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HomeMy WebLinkAbout1982-09-21; City Council; 7066-1; Drug Paraphernalia storesx CIT 3F CARLSBAD - AGEND, 31LL FB#U MTG. 9/21/82 IEPT. Lup % DEPT. HD. CITY AllY AMENDMENT OF THE ZONING ORDINANCE - DRUG PARAPHERNALIA STORES - ZCA-147 TITLE CITY MOR.* IC Both the Planning Staff and the Planning Commission recommend that this Zone Code Amendment be APPROVED and that the City Council INTRODUCE Ordinance No. 6066. ITEM EXPLANATION On June 15, 1982, the City Council reviewed Ordinance No. 6066 which would help regulate the sale of drug paraphernalia in the City of Carlsbad. The Council referred the ordinance to the Planning Commission for a recommendation on Section 2 of the Ordinance. This Zone Code Amendment will implement Section 2 of the Ordinance. The amendment would require all stores engaged in the sale of drug paraphernalia to obtain a conditional use permit. The amendment would also prohibit these stores from residential zones, prohibit them from locating within 500 feet of certain uses which are normally frequented by children, and prohibit them drugs. from having signs identifying drug paraphernalia or illegal r ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this amendment will not have a significant impact on the environment and, therefore, has issued a Negative Declaration which was approved by the Planning Commission on August 25, 1982. A copy of the environmental documents is on file in the Land Use Planning Division office. FISCAL IMPACT This project will not create any fiscal impacts. EXHIBITS A) Ordinance No. 6066 B) P.C. Resolution No. 2005 C) Staff Reported dated August 25, 1982 .. , - --. . 7 8 9 10 11 0 18 19 20 21 22 23 24 25 ' 26 27 20 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 PARAPHERNALIA. 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: "ChaDter 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 5.18.010 Purpose and intent. De f i ni t ions . License required. License application. License investigation and issuance. Records. Persons under 18 years .of age prohibited. Penalty. Constitutionality, Purpose and intent. It is the purpose and -- intent of this chapter to regulate the sale of drug paraphernalia. Such regulation is necessary to protect the health, safety and welfare of the citizens of the City, particularly those under the age of 18 years. The business of selling drug paraphernalia is designated as police regulated. 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. when displayed, grouped, advertised or promoted for sale: 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 SIea.J.th and Safety Code of the state of California; (a) "Drug paraphernalia" means any of' the following, (1) Any item, whether useful for nondrug-related 1 2 3 4 5 6 7 8 9 10 11 12 a d 19 20 a1 22 23 24 25 26 27 28 4 (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 st.ore 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 appl.ication. (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; (4) If the applicant is a partnership, the names and residence addresses and phone numbers of each of the partners includirig limited partners; 2. 3 1( 21 1: D 1s 2c 27 2% 23 24 25 26 27 28 -. (5) The previous addresses, if any, for a period (6) Written proof that the applicant is over the (7) Provision of identification such as driver's (8) Business, occupation or employment history of of five years immediately prior to the date of the application and the dates of resident at each; age of eighteen years; license, social security card, etc; 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 violati.ons, with a full explanation of the circumstances the reo f ; 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 shal.1 not be in lieu of, and shall be in addition to the business license fee paid pursuant to this chapter. (11) Such other identification and information 5.18.050 License investigation and issuance. Upon receipt of 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. 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 nat been convicted in a court of competent jurisdiction of any drug related offense. The chief of police shall notify the planning, building (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 12 13 14 15 16 1'1 18 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 age of the purchaser including the license, account or serial number thereof; (3) The name and quantity of the product; (4) The date and the of the sale; and (5) The licensee or agent of the licensee's 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; (2) Sell drug paraphernalia to any person under the age of 18 year of age. A sign stating the prohibitions of this section shall be prominantly displayed in the drug paraphernalia store. (1) Permit persons under the age of 18 years of (h) 5.18.080 Penalty. I_ 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. s 'i 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 r (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 lawo 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 shall 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)(BR) 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. 4 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 SePMk I 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the ~ 5th day of O&~ber , 1982, by the following vote, to wit: AYES: NOES : None ABSENT: None Council 14e~krs Casler, Lewis, Chick, Kulchin and Anear ATTEST : (SEAL) 6. 7 c 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 21 25 26 27 28 .. 1- 4 I' PLANNING COMMISSION RESOLUTION NO. 2005 A RESOLUTION OF THE PLANNING COMVISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.42.010(5)(€3B) TO REGULATE THE LOCATION OF DRUG PARAPHERNALIA STORES APPLICANT: CITY OF CARLSBAD CACE NO: ZCA-147 OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE - WHEREAS, the Planning Cornmission did, on the 25th day of iugust, 1982, hold a duly noticed public hearing as prescribed ,y law to consider said request: and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: i) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-147, according to Section 2 of Exhibit "A" dated August 6, 1982, attached hereto and made a part hereof, based on the following findings: pind ings : I. That the proposed amendment will adequately control the location of drug paraphernalia stores so they will not be established adjacent to any school, church, residence, residential area, children's camp or club, child care facility, community center, library, park, public beach or playground. !. The locational requirement; at least 500 feet from areas, will help insure an adequate separation is maintained between drug paraphernalia stores and any school, church, residence, residential area, children's camp or club, child care facility, community center, library, park, public beach or playground, which are areas frequented by children. '/// '//I sr .. .. L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3.5 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. _. 'k The locational requirement will prohibit the proliferation and concentration of drug paraphernalia stores near any school, church, residence, 'residential area, children's camp or club, child care facility, community center, library, park, public beach or playground, which are areas frequented by children, That the project will not cause any significant environmental impacts and a Negative Declaration has been issued 'y the Land Use Planning Manager on August 6, 1982, and approved by the Planning Commission on August 25, 1982. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, neld on the 25th day of August, 1982, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN : Commissioners Marcus, Jose, Rombotis, Friestedt, Rawlins None Chairinan Farrow; Commissioner Schlehuber None -1' - MARY MARCJS, Pro Tern, Chairman CARLSBAD LANNING COMMISSION (B' 4TTE ST : XRLSBAD PLANNING COMMISSION !! ?C RES0 NO. 2005 -2- Staff Report DATE : August 25, 1982 . TO: Planning Commission FROM : Land Use Planning Office . SUBJECT: ZCA-147 - City of Carlsbad - An amendment to the Zoning Ordinance requiring all drug paraphernalia stores to obtain a conditional use permit. I. PROJECT DESCRIPTION This amendment to the Zoning Ordinance would require all stores engaged in the sale of drug paraphernalia to obtain a conditional use permit. The proposed amendment would prohibit the location of a drug paraphernalia store in any residential zone. In addition, the proposed amendment would further limit the location of this type of store by the following condition: No drug paraphernalia store shall be located within 500 feet of any school, church, residence, residential area, children's camp or club, child care facility, community center, library, park, public beach or playground. The proposed amendment to the Zoning Ordinance prohibits a drug paraphernalia store from having a sign or advertisement that displays drug paraphernalia or any illegal drug. The locational requirement (500 feet) will help to insure that an adequate separation is maintained from uses and areas frequented by children and will prohibit the proliferation and concentration of drug paraphernalia stores near these uses. The purpose of this zone code amendment is to irnp1emen.t Section 2 of City Ordinance No. 6066, a copy of which has been attached to this report. The purpose of this ordinance is to help regulate the sale of drug paraphernalia in the city of Carlsbad. Attached to this report is a memo, dated June 9, 1982, from the City Attorney's Office to the City Council explaining the ordinance. As mentioned on page three of that memo, the first step in approving this ordinance is obtaining a report and recommendation from the Planninq Commission on Section 2 -of the ordinance. The Planning Commission does not need to consider Section 1 of the ordinance. Staff recommends approval of the proposed zone code amendment. 11. ENVIRONMENTAL REVIEW - The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on August 6, 1982. 111. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2005 recommending APPROVAL of ZCA-147 to the City Council based on the findings contained therein. ATTACHMENTS 1. PC Reso No. 2005 2. Exhibit "A" dated August 6, 1982 3. Memo from City Attorney dated June 9, 1982 4. Memo from Vincent Jimno dated June .17, 1982 5. Environmental Documents . MH : kb 8/10/82 -2- ElEElORAlJDUM DAT I3 : June 9, 1982 TO: ~ayor and City Council. FROM : City Attorney c) RUG PA ]?A D II E RNA L I A 0 R I) I 8 AN C E - SUB J IKX' : Pursuant to a request by the Police Department we have 'drafted an ordinance to regulate establishments selling drug paraphernalia and the sale of drug paraphernalia in the City of Carlsbad. The attached ordinarice is silnilar to ordinances in many cities and counties in California and is similar to the ordinance which withstood certain constitutional challenae's, in the case of Vill.aae of Hoffman I.:r,t;~:_es _I ------- -- _I . v. Flipside, Hoffman Estates, Inc. -U.S.-, 71 L. Ed. %d 362 (19g2). The ordinance is primarily regulatory in nature. It requires drug - -___-..I ----- paraphernalia estab1isIi:nents to get a license issued by -the police chief, to keep records of the sale of drug paraphernalia, and prohibits the location of a drug paraphernalia store within 509 feet of places that children might frequent. The ordinance does not contain 2 total ban on drug paraphernalia but does prohibit the display of drug paraphernal-ia in any place where children arc allowed or the sale of drug parapherna1i.a to children. What follows is a section by section analysis of the proposed ordinance. The first section of the ordinance adds Chapter 5.18 to the Carlsbad 19unicipal Code. This chapter establishes the license and operational requirements for drug paraphernalia stores. The ordinance conl-..ai.ns a Council declaration that regulation of drug paraphernalia stores is necessary to protect the health,'safety and welfare of the citizens of Carlsbad, particularly those under the age of 18 years. The City has much greater authority to regulate businesses in order to protect children than it does to protect adults: Drug paraphernalia is defined in the ordinance as any. item whether it is usefu3. for .a nondrug-related purpose or not which is sold, displayed or advertised in a manner which reasonably suggests its uscful.nes;r, in growing, manufacturirq or using illegal drugs! or which is designed or decorated in a manner to reasonably sucjgest its tlscfiilne:-;k in growing, manufacturinf; or using il.legal drugs. Drily paraphernalia also it~cl.udes any item which is defined by any staEe statuke as drug paraphernalia. drug paraphernalia store is any estat,Ii.sIiinent or place where drug paraphernalia is displayed or sold either as a primary business or incidental 'to so111e 0t:Iier busit-rc:;s. A drug p~iraphernaLia store does not: include places which arc aukl~orrizcd and 1iccnse(l by the stilt(? or fcdcri11 governincnt to dispencrt controlled sulx;t:anc(?s or paraphernalia for the use of control.lecl substnncc:'; , i . e . ph a r 111 a c i. e .c; . ._ I Mayor and City Council -2- June 3, 1382 Chapter 5.18 also establishes the 3.icense requirements for operating a drug paraphernalia store. Basically the ordinance requires an application for a drug paraphernalia establishment to be submitted to the chiof of police and contain dctail.ed information regarding the applicant and the business. A nonrefundable fee of $100 must accompany the application. This fee will be used in part: to defray the cost of issuing and investigating the applicant and the establ.j.r;hinent. The ordinance establishes the grounds upon which the police chief sha1.I grant or deny tile license and requires among other things that the pol-ice chief Cind that the applicant has not fieen convicted of any drug related offense. Shoufd the police chief deny the application, it may be appealed to the City Manager. A license fee of 5200 shall. be paid by the applicant upon issuance of a license. The chapter also requires that the licensee keep a record of every item of drug paraphernalia which is sold 2nd this recoi-4 must he open to inspection by any polic'e off iter during business houiis. record in?lst contain the nam, address and age of the purchaser, the type of drug paraphernalia, the type of identification used to identify the purchaser, the time and date of the sale and the signatuxe of the licensee or the licensee's agent. These records must be kept for a period of two years. Failure to keep the records is grounds for revocation or suspension of the license. Thi.re is some ques'tion as to the constitutionality of this particular provision, It was contained in the ordinance which the U.S. Suprcnie The * L Court considered in the Hoffman Estates case, how?ver, the Suprenie Court specifical.ly said that it did not ccnsirfer or decide whether -__ such recording requirement was constitutional. This is because thc Supremi_. Court will not decide matters which are riot properly before them, are not necessary to decide the case at hand, or xhich have not beeii fully briefed and argued by the parties. Even though we have some doubts regarding the constitutionality v7c believe that because this provision Is contained in xany ordinances throughout the nation that. the City Council would be justified in taking the risk that the recording provision would be declared unconstitutional. .. The Chapter also specif ically provides that: no person under the age of 18 ycars shall be a1.I.owed to enter any drug paraphernalia store or area OE a store or other establishment where drug paraphernnI. ic? is sold un1.css accompanied bl7 his or her parent .or 1cC;al guardian. The ordinance also prohibits the sale of drug. paraphernalia to any person under 11 years of age. A sign stating these prohibitions must be prominently displ.ayec1 in thc drug paraphernal. ia store. VioLation of Chapter 5.18.083 is an infraction except for the foiirl:li or any sub,r;ec(uct~i-. violatjon which is a n\isc.lc;neanor. A vj-olntion is also cause for revocation or suspension of the license rind n premise:; opcrriting on violation 01 the orcliiiancc is dcclarwl to be a publ.ic nuj sancc whiclt rony be alxitcd accorcli ng . to thc provisions of state law. Mayor and City Council -3- June 9, 1982 Section 2 of the ordinance amends the zoning ordinance by requiring a conditional use permit for the cstalishment of a drug paraphernalia store. The permit would be si.ibject to the conditions that the store not he locatcd within 500 feet of certain listed places where children frequent and that; it have no advertisements or signs which display or rcprescnt drugs or' drug paraphernalia. Should the Council choose to regulate drug paraphernalia in the manner contained in the ordinance it should first refer the matter to the Planning Commission for a report and recommendation on Section 2 OE the ordinance. The Planning Commission need not consider Section 1 of the ordinance. Assistant City Attorney I c . c a' DATE: June 21, 1982 TO: Dan tlentschke, Assistant C-i ty Attorney FROI?I: Vincent D. Jinino, Chief of Police DRUG PA RAP H F. R iM L I A 0 11 D I N A I? C E < My staff and I have reviewed the draft of the ordinance regulating narcotics paraphernalia viithiii the City of Carlsbad. ordinance and request that it be submitted to the CSty Council for adoption. I agree with the content of the db , .. 0 Assistxit City tdnnager (714) 433-5598 [3 Cuildinu Dcplnrtment (714) 43ii.5525 U Fnijineeririg L)cp:irtniont (714) 130-5541 4 c 1200 ELM AVENUE CARLS BAD, CALI FO n1.1 i A 02000 DA'[!FD: July 15 , 1982 DEV E L.0 PM ENTAL SERVICES 0 Assistnilt City Mnnagar (714) 438-5556 0 Duildiiig Dzpartrfiunt (114) 438.5525 D tinginccring Depzrtinont (714) 438-5541 D Housing e, Ftodsvoloprncnt Doi)artment 30% Hardirig St. (714) 438-561 1 p Planning Dopar!nient (711) uti-5591 1200 ELM AVElJtJE CARLSBAD, CALIFORNIA 92008 .. CASE NO: ZCIA-147 Land Use Planning ilan,~-?.r 17 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, NOTICE OF PWBLIC HEARING ZCA.147 NOTICE IS GIVEN that tbecttycollncilqpeCi@ofCarls- bad will 4old 8 UWd bearing at 4 the City &wnelfClwin&h, la00 8 Elm Avenue, Csrlrbad California, at B:QO P.M., on Typjdry 21, ug, to cowrder a for me lip cat Applicant: City of Carlsbad CT WlBb; September 8, IW! c*_ CARLSBAD CITY COUNCIL I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ................ Segt ember .8. .. 19.82. ................................. 19 .... ............................... 19.. 2M-4182 ................................. 19.. ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on NOTICE - OF PUBLIC HEARING ZCA- 147 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, September 21, 1982, to consider an application for approval of a zone code amendment regulating drug parapher- nalia shops on property generally located in the City of Carlsbad. APPLICANT: City of Carlsbad PUBLISH: September 8, 1982 CARLSBAD CITY COUNCIL c A Those persons wj s\incj to spak O:I this pro-msal are cordj ally invited to attend the public 'ncarilxj. ~lnnning Department at 438-55S1. If yi>u have any questions please call the CllSE FILE: ZCA-147 PJ?PLTCm : CITY OF CAFII;SRm (Drug Paranhernalia Ordinance) PUBLISFi t Aiqiist 14, 1982