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�al„„iCy0t1{o°� STAFF REPORT
Development Services Department
DATE: May 13, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrat
SUBJECT: CONTINUED PUBLIC HEARING — TEXT AMENDMENT NO. TA 14-01
WITH AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) TO AMEND THE ARCADIA MUNICIPAL CODE
TO DEFINE AND REGULATE THE USE OF ELECTRONIC SMOKING
DEVICES AND SMOKING LOUNGES, TO AMEND THE
CONDITIONAL USE PERMIT REQUIREMENT FOR RETAIL USES
AND BUSINESSES THAT OPERATE ON A WALK-IN BASIS DURING
THE LATE NIGHT HOURS, AND ADD FLOOR AREA RATIOS TO THE
COMMERCIAL AND INDUSTRIAL ZONES.
Recommended Action: Continue to May 27, 2014
At its April 22, 2014, regular meeting, the Arcadia Planning Commission opened a
public hearing on proposed Text Amendment No. TA 14-01 to amend regulations in
the Arcadia Municipal Code regarding smoking and electronic cigarettes, smoking
lounges, floor-area-ratios in the commercial and industrial zones, and the
Conditional Use Permit requirements for businesses open late at night. The April
22, 2014, staff report is attached, along with two pieces of additional information that
were distributed at the meeting: revised language for Exhibit "A" on the text
amendment for smoking prohibitions, and a list of Smoke Shop & E-Cigarette
regulations of other cities.
Several questions were raised by the Commission, and several attendees
addressed the Commission; particularly in regards to the smoking lounges.
Commissioner Baerg also submitted a recent Pasadena Star News article on e-
cigarette vapor, and related an e-mail exchange with staff. These two items are
attached. Also attached are e-mails that were received following the April 22, 2014
meeting in support of an existing cigar shop at 26 N. First Avenue and in opposition
to any new regulations being applied to it retroactively.
Staff has had a discussion with the City Attorney regarding the questions posed by
the Commission, and in regards to the retroactivity/amortization of the potential
regulations that would affect existing businesses that would become legal-
nonconforming. The discussion with the City Attorney resulted in a need to gather
additional information on existing businesses, and to prepare additional draft
language for the text amendments. Staff has not been able to compile this
information and prepare the new language in time for the City Attorney's review prior
to the May 13, 2014 meeting. Therefore, it is recommended that the public hearing
be continued to the May 27, 2014 meeting.
PLANNING COMMISSION ACTION
The Planning Commission should approve a motion to continue the public hearing
on Text Amendment No. TA 14-01 to the May 27, 2014 meeting.
If any Planning Commissioner or other interested party has any questions regarding
this matter prior to the May 13, 2014 meeting, please contact Jim Kasama at (626)
574-5442, or ikasama(a�ci.arcadia.ca.us.
Attachments: April 22, 2014 Staff Report
Revised Exhibit "A"
List of Cities regulating Smoke Shops & E-Cigarettes
Pasadena Star News article
E-mail between Commissioner Baerg and staff
E-mails in support of Robusto Cigars — 26 N. First Ave.
Text Amendment No. TA 14-01
May 13, 2014
Page 2 of 2
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Development Services Department
DATE: April 22, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: TEXT AMENDMENT NO. TA 14-01 WITH AN EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO
AMEND THE ARCADIA MUNICIPAL CODE TO DEFINE AND
REGULATE THE USE OF ELECTRONIC SMOKING DEVICES AND
SMOKING LOUNGES, TO AMEND THE CONDITIONAL USE PERMIT
REQUIREMENT FOR RETAIL USES AND BUSINESSES THAT
OPERATE ON A WALK-IN BASIS DURING THE LATE NIGHT
HOURS, AND ADD FLOOR AREA RATIOS TO THE COMMERCIAL
AND INDUSTRIAL ZONES.
Recommended Action: Find that this project is exempt from CEQA,
and forward a recommendation to the City Council
SUMMARY
The Development Services Department is proposing Text Amendment No. TA 14-01
to define and regulate the use of electronic smoking devices and smoking lounges,
to add floor area ratios (FARs) to the commercial and industrial zones, and amend
the Conditional Use Permit (CUP) requirement for retail uses and businesses that
operate on a walk-in basis during the late night hours.
The use and sale of electronic smoking devices or vaping and e-cigarettes is a
growing business. But, the health impacts of these devices and vapors are
unknown. And, as of yet, there are no State or federal regulations in place that
directly address the use and sale of these products. In addition, smoking lounges
for both regular tobacco-related products and electronic smoking devices or vaping
have become a trend; but as a land use, is not addressed by the Arcadia Municipal
Code. Therefore, in the interest of promoting and protecting the community's health,
safety and general welfare, the Development Services Department is proposing
regulations to restrict the use of these products in a manner similar to the restrictions
on smoking and tobacco products.
The General Plan Update that was adopted in 2010 established Floor Area Ratios
(FARs) for the areas designated for commercial and industrial uses, but these limits
were not incorporated into the zoning regulations. They are now proposed to be
added to the commercial and industrial zones to be consistent with the City's
General Plan.
In a further effort to promote public health, safety, and welfare, the Conditional Use
Permit (CUP) requirement for businesses operating on a walk-in basis during the
late night hours are proposed to be extended to apply to the hours between 10:00
p.m. and 6:00 a.m. This will offer the City an opportunity to review each late night
retail and business operation that is open to the public through a public hearing for a
CUP. The Development Services Department is recommending approval of the
proposed text amendments as set forth in the attached Exhibits "A," "B," and "C" of
this staff report.
DISCUSSION
The proposed text amendments affect two Articles of the Arcadia Municipal Code:
Article IV — Public Welfare, Morals and Policy, and Article IX — Division and Use of
Land. The proposed text amendments are as follows:
a. Amending the Smoking Prohibited regulations in Section 4290.
b. Adding new definitions on smoking, smoking lounges, and the use of electronic
cigarettes and similar devices in Section 9220 et seq.
c. Amending the Conditional Use Permit requirement to allow Smoking Lounges in
Section 9275.1 et seq.
d. Amending the Parking Requirements to include Smoking Lounges in Sections
9265.1 and 9269.5.
e. Amending the Conditional Use Permit requirement in the Commercial Planned
Development (CPD-1), Limited Commercial (C-1), General Commercial (C-2),
and Commercial Manufacturing (CM) zones to restrict retail uses and
businesses that operate on a walk-in basis between the hours of 10:00 p.m. and
6:00 a.m. in Article IX, Chapter 2, Part 6.
f. Repealing the Lot Coverage limitation in Section 9266.2.4 of the Planned
Industrial District (M-1) zone.
g. Adding the Floor Area Ratio of 50% in the Commercial Planned Development
(CPD-1), Commercial Office (C-O), Limited Commercial (C-1), General
Commercial (C-2), Commercial Manufacturing (CM), and Planned Industrial
District (M-1) zones in Article IX, Chapter 2, Part 6, for consistency with the
General Plan.
Text Amendment No. TA 14-01
April 22, 2014
Page 2 of 6
Under Article IV, Section 4290 is proposed to be expanded to have the "Smoking
Prohibited" regulations include a wider variety of smoking devices, and to be
consistent with the new zoning definitions and to include additional smoking
restrictions in specified areas. Article IX is being amended to expand the Conditional
Use Permit (CUP) requirement for late night hours for retail uses and businesses in
the commercial zones, to provide new definitions and restrictions on smoking and
electronic smoking devices, and to add the floor area ratios in the commercial and
industrial zones. The proposed wording of the text amendments are shown on the
attached Exhibits "A," "B," and "C." The proposed new language is Italicized and
underlined, and the proposed deletions are shown with "
Electronic Smoking Devices / Smoking Lounges
The retail sale of tobacco products such as cigars, cigarettes, and electronic
cigarettes is allowed where ever a retail use is allowed. But, City regulations do not
address the use of tobacco products, electronic cigarettes or similar devices within a
retail shop. Any shop or business that allows smoking is required to comply with the
State Labor Law on smoking in the workplace (California State Labor Code Section
6404.5 is attached) but there are currently no State regulations on electronic
smoking devices/electronic cigarettes, other similar devices, or vaping. In the
absence of State regulations, many cities are beginning to impose regulations to
restrict the use of electronic smoking devices, at least in the manner of traditional
cigarettes or other tobacco products. Attached are articles on the restrictions
recently adopted by the City of Los Angeles.
The City of Arcadia has prohibited smoking in public buildings, places of public
assembly, and elevators since 1975. A prohibition of the use of tobacco products,
including electronic cigarettes at City parks, recreation areas and entertainment
events was adopted on June 19, 2012. These restrictions in Article IV of the Arcadia
Municipal Code are proposed to be expanded to include a wider variety of smoking
devices and to be consistent with the new zoning definitions, and to include
additional smoking restrictions in specified areas.
Within the past year, there have been a number of inquiries regarding seating in
electronic cigarette or vape shops. In response, the attached Planning Policy No. 49
was drafted to prohibit the on-site consumption of products, except for the incidental
sampling of products while standing adjacent to a sales counter. This text
amendment proposes to codify these restrictions. Additionally, there have been
inquiries and attempts to open smoking, or hookah, vape, and cigar lounges. This
use is not addressed by the Zoning Code. The proposed text amendment defines
smoking, smoking lounges, vaping, and electronic smoking devices or electronic
cigarettes; and makes smoking, hookah, and/or vaping lounges subject to a
Conditional Use Permit.
The City's General Plan includes a goal to promote healthy lifestyles. While the
health impacts from the vapor produced from electronic cigarettes is still being
Text Amendment No. TA 14-01
April 22, 2014
Page 3 of 6
debated, restricting the use of these products in the same manner as traditional
tobacco products would help in achieving this goal. These text amendments will
provide definitions for the following: "smoke or smoking," "electronic smoking
device/electronic cigarette," and "smoking lounges." The amendments will allow
retail sale of tobacco products, including electronic cigarettes in zones where retail
shops are permitted, and allow by CUP smoking lounges, which are to be defined as
establishments that provide and/or sell smoking products with any seating, and/or
where on-site smoking is the primary activity, in the following zones: Commercial
Planned Development-1 (CPD-1), Limited Commercial (C-1), General Commercial
(C-2), Central Business District (CBD), Commercial-Manufacturing (C-M), Downtown
Mixed Use (DMU), and Mixed Use (M-U). The only commercial zone in which
smoking lounges will not be allowed is the Professional Office (C-O) zone. And,
they will not be allowed at the Westfield Mall because their allowed use list can only
be amended by a City Council resolution.
There are seven tobacco/vape-related shops with business licenses in the City, and
some of these provide seating. The text amendment proposes that the new
regulations be applicable to these existing establishments. If they want to have
seating, they will need to get approval of a CUP. If they remove all seating, then
they will be in compliance with the proposed new regulations as retail shops. In
addition, the general parking requirements are to be amended to include smoking
lounges with the same parking requirement for bars and cocktail lounges, which is
15 spaces per 1,000 square feet of gross floor area. The text amendments are
attached as Exhibit "A."
Floor Area Ratios
The City's General Plan established a 50% Floor Area Ratio (FAR) limitation for the
Commercial and Industrial Land Use Designations. However, these limitations are
not in the zoning regulations, which has caused some confusion. The proposed text
amendments will add the 50% FAR provision to the following zones to be consistent
with the General Plan: Commercial Planned Development-1 (CPD-1), Professional
Office (C-O), Limited Commercial (C-1), General Commercial (C-2), Central
Business District (CBD), Commercial-Manufacturing (C-M), and Planned Industrial
District (M-1). The Downtown Mixed Use (DMU) and Mixed Use (M-U) zones have
a 1.0 FAR that is already stated in those zoning regulations. Additionally, there is a
Downtown Overlay that increases the FAR to 1.0 for the Downtown properties. The
proposed text amendments are attached as Exhibit "B."
Late Night Business Hours
In the Commercial Planned Development (CPD-1), Limited Commercial (C-1),
General Commercial (C-2), and Commercial-Manufacturing (CM) zones, retail uses
are currently required to obtain a Conditional Use Permit (CUP) if they operate
between midnight and 6:00 a.m., and/or more than 16 hours a day, and are within
150 feet of residentially-zoned property. The hours from 10:00 p.m. to midnight are
Text Amendment No. TA 14-01
April 22, 2014
Page 4of6
not necessarily included in the CUP requirement, but were excluded for restaurants
in the Downtown Mixed Use (DMU) and Mixed Use (MU) zones to provide an
incentive for those businesses to locate in those zones.
To promote the public health, safety, and welfare, the CUP requirement for retail
businesses selling goods, services and/or products on a walk-in basis during the late
night hours is proposed to be expanded to apply to any business that is open on a
walk-in basis for any time between 10:00 p.m. and 6:00 a.m. at any location, except
for restaurants in the DMU and MU zones. In those zones, restaurants may still be
open until midnight without a CUP.
This text amendment will provide the City the opportunity to review most late night
business through the CUP process to ensure that the neighboring properties will not
be adversely impacted. The proposed times of 10:00 p.m. to 6:00 a.m. are
consistent with the City's noise ordinance, where the allowable noise level drops at
10:00 p.m.
Many businesses such as restaurants, convenience stores, gas stations, etc., are
already subject to CUPs and those generally include late night hours, but there are
many, such as personal service businesses, day spas, tattoo and massage parlors,
and smoke shops that could be open until midnight without a CUP. The text
amendment proposes that the expanded CUP requirement for late night hours be
applicable to existing businesses. If a business does not already have a CUP that
includes being open past 10:00 p.m., then it will need to get approval of a CUP. If it
is not to be open past 10:00 p.m., then it will be in compliance with the proposed late
night regulations. The proposed text amendments are attached as Exhibit "C."
ENVIRONMENTAL ANALYSIS
The proposed text amendments are exempt from further environmental review
because they do not qualify as a project for the purposes of the California
Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines
because there is no potential for the text amendments to have a significant effect on
the environment. A Preliminary Exemption Assessment is attached.
PUBLIC NOTICE/COMMENTS
The Public Hearing Notice for Text Amendment No. TA 14-01 was published in the
Arcadia Weekly on April 10, 2014. As of April 17, 2014, no comments were received
in response to the public hearing notice. There are seven tobacco/vape-related
shops with business licenses in the City. A copy of the notice and this staff report
has been sent to those business proprietors.
RECOMMENDATION
Text Amendment No. TA. 14-01 is proposed to address the inadequacies of the
smoking regulations, provide control of late-night businesses, and bring the zoning
Text Amendment No. TA 14-01
April 22, 2014
Page 5 of 6
regulations into consistency with the floor area ratio provisions in the General Plan.
The Development Services Department recommends approval of Text Amendment
No. TA 14-01.
PLANNING COMMISSION ACTION
The Planning Commission should direct staff to convey the Commission's
recommendations and comments to the City Council for consideration at a public
hearing.
If any Planning Commissioner or other interested party has any questions regarding
this matter prior to the April 22, 2014 meeting, please contact Associate Planner,
Thomas Li by calling (626) 574-5447, or by email at tli cni ci.arcadia.ca.us.
Approved by:
Jim sama
Co munity Development Administrator
Attachments: Exhibit "A" — Proposed Smoking Regulation Amendments
Exhibit "B" — Proposed Floor Area Ratio Amendments
Exhibit "C" — Proposed Late-Night Business Amendments
California State Labor Code regarding Smoking in the Workplace
Articles on City of Los Angeles Restrictions
Planning Policy No. 49 regarding e-cigarettes and smoke shops
Preliminary CEQA Exemption Assessment
Text Amendment No. TA 14-01
April 22, 2014
Page 6 of 6
Text Amendment No. TA 14-01 — Exhibit "A"
Electronic Smoking Device/Cigarette/Smoking/Smoking Lounges
Proposed new language is italicized and underlined, and proposed deletions are shown
with .
ARTICLE IV
4290. SMOKING PROHIBITED.
It shall be unlawful for any person to hold, carry, possess, smoke, vape, burn, inhale,
and/or exhale any kind of lighted or actuated pipe, cigar, cigarette, hookah,joint, or any
other lighted smoking equipment, including the use of any electronic cigarette, or other
similar devices light, ignite or otherwise set fire to, or smoke, carry, throw or deposit any
within:
1. Those portions of any building, structure or other enclosed facility open to the
general public for the primary purpose of exhibiting any motion picture, stage
production, musical recital or similar performance exclusive of sports events,
other than in an area which serves as a lobby;
2. Any room, chamber, place of meeting or public assembly wherein public
business is being conducted and which is open to members of the general
public either as participants or as spectators, except that the prohibition
contained in this subparagraph shall not apply within a contiguous area
containing fifty percent (50%) or less of the room, chamber, or place of meeting
or public assembly, if the entity having management and control of the premises
has designated and identified such area as a Smoking Permitted Area by
appropriate signs, provided that no division of that area of such room, chamber,
place of meeting or public assembly set aside for use by the general public shall
be made on a front area versus rear area basis.
3. Any elevator e _ -_ _ -•e- _ -- - _-_ • • __ _ e . - - e .
4. Any outdoor dining area, and within 20 feet of an outdoor dining area and/or any
business entrance.
5. Any place where smoking is prohibited by any County, State or Federal law.
4290.1. TOBACCO PRODUCTS AT CITY PARKS, RECREATION AREAS AND
ENTERTAINMENT EVENTS PROHIBITED.
A. It shall be unlawful for any person to use any form of tobacco products, at any
time, in or upon any City park property or recreation area. Prohibited products
include any product containing tobacco or nicotine, including, but not limited to,
cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove
cigarettes, betel, and nicotine delivery devices such as electronic cigarettes.
Exceptions shall be made for the use or possession of prescription nicotine
products.
Text Amendment No. TA 14-01 — Exhibit "A" —Smoking
Page 1 of 2
B. Tobacco products are prohibited during the performance or conduct of any City
conducted or sponsored events at the parks and recreation areas, including but
not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs,
or training in any such location. Notwithstanding the foregoing, the Director of
Recreation and Community Services is authorized to designate restricted areas
within which the products containing tobacco or nicotine described in subsection
A may be used at such a City conducted or sponsored event.
C. During the period that the Arcadia Par 3 Golf Course is owned by the City of
Arcadia, it shall be exempt from the prohibition against the use of products
containing tobacco or nicotine.
ARTICLE IX
DEFINITIONS
ELECTRONIC SMOKING DEVICE OR ELECTRONIC CIGARETTE
"Electronic smoking device" or "Electronic cigarette" means any electronically actuated
device which in operation enables the user to inhale or exhale any smoke, vapor, or
other substance other than those produced by unenhanced human exhalation.
"Electronic smoking device" or "Electronic cigarette" 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, or under any other
product name or descriptor.
SMOKE OR SMOKING
"Smoke" or "smoking" means the holding, carrying, possessing, smoking, vaping,
burning, inhaling and/or exhaling of any kind of lighted or actuated pipe, cigar, cigarette,
hookah, joint, or any other lighted smoking equipment, including the use of any
electronic smoking device, or other similar devices.
SMOKING LOUNGES
A smoking lounge is an establishment or location that provides and/or sells smoking
products with any seating, and/or where onsite smoking is the primary activity,
regardless of whether the smoking products are provided by the establishment, or are
brought to the location by the patron.
USES SUBJECT TO A CONDITIONAL USE PERMIT
Smoking Lounges in the following zones: Commercial Planned Development-1 (CPD-1),
Limited Commercial (C-1), General Commercial (C-2), Central Business District (CBD),
Commercial-Manufacturing (C-M), Downtown Mixed Use (DMU), and Mixed Use (MU).
OFF-STREET PARKING
Bars and Cocktail Lounges; Smoking 15 spaces per 1,000 sq. ft. of gross floor
Lounges area
Text Amendment No. TA 14-01 — Exhibit "A" — Smoking
Page 2 of 2
Text Amendment No. TA 14-01 — Exhibit "B"
Floor Area Ratio
Proposed new language is italicized and underlined, and proposed deletions are shown
with sti-ketia-r-e-ughs,
CPD-1, C-O, C-1, CBD, and C-M zones:
Building gross floor area shall not exceed fifty percent (50%) of the total lot area.
C-2 zone:
FLOOR AREA RATIO REQUIREMENTS
-- . Building gross floor area shall not exceed fifty
percent (50%) of the total lot area.
M-1 zone:
9266.2.4. OT COVERA FLOOR AREA RATIO
Building coverage gross floor area shall not exceed sixty fifty percent (6950%) of the
total lot area.
Text Amendment No. TA 14-01 — Exhibit "B" — FAR
Text Amendment No. TA 14-01 - Exhibit "C"
Expand CUP requirement for late night, walk-in business hours
Proposed new language is italicized and underlined, and proposed deletions are shown
with strikethroughc
CPD-1 Zone:
USES SUBJECT TO CONDITIONAL USE PERMIT
Every r°� business selling goods, services and/or products to the public on a
walk-in basis which is open more than sixteen (16) hours per day or which is open-te
the public any time between midnight (12:00 a.m.) 10:00 p.m. and 6:00 a.m., and•
--- - • - - - •: - • -' -- - • - - -
C-1 Zone:
USES PERMITTED
A conditional use permit (CUP) shall be required for every business selling
alcoholic beverages for off-premise consumption. A CUP shall be required for every
business selling goods, services and/or products to the public on a walk-in basis which
• _ _-- - _ - - • -- • _ • _ - .- . - . _ which is open to the public any time
between midnight (12 0-0 a m.) 10:00 p.m. and 6:00 a.m., and located less than one
C-2 Zone:
RETAIL STORES
A CUP shall be required for every business selling goods, services and/or
products to the public on a walk-in basis - -• -e-- • - - • - • • = • - - -
day-Of-which is open to the public any time between midnight (12:00 a.m.) 10:00 p.m.
and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially
boy.
C-M Zone:
USES PERMITTED
A conditional use permit (CUP) shall be required for every business selling
alcoholic beverages for off-premise consumption. A CUP shall be required for every
business selling goods, services and/or products to the public on a walk-in basis which
• e_ - - _ - • _ • -- - _ ' e . e- e _ e which is open to the public any time
between midnight (1200 p.m.)_10.00 p.m. and 6:00 a.m., and located less than one
Text Amendment No. TA 14-01 — Exhibit "C"
CUP for late night business hours — Page 1 of 2
DMU Zone:
NON-RESIDENTIAL USES
Use Permit Requirement
Retail Uses and businesses selling goods, P — if open between the hours of 6:00 a.m.
services and/or products on a walk-in and 10:00 p.m., except until 12:00
basis, excepting restaurants midnight for restaurants
C — if open anytime between the hours of
10:00 p.m. and 6:00 a.m., except for
restaurants unless open anytime between
the hours of 12:00 midnight and 6:00 a.m.
MU Zone:
NON-RESIDENTIAL USES
Use Permit Requirement
Retail Uses and businesses selling goods, P — if open between the hours of 6:00 a.m.
services and/or products on a walk-in and 10:00 p.m., except until 12:00
basis, excepting restaurants midnight for restaurants
C — if open anytime between the hours of
10:00 p.m. and 6:00 a.m., except for
restaurants unless open anytime between
the hours of 12:00 midnight and 6:00 a.m.
Conditional Uses:
RETAIL BUSINESSES
Retail Businesses selling goods, services and/or products to the public on a walk-in
basis, •_ _ - _ .-• • _ - •- . "•• _ 'e - _- e - . _ which are open to tic
public any time between midnight (12:00 a.m.) 10:00 p.m. and 6:00 a.m., and located
- - e.- • - -! -- - - - -- - ---• .•
Text Amendment No. TA 14-01 — Exhibit "C"
CUP for late night business hours — Page 2 of 2
California State Labor Law
Smoking in the Workplace
6404. No employer shall occupy or maintain any place of employment that is not safe
and healthful.
6404.5.
(a) The Legislature finds and declares that regulation of smoking in the workplace is a
matter of statewide interest and concern. It is the intent of the Legislature in enacting
this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed
places of employment in this state, as covered by this section, thereby eliminating the
need of local governments to enact workplace smoking restrictions within their
respective jurisdictions.
It is further the intent of the Legislature to create a uniform statewide standard to restrict
and prohibit the smoking of tobacco products in enclosed places of employment, as
specified in this section, in order to reduce employee exposure to environmental
tobacco smoke to a level that will prevent anything other than insignificantly harmful
effects to exposed employees, and also to eliminate the confusion and hardship that
can result from enactment or enforcement of disparate local workplace smoking
restrictions.
Notwithstanding any other provision of this section, it is the intent of the Legislature that
any area not defined as a "place of employment" pursuant to subdivision (d) or in which
the smoking of tobacco products is not regulated pursuant to subdivision (e) shall be
subject to local regulation of smoking of tobacco products.
(b) No employer shall knowingly or intentionally permit, and no person shall engage in,
the smoking of tobacco products in an enclosed space at a place of employment.
"Enclosed space" includes lobbies, lounges, waiting areas, elevators, stairwells, and
restrooms that are a structural part of the building and not specifically defined in
subdivision (d).
(c) For purposes of this section, an employer who permits any nonemployee access to
his or her place of employment on a regular basis has not acted knowingly or
intentionally in violation of this section if he or she has taken the following reasonable
steps to prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or structure, a
sign stating "No smoking" shall be posted at each entrance to the building
or structure.
Page 1 of 7
California State Labor Law
Smoking in the Workplace
(B) Where smoking is permitted in designated areas of the building or
structure, a sign stating "Smoking is prohibited except in designated
areas" shall be posted at each entrance to the building or structure.
(2) Has requested, when appropriate, that a nonemployee who is smoking refrain
from smoking in the enclosed workplace.
For purposes of this subdivision, "reasonable steps" does not include (A) the physical
ejection of a nonemployee from the place of employment or (B) any requirement for
making a request to a nonemployee to refrain from smoking, under circumstances
involving a risk of physical harm to the employer or any employee.
(d) For purposes of this section, "place of employment" does not include any of the
following:
(1) Sixty-five percent of the guestroom accommodations in a hotel, motel, or
similar transient lodging establishment.
(2) Areas of the lobby in a hotel, motel, or other similar transient lodging
establishment designated for smoking by the establishment. An establishment
may permit smoking in a designated lobby area that does not exceed 25 percent
of the total floor area of the lobby or, if the total area of the lobby is 2,000 square
feet or less, that does not exceed 50 percent of the total floor area of the lobby.
For purposes of this paragraph, "lobby" means the common public area of an
establishment in which registration and other similar or related transactions, or
both, are conducted and in which the establishment's guests and members of the
public typically congregate.
(3) Meeting and banquet rooms in a hotel, motel, other transient lodging
establishment similar to a hotel or motel, restaurant, or public convention center,
except while food or beverage functions are taking place, including setup,
service, and cleanup activities, or when the room is being used for exhibit
purposes. At times when smoking is not permitted in a meeting or banquet room
pursuant to this paragraph, the establishment may permit smoking in corridors
and prefunction areas adjacent to and serving the meeting or banquet room if no
employee is stationed in that corridor or area on other than a passing basis.
(4) Retail or wholesale tobacco shops and private smokers' lounges. For
purposes of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or attached to a
retail or wholesale tobacco shop that is dedicated to the use of tobacco
products, including, but not limited to, cigars and pipes.
Page 2of7
California State Labor Law
Smoking in the Workplace
(B) "Retail or wholesale tobacco shop" means any business establishment
the main purpose of which is the sale of tobacco products, including, but
not limited to, cigars, pipe tobacco, and smoking accessories.
(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck
tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking
employees are present.
(6) Warehouse facilities. For purposes of this paragraph, "warehouse facility"
means a warehouse facility with more than 100,000 square feet of total
floorspace, and 20 or fewer full-time employees working at the facility, but does
not include any area within a facility that is utilized as office space.
(7) Gaming clubs, in which smoking is permitted by subdivision (f). For purposes
of this paragraph, "gaming club" means any gaming club, as defined in Section
19802 of the Business and Professions Code, or bingo facility, as defined in
Section 326.5 of the Penal Code, that restricts access to minors under 18 years
of age.
(8) Bars and taverns, in which smoking is permitted by subdivision (f). For
purposes of this paragraph, "bar" or "tavern" means a facility primarily devoted to
the serving of alcoholic beverages for consumption by guests on the premises, in
which the serving of food is incidental. "Bar or tavern" includes those facilities
located within a hotel, motel, or other similar transient occupancy establishment.
However, when located within a building in conjunction with another use,
including a restaurant, "bar" or "tavern" includes only those areas used primarily
for the sale and service of alcoholic beverages. "Bar" or "tavern" does not include
the dining areas of a restaurant, regardless of whether alcoholic beverages are
served therein.
(9) Theatrical production sites, if smoking is an integral part of the story in the
theatrical production.
(10) Medical research or treatment sites, if smoking is integral to the research
and treatment being conducted.
(11) Private residences, except for private residences licensed as family day care
homes, during the hours of operation as family day care homes and in those
areas where children are present.
(12) Patient smoking areas in long-term health care facilities, as defined in
Section 1418 of the Health and Safety Code.
Page 3 of 7
California State Labor Law
Smoking in the Workplace
(13) Breakrooms designated by employers for smoking, provided that all of the
following conditions are met:
(A) Air from the smoking room shall be exhausted directly to the outside
by an exhaust fan. Air from the smoking room shall not be recirculated to
other parts of the building.
(B) The employer shall comply with any ventilation standard or other
standard utilizing appropriate technology, including, but not limited to,
mechanical, electronic, and biotechnical systems, adopted by the
Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent standards,
the ventilation standards of the Occupational Safety and Health Standards
Board shall be no less stringent than the standards adopted by the federal
Environmental Protection Agency.
(C) The smoking room shall be located in a nonwork area where no one,
as part of his or her work responsibilities, is required to enter. For
purposes of this subparagraph, "work responsibilities" does not include
any custodial or maintenance work carried out in the breakroom when it is
unoccupied.
(D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers.
(14) Employers with a total of five or fewer employees, either full time or part
time, may permit smoking where all of the following conditions are met:
(A) The smoking area is not accessible to minors.
(B) All employees who enter the smoking area consent to permit smoking.
No one, as part of his or her work responsibilities, shall be required to
work in an area where smoking is permitted. An employer who is
determined by the division to have used coercion to obtain consent or who
has required an employee to work in the smoking area shall be subject to
the penalty provisions of Section 6427.
(C) Air from the smoking area shall be exhausted directly to the outside by
an exhaust fan. Air from the smoking area shall not be recirculated to
other parts of the building.
(D) The employer shall comply with any ventilation standard or other
standard utilizing appropriate technology, including, but not limited to,
mechanical, electronic, and biotechnical systems, adopted by the
Page 4 of 7
California State Labor Law
Smoking in the Workplace
Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent standards,
the ventilation standards of the Occupational Safety and Health Standards
Board shall be no less stringent than the standards adopted by the federal
Environmental Protection Agency.
This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on smoking areas made applicable
to specific types of business establishments by any other paragraph of this
subdivision or (ii) apply in lieu of any otherwise applicable paragraph of
this subdivision that has become inoperative.
(e) Paragraphs (13) and (14) of subdivision (d) shall not be construed to require
employers to provide reasonable accommodation to smokers, or to provide breakrooms
for smokers or nonsmokers.
(f) (1) Except as otherwise provided in this subdivision, smoking may be permitted
in gaming clubs, as defined in paragraph (7) of subdivision (d), and in bars and
taverns, as defined in paragraph (8) of subdivision (d), until the earlier of the
following:
(A) January 1, 1998.
(B) The date of adoption of a regulation (i) by the Occupational Safety and
Health Standards Board reducing the permissible employee exposure
level to environmental tobacco smoke to a level that will prevent anything
other than insignificantly harmful effects to exposed employees or (ii) by
the federal Environmental Protection Agency establishing a standard for
reduction of permissible exposure to environmental tobacco smoke to an
exposure level that will prevent anything other than insignificantly harmful
effects to exposed persons.
(2) If a regulation specified in subparagraph (B) of paragraph (1) is adopted on or
before January 1, 1998, smoking may thereafter be permitted in gaming clubs
and in bars and taverns, subject to full compliance with, or conformity to, the
standard in the regulation within two years following the date of adoption of the
regulation. An employer failing to achieve compliance with, or conformity to, the
regulation within this two-year period shall prohibit smoking in the gaming club,
bar, or tavern until compliance or conformity is achieved. If the Occupational
Safety and Health Standards Board and the federal Environmental Protection
Agency both adopt regulations specified in subparagraph (B) of paragraph (1)
that are inconsistent, the regulations of the Occupational Safety and Health
Page 5of7
California State Labor Law
Smoking in the Workplace
Standards Board shall be no less stringent than the regulations of the federal
Environmental Protection Agency.
(3) If a regulation specified in subparagraph (B) of paragraph (1) is not adopted
on or before January 1, 1998, the exemptions specified in paragraphs (7) and (8)
of subdivision (d) shall become inoperative on and after January 1, 1998, until a
regulation is adopted. Upon adoption of such a regulation on or after January 1,
1998, smoking may thereafter be permitted in gaming clubs and in bars and
taverns, subject to full compliance with, or conformity to, the standard in the
regulation within two years following the date of adoption of the regulation. An
employer failing to achieve compliance with, or conformity to, the regulation
within this two-year period shall prohibit smoking in the gaming club, bar, or
tavern until compliance or conformity is achieved. If the Occupational Safety and
Health Standards Board and the federal Environmental Protection Agency both
adopt regulations specified in subparagraph (B) of paragraph (1) that are
inconsistent, the regulations of the Occupational Safety and Health Standards
Board shall be no less stringent than the regulations of the federal Environmental
Protection Agency.
(4) From January 1, 1997, to December 31, 1997, inclusive, smoking may be
permitted in gaming clubs, as defined in paragraph (7) of subdivision (d), and in
bars and taverns, as defined in paragraph (8) of subdivision (d), subject to both
of the following conditions:
(A) If practicable, the gaming club or bar or tavern shall establish a
designated nonsmoking area.
(B) If feasible, no employee shall be required, in the performance of
ordinary work responsibilities, to enter any area in which smoking is
permitted.
(g) The smoking prohibition set forth in this section shall constitute a uniform statewide
standard for regulating the smoking of tobacco products in enclosed places of
employment and shall supersede and render unnecessary the local enactment or
enforcement of local ordinances regulating the smoking of tobacco products in enclosed
places of employment. Insofar as the smoking prohibition set forth in this section is
applicable to all (100-percent) places of employment within this state and, therefore,
provides the maximum degree of coverage, the practical effect of this section is to
eliminate the need of local governments to enact enclosed workplace smoking
restrictions within their respective jurisdictions.
(h) Nothing in this section shall prohibit an employer from prohibiting smoking in an
enclosed place of employment for any reason.
Page 6 of 7
California State Labor Law
Smoking in the Workplace
(i) The enactment of local regulation of smoking of tobacco products in enclosed places
of employment by local governments shall be suspended only for as long as, and to the
extent that, the (100-percent) smoking prohibition provided for in this section remains in
effect. In the event this section is repealed or modified by subsequent legislative or
judicial action so that the (100-percent) smoking prohibition is no longer applicable to all
enclosed places of employment in California, local governments shall have the full right
and authority to enforce previously enacted, and to enact and enforce new, restrictions
on the smoking of tobacco products in enclosed places of employment within their
jurisdictions, including a complete prohibition of smoking. Notwithstanding any other
provision of this section, any area not defined as a "place of employment" or in which
smoking is not regulated pursuant to subdivision (d) or (e), shall be subject to local
regulation of smoking of tobacco products.
(j) Any violation of the prohibition set forth in subdivision (b) is an infraction, punishable
by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred
dollars ($200) for a second violation within one year, and five hundred dollars ($500) for
a third and for each subsequent violation within one year. This subdivision shall be
enforced by local law enforcement agencies, including, but not limited to, local health
departments, as determined by the local governing body.
(k) Notwithstanding Section 6309, the division shall not be required to respond to any
complaint regarding the smoking of tobacco products in an enclosed space at a place of
employment, unless the employer has been found guilty pursuant to subdivision (j) of a
third violation of subdivision (b) within the previous year.
(I) If any provision of this act or the application thereof to any person or circumstances is
held invalid, that invalidity shall not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to this end the
provisions of this act are severable.
Page 7 of 7
Los Angeles Daily News
Los Angeles City Council votes to regulate e-cigarettes as strictly as tobacco
By Rick Orlov, Los Angeles Daily News
Posted: 03/04/14, 6:21 AM PST I Updated: on 03/04/2014
Fighting back an effort to allow the use of e-cigarettes in bars, the Los Angeles City Council on Tuesday approved a
measure extending a strict tobacco ban to the electronic devices because of chemicals linked to the product.
Councilmen Mitch O'Farrell and Paul Koretz fought for the additional limits, arguing the effort was a continuation of
the fight started 25 years ago to ban tobacco products in markets, workplaces, restaurants, bars and other public
places.
"We all know these e-cigarettes are being marketed to kids as a way to get them to take up smoking," Koretz said.
"There is a huge issue with secondhand smoke and secondhand vapors. I believe the biggest impact of this will be
on the workers in bars and restaurants, who have no way to get away from the smoke."
The measure — which passed on a vote of 14-0, with Gil Cedillo absent — now goes to Mayor Eric Garcetti, who
supports the proposal, aides said. It will take effect 30 days after he signs the law.
Councilman Joe Buscaino had tried to have bars eliminated from the ordinance,
"Without conclusive evidence that secondhand vapors present a health risk, we shouldn't be in such a hurry (to
regulate) where and how adults can use a legal product," Buscaino said. "I believe this ordinance goes too for in
restricting individual liberties. We should allow bar and restaurant owners to decide whether or not to allow this in
their establishment."
The ordinance does exempt vapor lounges, similar to one the tobacco ordinance makes for smoke shops.
Councilman Paul Krekorian, who said he has never smoked a cigarette in his life, spoke in support of Buscaino's
proposal, saying the City Council did not have the expertise to enact such a measure.
"I don't want to see a situation where every issue for toxic exposure and workplace safety comes before us,"
Krekorian said. "There are other agencies — Cal/OSHA, the FDA — that are suited for that. There is a well-
developed body of evidence of the dangers of smoking, and I support that."
Jeff Stier, a senior fellow at the National Center for Public Policy Research, also urged an exemption for bars. "The
city should take precautions that these regulations are narrowly applied for a public-health goal that may do more
harm than good," he said. "Now, when people go to a bar, they have to go outside to smoke. If you ban e-cigarettes,
those people will have to go outside with the smokers.
"Many of the people using e-cigarettes are former smokers — and what will happen is they are going to go back to
smoking tobacco products. This just doesn't make sense."
Dr. Jonathan Fielding, health director for Los Angeles County, disagreed and urged adoption of the complete ban.
"In the past couple of years, we have seen a tremendous increase in the number of adults and young people using
e-cigarettes," he said. "Now, it is a $1.5 billion-a-year industry, and because they are unregulated, the tobacco
industry is glamorizing their use with celebrity spokespeople. That enhances the use of these cigarettes among the
most impressionable.
"It threatens to undermine decades of work by renormalizing tobacco."
Several other speakers from the American Lung Association, the American Cancer Society and other health
organizations also testified in favor of extending the ban.
4,0
oAnjdc
Zitmett)
4,d
www.latimes.com
By David Zahniser
March 4, 2014, 1:07 p.m.
The Los Angeles City Council on Tuesday approved sweeping new regulations that would treat e-cigarettes like
conventional cigarettes, after one of the most personal debates to be heard on the council floor in years.
On a 14-0 vote, lawmakers outlawed "vaping" --the practice of inhaling the vapors produced by e-cigarettes-- in most
work sites and many public places, including parks and certain beaches.
Lawmakers voted to continue allowing e-cigarette use in so-called vaping lounges, where patrons can try the various e-
juices that are loaded into the battery-powered devices. And they narrowly defeated a push by the e-cigarette industry
to let the practice continue in 21-and-over establishments, such as bars and nightclubs.
The debate saw lawmakers share their own experiences with tobacco and the hazards that come with it. Councilman
Mitch O'Farrell,who pushed for the new restrictions, spoke of his unhappiness at breathing secondhand smoke during
his days as a waiter in the early 1990s.
Councilman Joe Buscaino spoke of a relative's decision to turn to e-cigarettes after years of smoking. And Council
President Herb Wesson, in the most passionate speech of the day, described his decades-long addiction to cigarettes, a
habit he told his colleagues would almost certainly kill him one day.
Wesson said he began smoking because he wanted to be cool.
"When you're 15, you want to be cool," he said. "And I will not support anything--anything--that might attract one
new smoker."
The debate brought to light the strong views on each side of the e-cigarette debate. Backers of the battery-powered
devices portray them as a godsend for those looking to quit conventional smoking. They also warned the research has
not yet proven that second-hand emissions from e-cigarettes are harmful to others.
Buscaino introduced an amendment to allow bars and nightclubs to be removed from the new regulations. But his
measure received only six votes--two shy of the amount needed for passage.
E-cigarettes "are not tobacco," he said. "And I don't think they should be regulated exactly the same way."
Foes of e-cigarettes said they threaten to make smoking socially acceptable after years of public opinion campaigns to
discourage the habit.Young people who get hooked on the nicotine in e-cigarettes may then turn to tobacco use, said
Jonathan Fielding, director of the Los Angeles County Department of Public Health.
"We don't want to risk e-cigarettes undermining a half-century of successful tobacco control," he said.
http://www.latimes.com/local/lanow/la-me-In-los-angeles-ecigarettes-ban-20140304,0,4359853.story#ixzz2z9oc7goN
Cali CaliforniaCitvNewsmra
March 6, 2014 blog
Los Angeles City Council Passes Massive Restrictions on E-Cigarettes
Fearing a variety of health and social consequences, the Los Angeles City Council voted
unanimously Tuesday to impose a sweeping set of restrictions on e-cigarettes. If Mayor Eric
Garcetti signs the measure, as expected, smokeless "vaping" devices will be banned anywhere
traditional cigarettes are prohibited, including parks, beaches, and restaurants. An amendment
excluding bars and nightclubs from the new rules was also defeated.
City Council members expressed dual concerns surrounding the increasingly popular devices
Tuesday. In addition to the potential health effects of secondhand exposure to e-cigarettes (a
large unknown), members expressed fears that e-cigarettes could be a "gateway" to other forms
of tobacco use.
"When you're 15, you want to be cool," said Council Member Joe Buscaino. "And I will not
support anything -- anything -- that might attract one new smoker."
Opponents of the new restrictions, however, say the devices are actually helping people quit
conventional smoking. As a result, some have called the rules a shortsighted disservice to
public health.
Unlike other major cities which have passed similar bans, e-cigarette use will still be permitted in
vaping lounges and e-cigarette stores, as well as for filming purposes—a small consolation for
the $80 billion-per-year industry.
"Although we believe the final decision was made in the absence of credible science, it was a
more reasonable and sensible approach than the original proposal," said e-cigarette maker,
NJOY, in a written statement.
E-cigarettes are not currently regulated by the U.S. Food and Drug Administration but are
expected to be soon.
Ape
U�~a CITY OF ARCADIA
PLANNING SERVICES
POLICY NO 49
SUBJECT: E-Cigarettes, Cigar & Tobacco Shops, Hookah &Vape Shops
EFFECTIVE DATE: November 22, 2013
BACKGROUND: Sales of electronic & synthetic cigarettes, cigar & tobacco shops,
and smoking-related paraphernalia shops (e.g., hookahs) have
been allowed by-right as retail uses, and sampling of the
merchandise has been allowed pursuant to City practice, so long
as the store complies with State smoking laws. There are
exemptions from the State's, "No Smoking" regulations for these
types of stores. However, there have been sporadic complaints
from other stores near such stores, that the smoke is not being
fully contained and is a nuisance to customers and employees.
In addition, the introduction of electronic and synthetic cigarettes
has given rise to numerous inquiries that indicate a market for
smoking lounges. Only cocktail lounges are expressly addressed
by the Arcadia Municipal Code (i.e., allowed by CUP) and
therefore, smoking or hookah lounges are not allowed, and this
preclusion extends to vape shops. However, based on the
inquiries that are being received by the City regarding the sales
and use of electronic or synthetic cigarettes, it appears that there
may be a desire is to establish lounges for the use of these new
products. Such expansive use of tobacco and/or smoking
devices at smoking and tobacco-related stores will only increase
the impact of any detrimental effect or nuisance upon adjacent
uses. Therefore, the following policy is established.
POLICY: To be sure that a retail store selling cigars, cigarettes,
tobacco, electronic or synthetic cigarettes, hookahs, pipes
or other smoking paraphernalia, or any other smoking
product, does not become a nuisance or de facto smoking
lounge, the on-site use and/or consumption of such
products is prohibited, except for the brief sampling of a
small amount of a product while standing adjacent to a
sales counter for the purposes of possible purchase and
sale thereof.
APPROVED BY: Jim Kasama, Community Development Administrator
AR
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Name or description of project: Text Amendment No. TA 14-01
2. Project Location — Identify street Citywide
address and cross streets or
attach a map showing project
site (preferably a USGS 15' or 7
1/2' topographical map identified
by quadrangle name):
3. Entity or person undertaking A.
project: B. Other
(Private)
(1) Name ! Ms. Ngoc Hien Thi Le
(2) Address 12375 Felipe Street,
El Monte, CA 91733
4. Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project
in accordance with the Lead Agency's "Local Guidelines for Implementing the California
Environmental Quality Act (CEQA)" has concluded that this project does not require further
environmental assessment because:
a. ❑ The proposed action does not constitute a project under CEQA.
b. ❑ The project is a Ministerial Project.
c. ❑ The project is an Emergency Project.
d. ❑ The project constitutes a feasibility or planning study.
e. ❑ The project is categorically exempt.
Applicable Exemption Class:
f. ❑ The project is statutorily exempt.
Applicable Exemption:
g. ® The project is otherwise Section 15061(b)(3) of the CEQA Guidelines.
exempt on the following
basis:
h. ❑ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Amor
Date: March 27, 2014 Staff: Thomas Li, Associate Planner
Preliminary Exemption Assessment FORM"A"
Text Amendment No. TA 14-01 — Exhibit "A"
Electronic Smoking Device/Cigarette/Smoking/Smoking Lounges
Proposed new language is italicized and underlined, and proposed deletions are shown
with ctrikethroughc
ARTICLE IV
4290. SMOKING PROHIBITED.
It shall be unlawful for any person to hold, carry, possess, smoke, vape, burn, inhale,
and/or exhale any kind of lighted or actuated pipe, cigar, cigarette, hookah, joint, or any
other lighted smoking equipment, including the use of any electronic cigarette, or other
similar devices light, ignite or otherwise set fire to, or smoke, carry, throw or deposit any
within:
1. Those portions of any building, structure or other enclosed facility open to the
general public for the primary purpose of exhibiting any motion picture, stage
production, musical recital or similar performance exclusive of sports events,
other than in an area which serves as a lobby;
2. Any room, chamber, place of meeting or public assembly wherein public
business is being conducted and which is open to members of the general
public either as participants or as spectators, except that the prohibition
contained in this subparagraph shall not apply within a contiguous area
containing fifty percent (50%) or less of the room, chamber, or place of meeting
or public assembly, if the entity having management and control of the premises
has designated and identified such area as a Smoking Permitted Area by
appropriate signs, provided that no division of that area of such room, chamber,
place of meeting or public assembly set aside for use by the general public shall
be made on a front area versus rear area basis.
3. Any elevator - - - e - -- e •- - --- •• -- - .e" e- - - - .
4. Any outdoor dining area available for use b he •ublic and within 20 feet of an
such outdoor dining area and/or any business entrance.
5. Any place where smoking is prohibited by any County, State or Federal law.
4290.1. TOBACCO AND SIMILAR PRODUCTS AT CITY PARKS, RECREATION
AREAS AND ENTERTAINMENT EVENTS PROHIBITED.
A. It shall be unlawful for any person to use any form of tobacco products, at any
time, in or upon any City park property or recreation area. Prohibited products
include any product containing tobacco or nicotine, including, but not limited to,
cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove
cigarettes, betel, and nicotine delivery devices such as electronic cigarettes.
Exceptions shall be made for the use or possession of prescription nicotine
products.
Text Amendment No. TA 14-01 — Exhibit "A" — Smoking
Page 1 of 2
B. Tobacco or similar products are prohibited during the performance or conduct of
any City conducted or sponsored events at the parks and recreation areas,
including but not limited to concerts, sports, entertainment, plays, ceremonies,
carnivals, fairs, or training in any such location. Notwithstanding the foregoing,
the Director of Recreation and Community Services is authorized to designate
restricted areas within which the products containing tobacco or nicotine
described in subsection A may be used at such a City conducted or sponsored
event.
C. During the period that the Arcadia Par 3 Golf Course is owned by the City of
Arcadia, it shall be exempt from the prohibition against the use of products
containing tobacco or nicotine.
ARTICLE IX
DEFINITIONS
ELECTRONIC SMOKING DEVICE OR ELECTRONIC CIGARETTE
"Electronic smoking device" or "Electronic cigarette" means any electronically actuated
device which in operation enables the user to inhale or exhale any smoke, vapor, or
other substance other than those produced by unenhanced human exhalation.
"Electronic smoking device" or "Electronic cigarette" 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, or under any other
product name or descriptor.
SMOKE OR SMOKING
"Smoke" or "smoking" means the holding, carrying, possessing, smoking, vaping,
burning, inhaling and/or exhaling of any kind of lighted or actuated pipe, cigar, cigarette,
hookah, joint, or any other lighted smoking equipment, including the use of any
electronic smoking device, or other similar devices.
SMOKING LOUNGES
A smoking lounge is an establishment or location that provides and/or sells smoking
products with any seating, and/or where onsite smoking is the primary activity,
regardless of whether the smoking products are provided by the establishment or are
brought to the location by the patron.
USES SUBJECT TO A CONDITIONAL USE PERMIT
Smoking Lounges in the following zones: Commercial Planned Development-1 (CPD-1),
Limited Commercial (C-1), General Commercial (C-2), Central Business District (CBD),
Commercial-Manufacturing (C-M), Downtown Mixed Use (DMU), and Mixed Use (MU).
OFF-STREET PARKING
Bars and Cocktail Lounges; Smoking Lounges 15 spaces per 1,000 sq. ft. of gross floor area
Text Amendment No. TA 14-01 — Exhibit "A" —Smoking
Page 2 of 2
Page 1 of 6
Smoke Shops & E-Cigarettes Responses
Current regulation of Regulation of the sale Crafted regulations in
tobacco/smoke shops. of e-cigarettes or vape relation to the new
Permitted outright or trend of e-cigarettes or
permitted with vape
conditions or
entitlements.
Antioch Recently adoped'
moratorium on tobacco
and paraphernalia
retailers. In Antioch, ,
many of these shops
were really head shops
with little tobacco sales
Artesia Treats as retail Treats as retail business --
businesses
•ell Allowed, no specific Nothing in th+i
regulations in the city municipal code that
ordinance (in heavy addresses e-cigarettes
Bellflower Permitted by right(any Permitted by right --
inclusion of lounges,
however, requires
conditional use permit)
Beverly Hills City has fresh air dining Proposing to e @r'«
ordinance in place and existing smoking f:
.• ;also a tobacco ' regulations to include e-
• •.rn cigst uir
Buellton City has banned these -- --
shops
T—:labasSIMPWrigra and cigar Treat e-cigarett A
tores are permitted in same as any 9 e;-
ost of city's • s_ •
commercial.zones, b
there are two zones
that require a CUP(b •
the city requires a CU ..
to• t-,,ti.
Carson Smoke shops are Currently treat e- Council has expressed
considered an cigarette retailers as concerns and city may
automatically permitted smoke shops be doing a moratorium
use soon
Page 2 of 6
Current regulation of Regulation of the sale Crafted regulations in
tobacco/smoke shops. of e-cigarettes or vape relation to the new
Permitted outright or trend of e-cigarettes or
permitted with vape
conditions or
entitlements.
Cerritos Does not approve
approve any Does not apprc, ifl'•,
such shops,no such shops,no; ;
conditional permitted conditional,'.,.,'''f•I'fli'','•;'
use in their use in their,
development code level.•aw a , „r t-
(according to planning ”
director, one e-cig shop.;.
came in as a warehouse
and they have 1 smoke,*
shop but most likely, i ,'
not be apprQ,.. ,
_:_..�cl rretitlY,,
Claremont Requires CUP for smoke E-cigarettes or vape are Intend to treat e-
shops not currently described cigarettes the same as
in the city's code smoke shops and
require a CUP
Davis 11111.111rio explicit regulations Retail sales of the items City has not yet
'for smoke shops. would be fine and are discussed any
Although city allows not prohibited,but regulations, but issue is
sale of tobacco,they smoking of them is just starting to come up
are restrictive about its prohibited under the
use No smoking in any city's smoking contra. ,m':
., commercial ordinance Te .1 ica ;
tablishments on It may , .,, .c+bi�• '
•atiios,or within 20'of a the or• 1747- -40-oz,
• •• r • . indow vapors,--v: ^r�v")•.• ,'
• r:4 -4- .;Tali7=1;ur4Wiir•;
Dixon -- Nothing has been done --
yet, but would like to
get a copy of results
Page 3 of 6
Current regulation of Regulation of the sale Crafted regulations in
tobacco/smoke shops. of e-cigarettes or vape relation to the new
Permitted outright or trend of e-cigarettes or
permitted with vape
conditions or
entitlements.
Emeryville Tobacco shops never No regulation on a-ci S•
permitted by right, but or vap:
are conditionally
permitted in mixed use
zones. Classified as"Use
of Special Concern",
which means that use
permit must be
approved by Planning
Commission.Another
chapter in Municipal
Code specific to
smoking that has
n:.
restrictions on locations
of Tobacco Shops.They
are prohibited from
being located within
1000 ft of public/private
schools and parks,
greenways,and
p
Glendora Tobacco/smoke shops Vape retailers are --
are permitted by right permitted by right
Elvax4,
vJV� i.i v
bfali�eYc' gNYJ`�: 4{-�rcf� � a rtYr "r.!(!�:X�.SgAC.I' ql °z<Cr•�pdErFYoleY; ��cY:7-w:Y1nYr-
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A Ilki;."al� �Ye�'=`7a •�tl i.c41', :Y- z- rvi n'A r�;� rr,i�l rnY,l MCro Br
:to rel :1,W: rinl=tiw'a tt_r.:1110;1010 eY'.'r-;16c9 (_. rtaI�r.f��c' oY"Op'pYi;:�
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iY7tY te,if Yo ,,T.ae1v6:1091, x,111
do ,�1 a�6rinr
:YN)rd ZN4i1.•'
Hawaiian Gardens Only require smoke No ordinance passed --
shops to have for e-cigs (only require
retail/state licensing business license)
Page 4 of 6
Current regulation of Regulation of the sale Crafted regulations in
tobacco/smoke shops. of e-cigarettes or vape relation to the new
Permitted outright or trend of e-cigarettes or
permitted with vape
conditions or
entitlements.
0 '
Dee passe.' Treat e-c g sthe s s
rnoking ordinance and way they would,
r, now NO new smoke regular t. .:
shops are to collie in,,
smoke shop per 1000 1
population and they
to
ahead cd t
La Habra Heights Only has 2 properties City does not have the --
that have zoning to allow e-
commercial/general cigarettes
zone,the rest is rural
residential.The city
doesn't have the zoning
to allow smoke shops of
any kind.
10.11'=r rr •
1;;111. { k• 4iru1':t:
u-'4.110110::1' 110 4014-1,:
Lakewood Permitted as retail use No regulation yet, but --
by right concerned with
"waiting areas" in vape
shops which could
Long Beach
Listed under genGf
retail(as long as n0 Sfi;
Montclair Smoke shops allowed in Regulated the same --
the C2 and C3 zones way as smoke shops
with a CUP,and are
required to be at least
1000'from any public
or private school and at
least 1000'from each
other
Page 5 of 6
Current regulation of Regulation of the sale Crafted regulations in
tobacco/smoke shops. of e-cigarettes or vape relation to the new
Permitted outright or trend of e-cigarettes or
permitted with vape
conditions or
entitlements.
:aramou t Not listed as permitted " E-cigs are treated the --
se/not allowed same as any other
to a, AA 4 4 4
San Rafael Smoke shops are Recently allowed e-cig When second e-cig
regulated but is specific store that sold 100% store came in, city
to tobacco sales. non tobacco e-cigs as a decided they needed to
permitted retail use. request zoning
determination, and
describe their use,to
confirm they had no
tobacco sales-as the
use is basically a smoke
shop without tobacco
or tobacco
paraphernalia
Santa Fe Springs Allowed in Cl G ci -a tot allowed
neigiiburhuud ate'
Santa Rosa Requires a minor CUP Determined that --
for new smoke shops; tobacco/smoke shop
the use is conditionally definition includes e-cig
allowed in most use,so e-cigs are
commercial zoning regulated the same way
districts as other tobacco/smoke
shops
Seal Beach Adopted a moratorium Worki • • •
for the operation and r- "
establishment of any, t ,`0i :nK-tier.1x4.�::
new smoke shops
• • •e re,'.)rr ails .3 ,:rY.,:�•dgll x�;.
Sierra Madre Allowed under Considering requiring --
commercial zone CUP
ordinance
Page 6 of 6
Current regulation of Regulation of the sale Crafted regulations in
tobacco/smoke shops. of e-cigarettes or vape relation to the new
Permitted outright or trend of e-cigarettes or
permitted with vape
conditions or
entitlements.
emple City . Citc ount I „. r
adopted an ordinance
to amend Temple City
Municipal code to
establish regulations
and CUP requirement
for tobacco shops,e-
cig/vape shops and
:... 4>closely related
Whittier Permitted by right, Same as smoke shops
allowed in C2 general
commercial zone. No
specific regulations on
smoke shops.
E-cigarette vapor not annoying to most Americans, national study finds Page 1 of 2
E-cigarette vapor not annoying to most Americans,
national study finds
By Zen Vuong, Pasadena Star-News
Wednesday, March 26, 2014 PasadenaStarNews.com
The Pasadena Star-News (http://www.pasadenastarnews.com)
E-cigarette vapor not annoying to most Americans, national study finds
Scientists need more time to conduct studies, expert says
PASADENA >> More cities have begun to regulate
electronic cigarettes in the same manner as traditional
1 cigarettes even though a recent national survey found
`* that 63 percent of Americans said they don't mind being
� 0 ' near e-cig vapor.
'l''" `
' tip`" `. ' i -
Mistic a products or roducts retail channel with about 40,000
p
;,:� stores, hired Harris Interactive, a market research firm,
to survey 1,011 Americans ages 18 and over.
"The fact is e-cigarettes don't possess any of the negative attributes commonly associated
with traditional tobacco," said John Wiesehan Jr., CEO of Mistic, in a statement. "There is no
smoke, only vapor, and they don't smell, they don't invade clothes or leave ash or stubs."
In a unanimous decision earlier this month, the Los Angeles City Council voted to ban the
use of e-cigarettes — a battery-operated device that turns liquid into vapor—from
restaurants, bars, nightclubs and other public spaces such as beaches and parks. In
February the Manhattan Beach City Council unanimously voted to develop a smoking and
vaping ban that covers all outdoor public areas as well as outdoor dining at private
businesses. And in October, Alhambra said people who vape could face fines if they use
them in city-owned or -operated public buildings and parks.
As cities begin to place stringent rules on e-cigs, public opinion on the trend leans on the
positive, according to Harris Interactive. A national survey found that 58 percent of
respondents approved allowing e-cigs to be used at sporting events; 47 percent said it was
OK to vape in malls and 45 percent said vaping at restaurants and bars should be allowed.
Many e-cig proponents say the popular product helps people because it's a smoking
cessation tool that is, they say, 99 percent less hazardous than smoking.
http://www.pasadenastarnews.com/health/20140326/e-cigarette-vapor-not-annoying-to-mo... 4/22/2014
E-cigarette vapor not annoying to most Americans, national study finds Page 2 of 2
Julie Woessner, spokeswoman for the nonprofit Consumer Advocates for Smoke-free
Alternatives Association, said she smoked for 30 years and unsuccessfully tried to quit
nearly a dozen times before she found e-cigs.
"It's really unfortunate that all these cities are rushing to regulate what can only be called a
public health miracle," said Woessner, from Indiana. "Especially for the relatively new vapors
or the people who are transitioning (from smoking to vaping), it's just not a good idea to
force them to use their devices only where smokers are."
About 2.5 million people use e-cigs in the U.S., and the vaporizer market was valued at $1.7
billion in 2013, according to Mistic.
Dr. Jonathan Samet, director of the USC Institute for Global Health, is on the U.S. Food and
Drug Administration's Tobacco Products Scientific Advisory Committee. He said the juices
used in e-cigs are not regulated in any way. So some have levels of tobacco smoke
carcinogens and other contaminants.
"Allowing these devices to be used anywhere — in part with some of the advertising that
goes on — would, in a sense, normalize nicotine addiction and perhaps even smoking,"
Samet said. "One of the ways we've made so much progress is that it's not acceptable to
smoke in public places."
Samet said there are very few studies about the dangers of e-cigs. In the last two years, he
said, e-cigs have become omnipresent. The scientific community is trying to catch up, he
said.
"There have been two reasons to handle e-cigs the same as combustible products," Samet
said. "People would be exposed to the nicotine in the air, so the vapor could settle on
people. It could contaminate the air that they breathe. It could contaminate a chair, and they
could touch it and nicotine can go through the skin."
Unlike nicotine patches or gum, Samet said e-cigs can't be marketed to promote cessation
because the FDA has not approved that therapeutic claim.
Woessner, however, said she went from smoking nearly three packs a day to not smoking at
all after three days of vaping.
"My health improved markedly," she said. "I had a horrible smoker's cough. I couldn't take
deep breaths without coughing or pain. It was also difficult for the family. I would be with my
family and then I would have to absent myself."
URL: http://www.pasadenastarnews.com/health/20140326/e-cigarette-vapor-not-
annoying-to-most-americans-national-study-finds
©2014 The Pasadena Star-News (http://www.pasadenastarnews.com)
http://www.pasadenastarnews.com/health/201403 26/e-cigarette-vapor-not-annoying-to-mo... 4/22/2014
William Baerg
From: Tom Li
Sent: Tuesday, April 22, 2014 8:20 AM
To: 'William Baerg'
Cc: Anthony Parrille; edward.beranek @gmail.com; Sam Falzone; Jim Kasama; Lisa Flores; Ching
K. Chiao, Esq.; Billie Tone
Subject: RE: 4-22-14 Planning Commission Meeting
Hi Bill,
We are not aware of any definitive information as to the health hazards of e-cigs/vaping, and that is one of the main
issues with e-cigs. Nobody knows for sure that they are harmful,or any more or less than regular cigarettes; whether
the emitted vapor is any more or less harmful than regular second hand smoke. The FDA indicated that they have not
received any such studies to consider the approval of these products. Thanks and please let me know if I could be of
further assistance.
Tom
From: William Baerg [mailto:baerg(1mmlawyers.com]
Sent: Friday, April 18, 2014 12:07 PM
To: Tom Li
Cc: Anthony Parrille; edward.beranek(agmail.com; Sam Falzone; Jim Kasama; Lisa Flores; Ching K. Chiao, Esq.; Billie
Tone
Subject: RE: 4-22-14 Planning Commission Meeting
Hi Thomas:
Regarding the proposed text amendments for the 4-22 meeting, are there any published peer review studies on the
health effects of electronic cigarettes on users vs. non-users, and particularly what one might call "second-hand vapor"?
I would like to have more information on this topic included in the staff report if that is possible. Thank you,
WILLIAM R. BAERG
MONTELEONE&MCCRORY, LLP
725 S. FIGUEROA ST., SUITE 3200
Los ANGELES, CA 90017
(21 3) 612-9900
NOTICE: The information contained in this message is legally privileged and confidential and intended only for the use of the
individual or entity to whom it is addressed. If the reader of this message is not the intended recipient,you are hereby notified that
any dissemination,distribution or copy of this message is strictly prohibited. If you have received this message in error,please
immediately notify us by telephone at(213)612-9900 and delete the message from your file retention system. Thank you.
1
Jim Kasama
From: Guillermo Shuton<gshuton9 @gmail.com>
Sent: Monday,April 28,2014 2:18 PM
To: Jim Kasama
Cc: Jason Kruckeberg; Pat Auriemmo; Robusto Cigars
Subject: in regards to the ban on seating in tobacco stores
Dear City of Arcadia,
I have learned recently of your proposed ban on seating in retail stores. I have
been a patron of Robusto Cigars for over a year now, and am concerned about
the proposal. I enjoy the products they offer, as well as the camaraderie and
friendships i have made there. I would be saddened were it to close due to
politics.
Let me state that i have never heard or seen complaints from any of the shops
nearby. Also, Sam, the owner of Robusto Cicars is an honest and law abiding
citizen, passionate about his craft, and does not cater to minors.
I ask you to strongly reconsider.
I request this email to be a letter of record
Sincerely,
Guillermo Shuton
From: James Hamamoto (jashpe(a�gmail.com)
Sent: Mon. 4/28/2014 3:34 PM
To: Jim Kasama, Community Development Administrator; Jason Kruckeberg,
Development Services Director; Pat Auriemmo, Senior Administrative Assistant
Cc: Sam Ekshian, Owner, Robusto Cigars shop
I'm writing in support of Robusto Cigar shop and asking you to vote against the ban for
the upcoming city ordnance meeting.
My colleagues and I are regular customers of Robusto Cigar shop and know that
premium cigars are enjoyed by adults, are not addictive and therefore do not conform to
the Congressional intent of the family smoking prevention and tobacco control act.
There are three basic aspects of cigar smoking that are dramatically different from the
characteristics of cigarette smoking:
First of all, cigar smokers do not inhale. Second, there are no chemical additives in
cigars and third, most cigar smokers only smoke at the cigar shop for relaxation and to
meet up with friends and colleagues.
We stand up for our premium cigar smoking rights and defend the small mom & pop
premium cigar retailers as these regulations will jeopardize jobs, revenue for State and
local cities.
With local cities having more pressing issues, harming our ability to enjoy a premium
cigar should not be a priority of any local government.
In view of the foregoing, we asked that you reconsider your tobacco shop ban in order
for those that simply want to enjoy a premium cigar without government regulation and
interference.
James Hamamoto, PE
The contents of this email message and any attachments maybe confidential in nature and is intended for the addressee(s)only. If you are
not the intended recipient,please delete and/or contact the sender.
Jim Kasama
From: Aaron Perez<mraaronperez @gmail.com>
Sent: Monday,April 28,2014 9:35 PM
To: Jim Kasama
Cc: Jason Kruckeberg;Pat Auriemmo
Subject: Appreciating Tradition at Robusto Cigars
Hi Jim,
My name is Aaron Perez, a resident of Temple City, via Arcadia, and a frequent customer of Robusto Cigars.
It was saddening to hear that Robusto Cigars may be closing due to a proposed retroactive change in the
municipal code banning tobacco stores that offer seating.
In the short time Robusto Cigars has been open I have met fellow cigar connoisseurs from not only the Los
Angeles area but places like Virginia,New York, Washington, Michigan, Kentucky, and other states - several
countries as well. All of these connoisseurs were staying in Arcadia for The Rose Bowl, Rose Parade, Santa
Anita Park, or business. Also,many of them are regular visitors to the city.
The response from these frequent visitors, and locals, to Arcadia has been excitement that there is a place to
relax, have good intelligent conversations, and smoke a fine cigar. A universal comment that I have heard is
"Arcadia needed a place like this!".
Jim, please keep Robusto Cigars open; it adds tremendous depth, richness, and value to the community of
Arcadia!
Best,
Aaron Perez
Concerned Cigar Connoisseur
Jim Kasama
From: Brien Piper<brien@ridgecrestresources.com>
Sent: Tuesday,April 29,2014 8:28 AM
To: Jim Kasama; Pat Auriemmo
Cc: sam @robusto.com
Mr. Kasama: Please be advised that there are several cigar smokers who travel over fifty mile to come to
Arcadia to meet and discuss business at Robusto Cigar Lounge. Not only do we eat and shop in your area,but
often times have large celebratory parties of twenty to forty patrons. Normal we meet at Robustos' and the go
to a local restaurant; returning for an after dinner for a cigar and open forum discussion.
The reason I exemplified the above is to put you on notice that cigar smokers contribute to the economy of your
city in many ways. It is unfair to lump all tobacco into one category.
Cigars are made of pure tobacco and are not inhaled. The people smoking them are normally in a position to
enhance your local economy and usually are made up of civil minded people who enjoy the company of others
to discuss current events.
The cigar lounge offers a HAVEN where such groups can do so, and any delineation from this forum only
reduces freedom of speech and personal choices.
I believe it is about time that our leaders stand up and fight for the Personal Choices' guaranteed in "The Bill of
Rights" which this country was founded on and stop Kowtowing to every whim or latest band wagon that seem
to be the flavor of the week.
At great place to start on the grass roots level is with a simple assurance that places like Robusto Cigars receive
the same level of acceptance and consideration that every other business in the town enjoys.
It would be unfair to penalize Robusto Cigar lounge for supply a need for adults who choose to use his
establishment because other don't like the thought of someone else enjoying the choice and direction in life that
differs from what the perceive as a proper way of life.
If you have any questions regarding the above statements and would like to discuss them then feel free to call or
contact me at he below email or address.
I thank you in advance for your consideration of all concerned.
Yours truly;
Brien Piper
Managing Partner
Ridgecrest Resources LLC
brien@ridgecrestresources.com
310-871-8522
Jim Kasama
From: Damon Thompson<damon4570 @gmail.com>
Sent: Wednesday,April 30,2014 9:17 PM
To: Jim Kasama
Cc: Pat Auriemmo;Jason Kruckeberg;sam @robusto.com
Subject: Robusto Cigars,26 N First Ave,Arcadia
Dear Sir,
I request this email to be a letter of record.
I have been informed of the proposed city ordinances which would negatively impact Robusto Cigar Shop.
I urge you to please reconsider these changes and consider the following;
Robusto Cigars does not cater to teenagers or drug users, sells no paraphernalia.
Robusto Cigars does not sell cigarettes.
Robusto Cigars does not attract unsavory clientele.
What Robusto Cigar does do is, cater to a discerning, mature, group of people. Men, women, politicians, doctors, police
officers, fire fighters, lawyers, business owners. Robusto Cigars boasts a very impressive client list.The owner Sam is a
decent and honest man who has created a wonderful, and much needed place for upstanding members of the
community to enjoy good company and a fine cigar.
As a Arcadian, born and raised, I feel an obligation to do my part in maintaining the beauty of our city.That is why I am
writing you Sir, Robusto Cigars makes Arcadia a better place. Please keep it that way.
Sincerely,
Damon Thompson
305 Parkrose Ave
Monrovia, CA 91016
Jim Kasama
From: Vatche Aposhian<vatcheaposhian©yahoo.com>
Sent: Friday,May 02,2014 10:21 AM
To: Jim Kasama
Cc: Jason Kruckeberg;Pat Auriemmo
Subject: Robusta Cigars
Dear Sirs,my name is Vatche Aposhian, and I am a fleet manager at the Mercedes Benz dealer down the street,
I was very happy when I heard Robusto Cigars has opened up.
Robusto Cigars is the best cigar store I have visited, I patronize this store, enjoy the products and service that
are offered here and would be saddened and upset to see them close their doors.
I have never encountered anyone complain about the smoke and that the smoke is well contained and ventilated
within the room. No smoke or smell escapes out to the sidewalk/street.
The owner Sam,he is one of the best and well liked person, everyone loves and respect him for his kindness
and professionalism. keeps the store always clean and neat, you will only meet professionals and business
owners there. It will really Sadden me to see Robusto Cigars and the Owner Sam leave this location where he
has worked very hard to keep it a perfect cigar shop.
I request this email to be a letter of record,
Best Regards,
Vatche Aposhian
Jim Kasama
From: Elia Fuentes<elia @lotusescrow.com>
Sent: Friday,May 02,2014 2:23 PM
To: Jim Kasama
Cc: Pat Auriemmo;sam @robusto.com
Subject: I request this email to be a letter of record."
To Whom it may concern:
I request that Robusto Cigars be exempt from your newly created/proposed ordinance.
Robusto Cigars is a great place for professional people to go and relax after a day at work. The
atmosphere is calm and cordial. The ventilation is excellent, as a female customer, I feel extremely
relaxed and comfortable at this location.
As an Arcadia Resident and Female Arcadia Business Owner....
"I would feel deeply upset that the city would force a fellow long time Arcadia resident to shut the doors to his small
business."
Thank you,
Elia Fuentes I Lotus Escrow I Certified Senior Escrow Officer/Manager/CEO
LOTUS
Ah
ESCROW
55 E. Huntington Drive, Suite 120, Arcadia, CA 91006
EliaLotusEscrow.com I Tel: 626-262-4333 x102 I Fax: 626-415-4429
Think Green. Please only print this email when necessary.
www.LotusEscrow.com
CONFIDENTIALITY NOTE: The information transmitted, including attachments, is intended only for the person(s)or entity to
which it is addressed and may contain confidential and/or privileged material. Any review,retransmission,dissemination or other use
of,or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you
received this in error, please contact the sender and destroy any copies of this information.
Thank you for allowing Lotus Escrow to be your escrow team, your continued business is our biggest
compliment.
Jim Kasama
From: Sandip Thiaray<cigarnightbizmixerla @outlook.com>
Sent: Wednesday,May 07,2014 1:51 AM
To: Jim Kasama
Cc: sam @robusto.com;Pat Auriemmo;Jason Kruckeberg
Subject: Tobacco Shop Ordinance Proposal
Dear Mr. Kasama:
I request this email to be a letter of record.
I am writing to you as a small business owner that is in opposition of your
planned retroactive changes to the municipal code governing retail tobacco
stores which offer seating in the city of Arcadia. Based on my
understanding of the current proposal, I only foresee it as a detriment to
the small business community in the city of Arcadia, as well as surrounding
cities, along with causing negative economic impact to the related governing
bodies.
Tobacco retailers that offer seating provide a vital economic boost to their
communities, as well as to neighboring businesses. As a "destination
business", customers who patronize these stores increase their length of
stay dramatically. This subsequently leads to increased economic activity
of not only the tobacco store itself, but to other businesses that offer
dining or beverage services .
As tax revenue is collected from tobacco retail stores with seating,
exclusionary provisions of your proposal will cause a loss of this revenue
to the city. The retroactive provisions of this proposed change will cause
businesses to close as they may not have the resources available to meet the
new requirements . Additionally, the stigma of vacant business store fronts
with create a perception that Arcadia is not friendly to businesses or likes
to create exclusionary laws for businesses it feels require them.
I would request:
1) the economic impact study of this law change
2) the legal analysis of why this change in law is required now, and not
predatory or prejudicial to a specific business or person
3) the legal analysis of the city's authority to make this change
retroactive
4) the inclusion of this law change as a ballot measure on the next election
cycle
Best Regards,
Sandip Thiaray
Jim Kasama
From: Sam x Han<mrsamhan @gmail.com>
Sent: Wednesday,May 07,2014 11:44 PM
To: Jim Kasama
Cc: Jason Kruckeberg; Pat Auriemmo
.Subject: Tobacco shops that offer seating
Dear Mr. Kasama,
My name is Samuel Han and I am a patron of Robusto Cigars in the city of Arcadia. I would like to request this
email to be a letter of record and wanted you to know that I very much enjoy the products and service that are
offered at Robusto cigars. I would be very saddened and upset to see their doors closed.
Throughout my visits at Robusto Cigars, I have never encountered anyone complaining about the smoke. The
smoke is well contained and well ventilated within the room. I have never witnessed the smoke or smell escape
out to the sidewalk or to the street.
In case you are not aware, cigar shops are very different from stores that offer hookah, vape, glass pipes, or
cigarettes. Cigar patrons are also typically older, professional, and very well-mannered.
Please reconsider the possible ban of tobacco shops that offer seating.
Thank you,
Samuel Han
PP-