Long Beach, CA
File #: 09-1234    Version: 1 Name: DHHS - ORD Smoking Lounge Ordinance
Type: Ordinance Status: Received and Filed
File created: 11/2/2009 In control: City Council
On agenda: 11/17/2009 Final action: 11/17/2009
Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by repealing Chapter 5.81; by amending Subsection 8.68.060.B.; by repealing Sections 8.68.130 and 8.68.150; and by adding Chapters 8.69 and 8.70, all relating to smoking in public places, tobacco retail permit and smoking lounge permit, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
Sponsors: Health and Human Services
Attachments: 1. 111709-ORD-33sr&att.pdf, 2. 111709-ORD-33-Handout M Cotton.pdf, 3. 111709-ORD-33-Email Correspondence.pdf
Related files: 09-1184, 09-0339, 09-0286, 09-0077, 10-0711, 09-1275, 09-1296
TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by repealing Chapter 5.81; by amending Subsection 8.68.060.B.; by repealing Sections 8.68.130 and 8.68.150; and by adding Chapters 8.69 and 8.70, all relating to smoking in public places, tobacco retail permit and smoking lounge permit, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)

DISCUSSION
On March 17, 2009, the City Council requested that the City Manager and the City Attorney develop a regulatory process for reviewing, approving and enforcing related building and public health codes for smoking lounges as defined in the Long Beach Municipal Code 8.68 and return with proposed regulatory changes to the City Council. Additionally at that meeting, the Council requested that the City Manager provide recommendations to the Planning Commission to restrict smoking lounges to those tobacco related businesses currently operating in the City of Long Beach. The one-year moratorium applies to any application received by the Development Services Department, Business Licensing Division after March 17,2009.

As directed by the City Council, staff from the City Attorney's Office and the City Manager's Office, acting through the Department of Health and Human Services' (Health Department) Public Health Bureau Tobacco Education Program and Environmental Health Bureau, have collaborated to develop a smoking lounge regulatory process, as proposed in the attached ordinance. In addition, the Development Services Department was consulted regarding ventilation inspection procedures.

The proposed ordinance consists of the adding of Chapter 8.69 to the Long Beach Municipal Code to require smoking lounge permits to be administered and enforced by the City's Health Officer. The ordinance also includes the removal of administration and enforcement of the Tobacco Retail Enforcement Permit (TREP) ordinance from Title 5, the Business Section...

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