Contact: Shandi Wicks
Interim City Clerk
ORDINANCE NUMBER 14-10732
AN ORDINANCE ESTABLISHING A 90 DAY MORATORIUM ON NEW HOOKAH BARS AND VAPOR BARS OR THE EXPANSION OF EXISTING ONES IN THE CITY OF SALINA, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. The Governing Body makes the following findings:
(a) The City has received inquiries from individuals seeking to open” hookah bars” and “vapor bars” or “e-cigarette” lounges to use hookah pipes and e-cigarettes.
(b) The City of Salina zoning regulations set forth in Chapter 42 of the Salina Code are silent as to the regulation and location of e-cigarette lounges, vapor bars and hookah bars, except that in general, uses not specified as permitted are not allowed.
(c) E-cigarette lounges, vapor bars and hookah bars are typically adults-only uses in a commercial setting and may not be appropriate near uses where minors are present.
(d) In order to address community concerns regarding the establishment of e-cigarette lounges, vapor bars and hookah bars, it is necessary for the City to study the potential impact such facilities may have on the public health, safety and welfare.
(e) It is necessary that the City study the possible adoption of amendments to the City’s Municipal Code and Zoning Code regarding e-cigarette lounges, vapor bars and hookah bars. Staff needs time to study whether to limit such businesses to certain zoning districts, and which zoning districts would be appropriate for such uses.
(f) There is a potential threat to the public health, safety and welfare of the community if e-cigarette lounges, vapor bars and hookah bars locate in the City without proper regulations in place. Absent a temporary moratorium, it is likely that the establishment and operation of e-cigarette lounges, vapor bars and hookah bars in locations within the City, without appropriate controls in place to regulate the impacts on the community, will result in harmful effects to the businesses, property owners and residents of the City.
(g) The Governing Body desires to (1) address the community concerns regarding the establishment and operation of e-cigarette lounges, vapor bars and hookah bars, (2) study the potential impacts that e-cigarette lounges, vapor bars and hookah bars may have on the public health, safety and welfare, (3) study and determine what local regulations, if any: may be appropriate or necessary for e-cigarette lounges, vapor bars and hookah bars, (4) study and determine the appropriate zoning and location for e-cigarette lounges, vapor bars and hookah bars and (5) determine appropriate controls for protection of public health and welfare, and needs additional time to conduct these studies; and
(h) The establishment of a short-term moratorium on new vapor bars and hookah bars during the pendency of the legislative process in which Zoning Code amendments may be developed and considered is necessary in order to avoid any further development of such hookah bars and vapor bars in a manner potentially in conflict with the policy determinations resulting from that legislative process.
Section 2. Moratorium. There is hereby established a moratorium on:
(a) The opening and operation of new hookah bars or vapor bars and the expansion of existing hookah bars or vapor bars within the City of Salina; and
(b) The enforcement of the City Zoning Code in relation to a hookah bar or vapor bar existing on the date of adoption of this ordinance and upon which a determination of its lawful status is pending.
Section 3. Definitions. For purposes of moratorium the following terms shall mean:
(a) “Electronic Smoking Device” (E-Cigarette) means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor.
(b) “Hookah Bar” is any facility, building, structure or establishment whose business operation, whether as its principal use or as an accessory use, included the smoking of tobacco or other substances through one or more communal hookah pipes (also commonly referred to as a hookah, water pipe, shisha or narghile), including but not limited to establishments known as hookah lounges, hookah cares or hookah parlors, the definition of Hookah bar also includes any establishment that allows smoking through hookah pipes on the premises.
(c) “Vapor Bar” is any facility, building, structure or establishment, whose business operation, whether as its principal use or as an accessory use, includes utilizing a heating element that vaporizes a liquid solution that releases nicotine or a flavored vapor, including but not limited to establishments known as vapor lounges or e-cigarette lounges.
Section 4. Implementation. For the purpose of implementing this moratorium City staff shall not:
(a) Process any application for or issue any license for any establishment drinking establishment which would contain a space set aside for the smoking or hookah or inhalation of e-cigarette vapor); nor
(b) Process any application for or issue any occupancy permit or zoning certificate for use of property as hookah bar or vapor bar.
Section 5. Summary of Ordinance for Publication. This ordinance shall be published by the following summary:
Ordinance No. 14-10732 Summary
On March 10, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10732. The ordinance establishes a 90 day moratorium on new hookah bars and vapor bars or the expansion of existing ones in the City of Salina. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 6. Effective Date and Term. This ordinance shall be in full force and effect for and after its adoption and summary publication once in the official city newspaper and shall remain in full force and effect for a period of 90 days thereafter, unless further extended by ordinance.
Introduced: March 10, 2014
Passed: March 10, 2014
Barbara V. Shirley, Mayor
Shandi Wicks, CMC, Interim City Clerk