The following words and phrases, whenever used in this chapter,
shall have the meanings defined in this section unless the context
clearly requires otherwise:
"Lawfully established business" or "lawfully established smoke
shop"
means a business or smoke shop presently engaged in tobacco
retailing prior to passage of the ordinance codified in this chapter
and operating pursuant to a lawful business license, or is operating
pursuant to a lawful, nontransferred renewal of such a business's
business license in existence before passage of said ordinance. No
lawfully established smoke shop or lawfully established business that
is displaced or required to relocate by the City or its redevelopment
agency due to redevelopment activities shall lose its lawful status
solely as a result of such relocation within the same zone as it was
previously located. A lawfully established smoke shop that has been
relocated as provided for in this section shall not be prevented from
transferring an existing valid business license or obtaining a new
business license to engage in tobacco retailing at the designated
new location.
"Proprietor"
means a person with an ownership or managerial interest in
a business. An ownership interest shall be deemed to exist when a
person has a 10% or greater interest in the stock, or assets, or income
of a business other than the sole interest of security for debt. A
managerial interest shall be deemed to exist when a person can or
does have, or can or does share, control over the day-to-day operations
of a business.
"Smoke shop"
means a business primarily dedicated to the sale, display,
or offer for sale of tobacco products or paraphernalia.
"Tobacco paraphernalia"
means any device, product, equipment, or material of any
kind that is intended or designed for use for smoking, inhaling, or
ingesting tobacco, notwithstanding that the device, product, equipment,
or material may also be used for smoking, inhaling, or ingesting any
controlled substance. "Tobacco paraphernalia" includes, but is not
limited to, all of the following:
1.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
bowls;
6.
Cigarette papers or wrappers;
7.
Cigarette rolling machines;
8.
Blunt wraps, as defined in Section 308 of the
Penal Code;
9.
Hookahs and similar devices constructed with a receptacle or
container in which water or some other liquid may be placed into which
smoke passes and is cooled in the process of being inhaled or ingested.
"Tobacco product"
means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, dipping tobacco,
or any other form or preparation of tobacco.
"Tobacco retailer"
means any person who operates a store, stall, booth concession,
or any other place at which tobacco paraphernalia are sold or offered
for sale, regardless of the quantity of tobacco products or tobacco
paraphernalia, or where 20 or more square feet of store or shelf space
is used for the sale or display of any combination of tobacco product
or tobacco paraphernalia.
"Tobacco retailing"
means the sale or offer for sale of tobacco products or tobacco
paraphernalia.
(Ord. 2009-1081 § 1; Ord. 2010-1104 § 2)
It is unlawful for any person to sell, furnish, give away, or
transfer, or to attempt to or offer to sell, furnish, give away, or
transfer, tobacco paraphernalia in the City of Imperial Beach.
This section shall not apply to any lawfully established smoke
shop.
(Ord. 2009-1081 § 1)
Nothing in this chapter is intended to, nor shall be interpreted
as legalizing or applying to the delivery, furnishing, transfer, possession,
or manufacture of drug paraphernalia, or any use prohibited by state
or federal law, including
Penal Code Section 308 and Health and Safety
Code Sections 11014.5, 11364, 11364.5 and 11364.7.
(Ord. 2009-1081 § 1)