HomeMy WebLinkAboutOrd 1142-2025-04 Amend Code Section 9.04.081(4)(F) CBD, Smoke & Cigar Shops, Cigar LoungesCITY OF ANNA, TEXAS
ORDINANCE NO. �nL�Z-20ZS-®Li
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S ZONING
ORDINANCE REGARDING DEFINITIONS OF USES INVOLVING CANNABIDIOL (CBD)
SHOPS, SMOKE AND CIGAR SHOPS, CIGAR LOUNGES AND OTHER SIMILAR
ESTABLISHMENTS; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW,
WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing zoning in the City, including the regulations set forth in the Anna City Code
of Ordinances Article 9.04; and
WHEREAS, the notices by publication and otherwise as applicable and required under state law
have been given for public hearings before the City of Anna Planning and Zoning Commission
and the City of Anna City Council ("City Council") and said public hearings have been held as
required by law affording a full and fair hearing to all property owners and generally to all persons
interested in and situated in the affected area and in the vicinity thereof; and
WHEREAS, the City Council has received a final report and recommendation from the City of
Anna Planning and Zoning Commission and has concluded that certain parts of the text of the
Zoning Ordinance of the City should be amended as set forth below in furtherance of promoting
public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Text Amendment
(a) The Anna City Code of Ordinances (the "Anna Code") is hereby amended by amending
the text of Article 9.04 of the Anna Code as shown below in this Section 2.
(b) Section 9.04.081(4)(F) of the Anna Code is hereby amended as follows:
City of Anna, Texas Ordinance No. � ,, r'n
(F) Cannabidiol (CBD) shop and smoking -related shops and uses include the
following:
(i)GR stere Q Fetail stere where GGRS rneFS GaR p irnhase GaRRabidiel
(GBD) oil Cannabidiol (CBD) shop. An establishment for which more
than fifty percent (50%) of sales are derived from the retail sale of
products related to or derived from CBD (cannabidiol) oil or hemp. This
includes but is not limited to, oils, vitamins, supplements, food, personal
care, and garments.
(ii) Cigar lounge. An establishment that may sell food or beverages for on -
site consumption allows smoking by customers, and is cigar-themed and
focused as evidenced by the following: (1) clearly states in its name and
marketing that it is a "cigar bar" or "cigar lounge," (2) derives at least
thirty-three (33) percent of its gross revenue from the on -site sale of
cigars and cigar products, (3) maintains an on -site walk-in humidor for
the intent of resale of cigar products: (4) posts outdoor signage notifying
the public that entry will result in exposure to secondhand tobacco
smoke and (5) provides an independent ventilation system and must be
separated from any adjoining nonsmoking areas by an impermeable wall
and ceiling, For the purposes of this subsection and subsection (iii),
below, "cigar(s)" means a roll of tobacco which is wrapped in leaf
tobacco or wrapped in a substance that contains tobacco, and which
does not include any separate filter as part of its design. For the
purposes of this subsection and subsection (iii), below, "cigar product(s)"
means products directly associated with cigars, and excludes all types of
cigarettes (tobacco or otherwise), cigarillos, electronic smoking devices,
vapes or vapinq liquids, pipes, hookahs (or other shared pipes), or any
smoking products which do not contain tobacco (e.g., those containing
cloves hemp or other tobacco analog/substitute). The term "cigar
products" also includes cigar -related accessory items such as cigar
cutters and humidor boxes commonly associated with the smoking of
cigars but excludes any item designed or marketed for the purpose of
repackaging the contents of any smoking product, including a tobacco
cigar, into another form or device for ignition, aerosolization, other means
of use (e.g., glass pipes which could be used to smoke tobacco removed
from a cigar). Items such as apparel, memorabilia or artwork do not
constitute cigar products.
(iii) Cigar shop. An establishment for which more than ninety percent (900/0)
of sales are derived from the retail sale of cigar products in which cigars
are sold stored and/or consumed, except that the term "cigar shop"
does not include a cigar lounge.
(iv) Smoke Shop. An establishment that sells tobacco, cigarettes, electronic
cigarettes vapinq products hookah products, nicotine -enriched products,
and/or associated paraphernalia, products and devices primarily for the
purpose of smoking or vapinq in various forms. These establishments
City of Anna, Texas Ordinance No. 111-1 Z.
sometimes provide an on -site contained area with a separate ventilation
system for the purpose of smoking within the associated structure.
Smoke shops do not include: (1) establishments engaged in the sale of
tobacco products and/or smoking equipment as an incidental part of a
variety of retail sales such as gas stations, convenience stores, or drug
stores; (2) cigar shops; or (3) cigar lounges.
(c) Section 9.04.081(4)(R) of the Anna Code is hereby amended as follows:
Intentionaht-deleted (reserved). HGekah leung,,@ ' ' An establishment that sells
(d) Table 19 of § 9.04.028 of the Anna Code is hereby amended to change all instances of
"CBD Store" to "Cannabidiol (CBD) Shop" and to delete the entire row of text that begins
with the words "Hookah Lounge".
(e) Table 19 of § 9.04.028 of the Anna Code is hereby further amended to add the following
text within new rows to be inserted within the "Commercial" part of said table in
alphabetical order as shown below (the amendment set forth in this subsection does not
delete or alter any of the existing rows, columns, text or other content of said Table 19):
Table r9: Use Tablc
DT
Use -Specific Parking
Land Use AG SF-ao.o SF-14-5 SF--- SF-ro.5 SF-S-4 SF-7-2 SF-6-0 MD MF C-r C-a MU CE NO 1-t 1-2 Standards Standards
Cannabidiol (CBD)
S
S
§9.04.032
2.5/1,000 sf
shop
(P)
Cigar Lounge
S
S
S
S
§9.04.032
4.0/1,000 sf
(P)
Cigar and Smoke
S
S
§9.04.032
2,511,000 sf
Shops
(P)
City of Anna, Texas Ordinance No. 1 14 Z 3
(f) Section 9.04.032 of the Anna Code is hereby amended by adding a new subsection (p)
as follows:
(p) Cannabidiol (CBD) shop, cigar lounge, cigar shop and smoke shops:
(1) A cannabidiol (CBD) shop cigar lounge, cigar shop or smoke shop use shall not be
located within one thousand (1,000) feet of any existing cannabidiol (CBD) shop,
cigar lounge, cigar shop or smoke shop.
(2) A cannabidiol (CBD) shop cigar lounge, cigar shop or smoke shop use shall not be
located within one thousand (2,000) feet of any religious land use or school.
(3) For the purposes of this subsection (p) the term "existing" as relates to a cannabidiol
(CBD) shop cigar lounge, cigar shop or a smoke shop means either that:
a special use permit has been approved for the cannabidiol (CBD) shop, cigar
lounge cigar lounge or smoke shop as applicable; or
(B) a cannabidiol (CBD) shop cigar lounge, cigar shop or smoke shop is lawfully in
operation without a special use permit.
Section 3. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable
and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance
shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality, invalidity or
inapplicability shall not affect any of the remaining words, sentences, paragraphs,
subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses,
phrases, or provisions. Further, all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective that are consistent and do not conflict with the
terms and provisions of this ordinance are hereby ratified to the extent of such consistency
and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of
this ordinance become effective that are inconsistent or in conflict with the terms and
provisions contained in this ordinance are hereby repealed only to the extent of any such
conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a Class C misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each
day a violation exists is considered a separate offense and will be punished separately.
City of Anna, Texas Ordinance No. 1 I H Z. 4
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of 2025.
ATTESTED:
APPROVED:
City of Anna, Texas Ordinance No. 114 Z
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THE ICU Y OF
S Anfna�0 Y.IMile
Smoke Shop, School, and
Church Locations with
1 000-Foot Buffers
5-- City of A— GIS
D—:4/1/2025
Legend
OSmoke Shops '- ) Smoke Shops Buffer Parcels
Schools �Il Schools Buffer City Limits
® churches 0 Churches Buffer ETJ