ORDINANCE NUMBER 14-10738
AN ORDINANCE EXTENDING A MORATORIUM ON NEW HOOKAH BARS AND VAPOR BARS OR THE EXPANSION OF EXISTING ONES IN THE CITY OF SALINA, KANSAS.
WHEREAS, on March 10, 2014, the Governing Body adopted Ordinance No. 14-10732 establishing a 90-day moratorium on the establishment of new hookah and vapor bars and the expansion of the existing ones.
WHEREAS, for the same reasons set forth in Ordinance No. 14-10732 an additional moratorium through August 15, 2014, is necessary to allow for Salina Planning Commission and City Commission consideration of proposed ordinance changes relating to the locational requirements for hookah bars and vapor bars. SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. 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 2. 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 3. 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 4. Summary of Ordinance for Publication. This ordinance shall be published by the following summary:
Ordinance No. 14-10738 Summary
On June 9, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10738. The ordinance extends an existing moratorium on new hookah bars and vapor bars or the expansion of existing ones in the City of Salina to August 15, 2014. 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 until August 15, 2014, thereafter, unless further extended by ordinance.
Introduced: June 9, 2014
Passed: June 9, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney