03 février 2009
New Tobacco business
Imperial Beach is tightening the rules for tobacco shops with an ordinance that prohibits any new business from selling tobacco paraphernalia, such as pipes, bongs, cigarette rolling papers and hookahs.
Existing businesses, however, may continue selling tobacco paraphernalia, which is legal. And the ordinance states that the sale of tobacco and online cigarettes lighters is OK. But no new shops may sell water pipes or any pipe made of metal, wood or glass.
The City Council approved the ordinance with a 4-0 vote at a meeting Wednesday. Councilman Jim King was absent. The ordinance will take effect 30 days after a second reading set for Feb. 4.
Other cities in San Diego County have passed similar ordinances, including El Cajon, which passed one last February.
That city limits how tobacco paraphernalia is displayed. For example, items in store displays may not be visible to passers-by.
State and federal laws already criminalize the sale of drug paraphernalia. However, tobacco shop merchants say their pipes are used for smoking tobacco.
City Attorney Jim Lough said the new ordinance is trying to close that loophole. He said while the city can't regulate tobacco, it can limit shops that sell tobacco paraphernalia.
In 2007, Imperial Beach implemented a moratorium on tobacco shops while it created a permanent ordinance. City officials decided to crack down after a new shop, Up in Smoke, opened in the tourist-oriented Seacoast Drive area.
The shop sold more paraphernalia than tobacco.
In May, Imperial Beach sued the shop owner, claiming he sold more than what he said he would on his business license application.
Lough said the city recently reached a settlement with the owner. The city agreed to drop the suit if the owner gave up his shop and agreed not to reopen in the city unless he complied with the new ordinance.