26-ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA BUSINESSSubmittal 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
REVIEWED AND APPROVED BY:
Z Administration E City Clerk ❑ Communiry Development ❑ EMS/IT
❑ Municipal Court Z Legal ❑ Library E Police ❑ Eng./Public Works
City of Paris 170
❑ Finance
❑ Utilities
❑ Fite
Revised 2/04/08
Draft
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ISSUING A SIX MONTH MORATORIUM ON THE ISSUANCE OF CERTIFICATES OF
OCCUPANCY FOR HEAD SHOPS, SMOKE SHOPS, DRUG PARAPHERNELIA SHOPS
OR RELATED BUSINESSES LOCATED WITHIN THE CORPORATE CITY LIMITS OF
THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER, POLICE CHIEF
AND CITY ATTORNEY TO WORK WITH THE CITY BUILDING OFFICIAL AND THE
ENGINEERING PLANNING AND DEVELOPMENT DEPARTMENT TOWARD
DEVELOPING NEW REGULATIONS FOR HEADSHOPS, SMOKE SHOPS AND DRUG
PARAPHERNELIA SHOPS TO BE PRESENTED TO T C~LAUSE,
PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Paris Police Department
duin1 ast two hyears tryingt o keepl up
enforcement agencies have been challeng g the
with the dramatic rise in the sale and use of synthetic drugs in the City of Paris and
surrounding communities; and
WHEREAS, local law enforcement has watched in frustration as local head shops,
smoke shops and certain convenience stores have displayed and sold various synthetic
drugs (such as synthetic cannabinoids known as "K2" or "K Spice" and synthetic
methamphetamine known as "Bath Salts", "White Angel" and "V"); and
WHEREAS, the state legislature has now added some of these synthetic drugs to
their growing list of controlled substances, but law enforcement has found that the
synthetic drug producers are changing the chemical makeup of the new drugs just enough
to get around state law; and
WHEREAS, during the last twelve months, the Paris Police Department and Paris
Emergency Medical Services have observeoerdoes r or adverse medilcal rea tions lrelated
children being treated and hospitalized for
to the use of synthetic drugs; and
WHEREAS, investigation into th the s h tic drugs locally; ands has shown
t ha t i n s e v e r a l i n s t a n c e s, t h e s e p e o p l e obtaned Yn
WHEREAS, under current zoning regulations head shops, smoke shops and drug
paraphernalia shops are not identified "uses," therefore these shops may locate anywhere
in the City that allows retail sales; and,
WHEREAS, the Paris Police Depalam ke t to along stdW s zon n g
ng a d developmen
City'
Department and Legal Department wou Y the
regulations and communicate with other state and local agencies to develop new methods
or approaches for regulating head shops, smoke shops and drug paraphernalia shops to
better protect the health and safety of the citizens residing in the City of Paris.
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WHEREAS, the City Council hereby finds and determines that in order to protect the
public health, safety and welfare of the citizens of the City of Paris, it is necessary to issue a
moratorium on the issuance of building permits and new or amended Certificates of
Occupancy for businesses which sell or offer for sale illegal smoking products or synthetic
drugs which sell or offer for sale drug paraphernalia or other devices used for smoking,
inhaling or ingesting illegal smoking products or synthetic drugs in the corporate city limits
of the City of Paris, Texas for six months to allow closer evaluation of zoning and permitting
processes for these types of businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That for a period of six months from the effective date of this
ordinance, no application for a building fop thelestablishml ent of a buspness ,in wh ch illegal
Code of Ordinances, shall be accepted
smoking products or synthetic drugs are displayed or offered for sale or use or where drug
paraphernalia or other devices used for smoking, inhaling or ingesting illegal smoking
products or synthetic drugs are displayed or offered for sale upon any property located
within the corporate city limits of the City of Paris, Texas.
Section 3. That during the term of this moratorium, City staff is hereby directed
not to accept any applications for building permits or for new or amended Certificates of are Occupancy for a business lh wh ee illegal
drsmoking ug paraphe~ nalia or othertdevl cesruged for
displayed or offered for sale or use o
smoking, inhaling or ingesting illegal smoking products or synthetic drugs are displayed or
offered for sale in the corporate city limits of the City of Paris, Texas; any documents
received purporting to apply for such a permit shall be returned to the applicant along with
a copy of this ordinance and any application for a permit declined for processing pursuant
to this ordinance shall be considered administratively incomplete.
Section 4. That during the moratorium, the Paris Police Department along with
City's Planning and Engineering Department and City Attorney's Office should study the
City's zoning and development regulations and communicate with other state and local
agencies to develop new methods pp tetheohealgthlandg head
of the c t zens of the
a n d d r u g p a r a p h e r n a l i a s h o p s t o betteprote
City of Paris.
Section S. That the moratorium created by this ordinance shall remain in full
force and effect for a period of six months from the effective date of this ordinance, unless
earlier repealed by an official act of the Paris City Council or extended by an official act of
the Paris City Council.
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Section 6. That any person violating any of the provisions of this ordinance shall
be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an
amount not to exceed $2,000.00. Each day or portion thereof during which a violation of
this ordinance shall continue shall constitute a separate offense.
Section 7. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 8. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 9. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 10. That by a supermajority vote of _ ayes and _ nays, the City
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 11. That this ordinance shall become effective from and after its passage
of the first reading and publication as required by law.
PASSED AND ADOPTED on this 12th day of December, 2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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