On page four of the Urgency ordinance 1631-U that the City Council passed unanimously this Monday, the following statement is made: “There is a current and immediate threat to the public health, safety, and welfare presented by the unregulated operation of smoke shops or retailers of electronic cigarettes or drug paraphernalia retailers. There is therefore an urgent necessity for the City to adopt a temporary moratorium on the establishment of smoke shops, electronic cigarette retailers, and drug paraphernalia retailers to take effect immediately.”
Up until last week, I was hardly aware of these e-cigarettes and their sale in the City of Seal Beach, or for that matter, in California. It seems strange to lump “smoke shops, retailers of electronic cigarettes and drug paraphernalia” all in the same ordinance. Last time I checked because you are a smoke shop or retailer doesn’t mean you sell drug paraphernalia.
This ordinance will not only have a direct impact on one business trying to open in the Seal Beach Center; it will force by default code enforcement action on at least the nine documented businesses which currently sell such products. eVolution, the business which currently has a signed lease in the Seal Beach Center at 1021 Pacific Coast Highway is not even open yet or done with interior reconstruction.
Is this the best use of our police, planning staff and code enforcement? It is troubling as a resident, business advocate and community activist to see a staff report and urgency ordinance take such strident action against an entire class of businesses, which have not even had complaints leveled against them. What “current and immediate threat” are we really talking about? Apparently, the need for research by staff is interchangeable with such threat. So for up to 45 days, this moratorium will exist. The most troubling part, the next hearing on the matter will be to determine if the council decides to extend it another ten months, or perhaps if rationality prevails, find a reasonable permitted use for this type of business.
Not a single member of the public spoke in favor of 1631-U, yet at least five residents and business owners actively and vociferously opposed it and supported the eVoltuion business. eVoltuion has shopped local, received a business license, had permits issued, revoked and the business license invalidated. Even they are unclear on the exact steps and processes, which are being done to deny them. “We want to work with staff in a positive collaborative way to open a high end store that the Seal Beach community deserves and demands,” said Victoria Tower, co-owner.
So what is our city to do? 7-11, Chevron and Mobil, all huge businesses are actively selling them. So are five other “mom and pop” businesses in our city limits. Are these ancillary uses to be shut down because we don’t have a defined use in the code? Apparently so. I wonder what the corporate offices of these businesses will have to say about it?
The punishment is severe; “Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period not to exceed 6 months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law.”
Incidentally, our city is the first in Orange County to establish such a draconian measure against a class of business. There were four news vans and representatives from CBS and Fox News present – in a nearly empty Council Chamber, other than those opposed to 1631-U and the media.
Laguna Beach was apparently able to resist the urge to have a knee jerk reaction to the e-cigarette technology. Earlier this month, their City Council rejected staff’s recommendation to ban the technology in a 4-0 vote. We were not so fortunate.
Some days, even for me, it is hard to be optimistic for business freedom in Seal Beach. For a city which presents itself as a conservative, small town focused on being business supportive and not restrictive, our staff and council certainly act in ways which do not match that tune. We reject bus routes and make our town less accessible, remove benches on the beach, ban vacation rentals for property owners and now demand moratoriums on potential, alleged threats.
While research may be needed, Seal Beach has overstepped itself, and there may be unintended consequences of Council’s action. The next hearing is Sept. 23 at 7 p.m. Put it on your calendar now, for your voice is needed on this issue regardless of what side you might be on.
Seth Eaker is the former president of the Seal Beach Chamber of Commerce and founder of Black Marble Consulting LLC.
