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Item 21 - Public Hearing - Zoning Ordinance Amendment No. 2026-01 Related to Smoke Shop Inspection Fees
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Item 21 - Public Hearing - Zoning Ordinance Amendment No. 2026-01 Related to Smoke Shop Inspection Fees
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2/25/2026 10:00:37 AM
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Doc Type
Agenda Packet
Agency
Planning & Building
Item #
21
Date
3/3/2026
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<br />Ordinance No. NS-#### <br />Page 14 of 17 <br /> <br /> <br />(2) The Director or designee may require the smoke shop operator and/or <br />applicant to submit additional information, of such type and in such form as <br />the Director may specify, as the Director may deem relevant to the <br />application, including, but not limited to, an operational statement, floor <br />plans, architectural renderings, and technical studies, as appropriate. <br /> <br />(3) The Director or designee may refer an application to other City departments <br />to determine whether the smoke shop's location will comply with building, <br />health, zoning, and fire ordinances or other applicable ordinances or laws. <br />City departments may conduct an inspection of the premises to determine <br />compliance with the ordinances and other laws they administer, and may <br />subsequently prepare reports summarizing their inspections. <br /> <br />(4) Additional security measures such as reduced hours of operation, security <br />guards, door monitors, and/or burglar alarm systems may be required if <br />nuisance or related problems are demonstrated to occur as a result of <br />business practices or operations. This will be determined on a case-by-case <br />basis upon review by the Santa Ana Police Department. <br /> <br />(5) Smoke shops shall be subject to routine unannounced inspections at least <br />annually, to ensure compliance with this section and any additional <br />conditions of the Conditional Use Permit. The smoke shop operator shall <br />reimburse the City for the cost of such inspection(s) pursuant to the City's <br />Miscellaneous Fee Schedule. If an annual inspection results in a finding that <br />a smoke shop operator is not in compliance with this section or the specific <br />conditions of the Conditional Use Permit, that finding may be used as a <br />basis for amending or revoking the Conditional Use Permit, pursuant to <br />Section 41-651 this Code. <br /> <br />a. If a smoke shop is determined to be out of compliance with its Conditions <br />of Approval, the person or entity acting as the smoke shop operator shall <br />be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of <br />this Code, as set by City Council resolution. The fine structure shall consist <br />of progressively higher fines for violations occurring within one year of a <br />prior violation. In addition, upon a fourth violation being upheld within a <br />three (3) year period of the first violation, the Conditional Use Permit for <br />the business may be subject to revocation. Fines shall be levied in <br />accordance with the Miscellaneous Fee Schedule. <br /> <br />Sec. 41-2412. - Existing Smoke Shops. <br /> <br />Smoke shops that are in existence upon the effective date of this article and that do not <br />have a conditional use permit to operate shall have six (6) months from the effective date <br />of this article to comply with the standards in Section 41 -2411 of this Article.
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