26-ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA BUSINESS

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Submittal Date: 11/15/2011 Council Date: 1?/1 7/20] 1 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Originating Department: Presented By: Wenda Item No.: Police Chief Hundley 26. RECOMMENDED MOTION: First reading - not an action item POLICY ISSUE(S): Illegal Smoking Products and Related Paraphernalia Business BACKGROUND: Over the summer, we met the challenge of dealing with `legal' substances which produced severe healt concerns for many of the people who tried them. Synthetic marijuana commonly known as `K2" and `bath salts' use increased calls for city emergency services and our local hospitals. On March 14, 2011, City Council approved an Ordinance prohibiting K2 or synthetic marijuana illegal. On September 1, 2011, the State of Texas made the K2 substance and also chemicals used in the `bath salts' illegal. Minor changes of the chemicals used in a new substance referred to as `pla lin h sesubstanges definitions invalid. When these `legal' drugs were introduced, the busmesses seg became a focal point of complaints from persons who lived close to the business, or complained about the police `allowing' the sale of drug paraphernalia. Court cases have held that many of the devices these businesses routinely sell are not drug paraphernalia unless they have some illegal substance or residue in them. It is my opinion that these devices are sold ONLY for the purpose of using illegal smoking material and other drug use. Researching this issue I have learned that the cities of Corpus Christi and Uvalde have prohibited illegal smoking products and devices from being sold. It is my request that we either look at these ordinances to make such sales illegal or treat these businesses much the same way we treat sexually oriented businesses which limit where and how the business is located. Staff discussion has led us to ask the council for a moratorium on issuing any new building permits or certificates of occupancy to businesses engaging in the sale of illegal smoking products, synthetic drugs or engaging in the sale of devices used to smoke, ingest and/or inhale an illegal smoking product or synthetic drug as defined by federal, state or local law. This would allow a closer look at zoning for these type businesses or an inspection and permit process. Unfortunately these businesses are lucrative for those eo le who don't care of how they make their money. BOARD~COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: Financial Report ❑ Minute Order Expense ❑ Department Report ❑ Resolution Budgeted Amt. ~ Presentation Z Ordinance y''D Actual ❑ Public Hearing ❑ Other Acct. Name Acct. Number - no 169 City of Paris