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HomeMy WebLinkAbout1982-10-05; City Council; 6066; CMC 5.18 adds - Drug paraphernalia stores & sales20 21 22 23 24 25 26 27 28 ORDINANCE NO. 6066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 5.18 AND AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.42.010(5)(BB) TO REGULATE ESTABLISHMENTS SELLING DRUG PARAPHERNALIA AND THE SELLING OF DRUG PARAPHERNAL I A. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 5 of the Carlsbad Municipal Code is amended by the addition of Chapter 5.18 to read as follows: "Chapter 5 . 18 DRUG PARAPHERNALIA STORES Sections 5.18.010 5.18.020 5.18.030 5.18.040 5.18.050 5.18.060 5.18.070 5.18.080 5.18.090 Purpose and intent. Definitions. License required. License application. License investigation and issuance. Records. Persons under 18 years of age prohibited. Penalty . Constitutionality. 5.18.010 Purpose and intent. It is the purpose and intent of this chapter to regulate the sale of drug paraphernalia. health, safety and welfare of the citizens of the City, particularly those under the age of 18 years. selling drug paraphernalia is designated as police regulated. Such regulation is necessary to protect the The business of 5.18.020 Definitions. For the purpose of this code the following words or phrases shall have the meaning ascribed to them in this section. (a) "Drug paraphernalia" means any of the following, when displayed, grouped, advertised or promoted for sale: (1) Any item, whether useful for nondrug-related purposes or not, which is displayed, grouped with other items, advertised or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California; 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 (2) Any item, whether useful or nondrug-related purposes or not, which is designed, decorated or adorned in a manner to reasonably suggest is usefulness in the growing, harvesting, processing, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California; of California as drug paraphernalia. or place where drug paraphernalia is displayed, grouped, advertised or promoted for the pupose of sale, either as a primary business or as an incident of some other business. "Drug paraphernalia store" as used in this chapter does not include an establishment or place specifically licensed or authorized by the state or federal government or any agency thereof to sell or offer for sale marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California, when drug paraphernalia is displayed, advertised or promoted for the purpose of sale to persons authorized by prescription or otherwise to legally possess such marijuana, hashish, cocaine or other such controlled substance with which the drug paraphernalia item is so used; nor does "drug paraphernalia store" include any establishment or place licensed by the state or federal government, or any agency thereof, to lawfully sell drug paraphernalia. (3) Any item defined by any statute of the state (b) "Drug paraphernalia store" means any establishment 5.18.030 License required. No person shall engage in conduct, carry on, or permit to be engaged in, conducted or carried on, in, upon, or within any premises within the city a drug paraphernalia store unless an annual license for the operation of such store has been issued by the chief of police and unless the license remains in effect in comformity with the provisions of this chaper. Any license issued pursuant to this chapter shall be valid for one year from the date of issuance, unless suspended or revoked. 5.18.040 License application. (a) Each application for a drug paraphernalia establishment license shall be submitted to the chief of police and shall contain the following information: (1) The location and mailing address of the proposed establishment; (2) The name and residence address and phone number of each applicant; (3) If the applicant is a corporation, the names and residence addresses and phone numbers of each of the officers and directors of the corporation and of each stockholder owning more than ten percent of the stock of the corporation; If the applicant is a partnership, the names and residence addresses and phone numbers of each of the partners including limited partners; (4) 2. 3 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 (5) The previous addresses, if any, for a period of five years immediately prior to the date of the application and the dates of resident at each; (6) Written proof that the applicant is over the age of eighteen years; (7) Provision of identification such as driver's license, social security card, etc; (8) Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application; (9) Written statements of at least five bona fide adult persons who may be easily and conveniently contacted, that the applicant is of good moral character; (10) All criminal convictions, or other than minor traffic violations, with a full explanation of the circumstances thereof; (11) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application . (b) A nonrefundable fee of one hundred dollars shall accompany each application to defray, in part, the costs of the license investigation and issuance. The application fee shall not be in lieu of, and shall be in addition to the business license fee paid pursuant to this chapter. 5.18.050 License investigation and issuance. Upon receipt 03 a complete application and fee, the chief of police shall within a reasonable time, not to exceed thirty days, verify the application information and investigate the background of the applicant. The chief of police shall notify the planning, building and fire departments regarding the pending application. The notified departments, within the thirty days from the application date, shall inspect the premises proposed to be devoted to the sale of drug paraphernalia and shall make separate recommendations to the chief of police concerning compliance with the provisions of this chapter and with the other applicable provisions of state law and the municipal code. and upon the reports received from the other city departments, the chief of police shall issue a drug paraphernalia establishment license if he finds: applicant, if licensed, would comply with all applicable laws, including but not limited to, the city's building, zoning and fire regulations; (2) That the applicant, if an individual, or in the case of an applicant which is a corporation or a partnership, any of its officers, directors, holders of ten percent or more of corporation stock, or any employee authorized to sell drug paraphernalia has not been convicted in a court of competent jurisdiction of any drug related offense. (a) Based upon the results of his own investigation (1) That the operation, as proposed by the 3. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 (3) That the applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of fact in the permit application or any other document required by the city in conjunction therewith; of this chapter. cannot be made, the license shall be denied. In the event of denial, notifications and reasons for denial shall be set forth in writing by the chief of police and shall be sent to the applicant by means of registered or certified mail or hand delivery. The denied applicant shall, at his election, have the right to receive a hearing before the city manager. If such a hearing is not requested within ten days of the notice of of denial by the chief of police, the denial shall be final. hundred dollars shall be paid by the applicant. (4) The applicant has met all the requirements (b) If one or more of the above described findings (c) Upon issuance of the license a license fee of two 5.18.060 Records. (a) Every licensee must keep a record of every item of .drug paraphernalia which is sold and this record shall be open to the inspection of any police officer at any time during the hours of business. Such record shall contain the following: (1) The name, address, and age of the purchaser; (2) The type of identification used to verify the (3) The name and quantity of the product; (4) The date and time of the sale; and (5) The licensee or agent of the licensee's age of the purchaser including the license, account or serial number thereof; signature. thereof or presentation by any pruchaser of false identification shall be unlawful. Such records shall be retained for not less than two years. (b) Falsification of such record or any portion 5.18.070 Persons under 18 years of age prohibited. (a) Any person engaged in, conducting, managing or carrying on a drug paraphernalia store, shall not: age to enter, unaccompanied by his or her parent or legal guardian, any area of such establishment or store, where such person under the age of 18 years may view drug paraphernalia; the age of 18 year of age. shall be prominantly displayed in the drug paraphernalia store. (1) Permit persons under the age of 18 years of (2) Sell drug paraphernalia to any person under (b) A sign stating the prohibitions of this section 5.18.080 Penalty. Any violation of this chapter shall be : (1) An infraction punishable pursuant to Chapter 1.08 of this code, except for the fourth or any subsequent violation which shall be a misdemeanor. 4. 1 2 3 4 5 6 7 8 9 10 11 1s 2c 23 22 2: 24 2: 2E 27 2E (2) Cause for revocation or supension of the license. (3) A public nuisance which may be abated pursuant to the provisions of state law. This remedy, is in addition to any other remedy provided by law, including the penalty provision applicable to violation of the terms and provisions of this code. 5.18.090 Constitutionality. If any section, subsection. sentence, clause or phrase of this chapter is for any reason-held to be in valid, such decision shali not affect the validity of the remaining portions of this chapter. The council declares that it would have adopted this chapter and each section, subsection, sentence, clause or phrase hereof separately, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 2: That Title 21, chapter 21.42 of the Carlsbad Municipal Code is amended by the addition of section 21.42.010(5)(BB) to read as follows: (BB) Drug paraphernalia stores as defined in chapter 5.18 of this code subject to the following conditions: located within 500 feet of any school, church, residence, residential area, childrens camp or club, child care facility, community center, library, park, public beach or playground; or advertisement which displays, shows or represents drug paraphernalia or any illegal drug including but not limited to, marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California. (i) No drug paraphernalia store shall be (ii) No drug paraphernalia store shall have a sign SECTION 3: The City Council hereby declares that it would have passed this ordinance phrase by phrase, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this ordinance are severable and, if for any reason any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance. 5. e EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 21st day of September , 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the ~ 5th day of October , 1982, by the following vote, to wit: AYES: NOES : None ABSENT: None Council blex&ers Casler, Lewis, Chick, Kulchin and Anear MARY H. CVLER, Mayor ATTEST : (SEAL) 6. 7