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File Number: 14-207 <br />Electronic Cigarette-Related Products. Any electronic device that can provide an inhalable <br />dose of nicotine by delivering a vaporized solution, as defined by California Health and Safety <br />Code Section 119405(b), or any electronic device designed to vaporize a liquid solution that <br />releases flavored vapor and the use or inhalation of such device simulates smoking. This <br />definition shall include any substance containing nicotine or a flavored liquid solution for <br />vaporization through an electronic cigarette, including any product or formulation of matter <br />containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, <br />or otherwise distributed with the expectation that the product or matter will be introduced into <br />the human body, but does not include any cessation product specifically approved by the <br />United States Food and Drug Administration for use in treating nicotine or tobacco <br />dependence. <br />Please see section below on Tobacconist /Cigarette Store for discussion of use regulations. <br />Entertainment Activities <br />In reviewing initial policy proposals with the Planning Commission and Board of Zoning <br />Adjustments at the January 2014 worksession, where staff presented a proposal to regulate <br />Entertainment operations in the Municipal Code instead of the current policy of regulating <br />Entertainment in the Zoning Code, it was made clear that further study and discussion are <br />required prior to proposing major changes to regulate entertainment activities. <br />In the interim, staff proposes a minor amendment to the Zoning Code’s existing definition of <br />entertainment, to focus on events rather than background activities, and to increase the <br />number of yearly events to six from three events allowed without requirement of a Conditional <br />Use Permit. This will create greater flexibility for establishments such as restaurants and bars <br />that wish to have music or large screen television viewing as a background amenity, for <br />example. The proposed revision to the definition is as follows: <br />Entertainment Events Activities. Regulations pertaining to Entertainment Events Activities, defined <br />as a use classification by this Code, apply to the following events activities where they occur on a <br />scheduled basis more than six (6) three (3) or more days during a calendar year on the site of any <br />permitted or conditionally permitted use, excluding events activities for the non-profit, charitable or <br />educational proposes of public or private institutional uses. Entertainment events are further <br />defined as events advertised as a stand-alone event with a set start or end time, or where <br />separate admission is charged. <br />A.A musical, theatrical, wrestling, dance recital, cabaret, or comedy act performed by one (1) or <br />more persons, regardless of whether performers are compensated; <br />B.Any form of dancing by patrons or guests at a business establishment not otherwise regulated as <br />either a “Dance Hall” or an “Instruction and Improvement Services” use classification; <br />B.C.A fashion show, except when conducted within an enclosed building used primarily for the <br />manufacture or sale of clothing; <br />D.Any form of recorded entertainment using amplified recorded music, such as karaoke systems; <br />C.E.Televised events. or with such features as “big screen” projection systems. <br />Page 8 City of San Leandro Printed on 5/27/2014