14-10738 Extend Moratorium on New Hookah Bars and Vapor BarsSummary published in The Salina Journal on June _L�[_, 2014.
Ordinance published on the City of Salina website from June / 1 e7S 12014
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
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bars and the expansion of the existing ones.
' s 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:
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(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:
Summary published in the Salina Journal on June _, 2014.
Ordinance published on the City of Salina website from June 12014
(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
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for use of property as hookah bar or vapor bar.
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Section 4. Summary of Ordinance for Publication. This ordinance shall be published
' by the following summary:
U 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.aov 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
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Publication Summary:
Ur A. Be tson, City Attorney
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