smoking or vaping business establishment to the other specified property.
(Ord. No. 15-10, § 2D, 9-15-15)
The following operational and development standards shall apply to all smoking lounges in the city and shall be included in conditions imposed upon granting of any conditional use permit for such business, unless the standards are specifically modified through the issuance of a conditional use permit:
(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) 
The establishment shall operate in compliance with all applicable federal, state, county, and local laws, rules, regulations, and ordinances relating to the protection of health, safety, and welfare.
(c) 
Minors prohibited. No persons under 18 years of age shall be permitted within any area of the business premises where smoking is allowed. Owners and operators of the establishment shall require identification to verify the age of customers.
(d) 
Employees. Employees shall be at least 18 years of age. The applicant shall provide the name, address, telephone number, Social Security and driver's license number of each person employed by the business, whether full-time or part-time, including, but not limited to, any independent contractors, and fully describe their job duties or work responsibilities prior to final inspection or issuance of temporary or final certificate of occupancy and on an annual basis.
(e) 
Hours of operation. The business shall not operate between the hours of 11:00 p.m. and 8:00 a.m. All customers, patrons and visitors shall be excluded from the business between these hours. Extended business hours may be considered through a conditional use permit based on the business operations, location, and proximity to residences and other sensitive uses.
(f) 
Indoor operation only. All business-related activities shall be conducted wholly within a building. Outdoor seating, operating outdoor barbeques or braziers, and/or lighting coals outdoors shall not be permitted.
(g) 
Parking. Parking shall be provided at 17 spaces per 1,000 square feet of gross floor area.
(h) 
Occupancy. The number of individuals inside the premises shall not exceed the lesser of: (i) The occupancy limit established by the fire department and/or building official; or (ii) An occupancy limit established as a condition of the permit.
(i) 
Admission charges prohibited. No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.
(j) 
Entertainment prohibited. No entertainment, as defined by Title 9, Chapter II, Article 11 of the Costa Mesa Municipal Code, shall be permitted within the business.
(k) 
Security. Uniformed security guard(s) shall be provided, as deemed necessary by the chief of police or his/her designee.
(l) 
Alcoholic beverages prohibited. No alcoholic beverages shall be sold or consumed on the business premises. The business shall not knowingly allow any person in possession of an open container of alcohol, or, consuming, using or under the influence of, any alcoholic beverage to enter or remain upon the premises of the business.
(m) 
Visibility. No window coverings, advertising devices, or signage shall prevent visibility of the interior of the establishment from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the chief of police or his/her designee.
(n) 
Illumination. 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.
(o) 
Ventilation required. Adequate ventilation shall be provided in accordance with all requirements imposed by the building official and fire department, or as otherwise required by state or federal laws. At a minimum, the ventilation system shall also assure that smoke from the establishment is incapable of migrating into adjacent tenant buildings/suites or outdoors. Smoking lounges that include the indoor heating of coals shall install a mechanical exhaust hood system to provide required ventilation.
(p) 
Noise. Any amplified noise generated by the business shall be subject to the noise limitations specified in Title 13, Chapter XIII (Noise Control) of Costa Mesa Municipal Code. In addition, the business shall not willfully make or continue, or cause to be made or continued, any excessive or unreasonable noise, which disturbs the peace or quiet of any property within the city or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.
(Ord. No. 15-10, § 2D, 9-15-15)