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HomeMy WebLinkAboutReportCouncil reviewed the Notice of Decision of the Planning Commission's denial at their meeting of June 5, 2014 and set the item for hearing on August 5, 2014 in order to discuss the item. There was also a question related to existing businesses in the City. There are currently two similar businesses operating, one is a kiosk in Plaza Bonita (Vape Kingz) and the other a commercial suite located at 3400 East 8th Street (Vape Republik). Both businesses were licensed as retail stores that sold e-cigarettes as an accessory use (less than the 40% maximum that triggers the "tobacco specialty shop" classification requiring a CUP). Staff has worked extensively with Vape Kingz to ensure compliance with the 40% requirement, and is currently working with the Code Conformance Department to ensure that Vape Republik attains/maintains compliance. At the August 5, 2014 hearing, Council asked staff to return with options for approval regarding retail and seating/waiting area options. Council discussed the possibility of approving the CUP for the sale of eLiquid only (no vaporizers, eCigarettes or other hardware) and voiced concerns over the seating configuration of the lounge/waiting area. To research potential directions, staff conducted a site visit to the Vapure store in Chula Vista. The store has a large waiting area in the front of the store, with a display and sales counter. On one side of the store is another counter where customers have their electronic vaporizer equipment serviced and/or modified (different configurations are available through modification). The waiting area has several couches and is intended for people to wait in comfort. Store personnel stated that they are often quite busy and, based on the personal one-on-one service model employed by Vapure, wait times can be some time. There are also televisions to entertain waiting customers. Vapure does not condone the use of vapor products in the waiting area and also gives customers the ability to test liquid products prior to purchase. The suite is a code -compliant space with fire sprinklers installed, so there is no fire danger above and beyond a standard retail space. The store has several display cases with e-cigarette/vapor products, as well as apparel. The rear of the store is for storage and staff use only. Photos are attached. Generally -speaking, the options for approval would be along the lines of: 1. Approving the CUP as proposed (sales of liquid, sales of hardware, lounge) with appurtenant uses (testing, casual vapor product use, etc.) 2. Approving the CUP for retail sales of liquid only (no hardware sales, testing or product use, with or without lounge area) Given the sales style of Vapure, it would be appropriate to keep some form of comfortable waiting area. However, Council may consider limiting the number of seats if deemed appropriate. If no use of vapor products or sale of hardware is ultimately permitted, fewer seats would potentially be needed. Depending on the ultimate direction from Council, staff will return with the appropriate resolution at a subsequent meeting.