Item 8 - Ordinance No. 66 - Second Reading
CITY OF POW A Y
-- COL1;-';C1L MEMBERS:
\IARY SHEPARDSON, Mavllr
U:--;DA ORAVEC, Deputv M;lV('r
l\C'IRERT C. EMERY, Cllllm:il Memher
BRL'CE TARZY, Cllum:il Ml'mhl.'r
CARL R. KRUSE, Coum:il ~1cmht.'r
AG..D& ..PO.~
'1'0: Bonorable Mayor and Members of the City Council
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PROM: James L. Bowersox, City Man~::' )
INITIATED BY: Marjorie K. Wahlsten, City Clerk Th......~
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DATE: August 10, 1982
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SUBJECT: Ordinance No. 66 - Second Reading
BACKGJlOU8D
On July 27, 1982, the City Council introduced and had the first reading on
Ordinance No. 66 - An Ordinance Pertaining to Regulation of Items Designed or
Marketed for Use With Illegal Drugs.
PX.DXW_
It is in order to have the second reading and adopt this Ordinance.
RBCCJmUl"'~:J:OII
If the City Council desires to adopt, read title and waive further reading of
Ordinance by unanimous vote. Pass motion adopting <roll call vote).
JLB:MKW:ml
Attachment:
1) Ordinance
- ITEM 8
AUG 1 0 1982
Administrative Offices Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 785, Poway, California 92064 · (714) 748-6600, (714) 695-1400
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ORDINANCE NO. 66
AN ORDINANCE OF TIIB CITY OP POWAY, CALIFORNIA
PERTAINING '1'0 REGULATION OP ITEMS DESIGNED
OR MARKETED FOR USE WI'l'II ILLEGAL DROGS
WHEREAS, certain items designed or marketed for use with illegal drugs are
being retailed within the .City of Poway,Californial and
WHEREAS, it is recognized that such items may be legal retail items and that
as such, their sale cannot be banned, and
WHEREAS, there is also evidence that these items are designed or marketed
for use with illegal drugs and it is in the best interests of the health,
safety and welfare of the citizens of the City of Poway to regulate within the
City the sale of items designed or marketed for use with illegal drugs.
NOW, 'l'IIEREPORE, 'l'IIE CITY COUNCIL OP TIIB CITY OF POWAY, CALIFORNIA DOES
ORDAIN that the City of poway Regulatory Ordinances be amended as follows:
Section 1: Items Designed or Marketed For Use With Illegal Drugs
a. License Required: It shall be unlawful for any person or persons as
principal, clerk, agent or servant to sell any items, effect, parapher-
nalia, accessory or thing which is desiqned or marketed for use with
illegal drugs, as defined by the laws of the State of California,
without Obtaining a license therefor. Such licenses shall be in addi-
tion to any or all other licenses held by applicant.
b. Application: An aplication to sell any item, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal
drugs shall, in addition to the requirements of this section, be accom-
panied by affidavits by applicant and each and every employee author-
ized to sell such items that such per SOD or persons have never been ,
convicted of a drug-related offense.
c. Minors: It shall be unlawful to sell or give items as described in
this section (a) in any form to any person under eighteen. years of
age.
d. Records: Every licensee must keep a record of every item, effect,
paraphernalia, accessory or thing which is designed or marketed for use
with illegal drugs which is sold. This record shall he open to the
inspection of any police officer at any time during the hours of busi-
ness. Such record shall contain the fOllowing:
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AUG 1 0 1982 ITEM 8
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Ordinance No. 66
Page 2
i. the name, address, age and date of birth of the purchaser!
H. the type of identification used to verify the age of the purchaser
including the license nUllber, account number, or ser ial number of
said identification!
iii. the name and quantity of the product sold to said purchaser!
iv. the dat~ and time of the salel and
v. the licensee or agent of the licensee's signature.
Palsification of this record or any portion thereof, or presentation by
any purchaser of false identification, shall be a violation of this
Ordinance. The records herein described shall be retained for not less
than two (2) years.
e. Regulations: The applicant shall comply with all applicable regula-
tions of the Police Department (San Diego County Sheriff) of the City
of Poway.
f. Pee: The fee for the license referred to in Section a. shall be
$250.00 per year.
g. Penalty: Any person viOlating any provision of this section shall be
guilty of a misdemeanor and shall be punished by a fine not less than
fifty dollars ($50.00) nor more than five hundred dollars (S500.00) or
imprisonment not exceeding six (6) months, or both such fine and im-
prisonment for each such offense. Each day of the continued violation
shall be deemed a separate and distinct offense.
h. Public Nuisance: A violation of any provision of this Ordinance is
declared to be a public nuisance SUbject to abatement pursuant to the
general laws of the State of California and the City of Poway.
i. Severability: The City Council hereby declares that it would have
passed this Ordinance provision by provision 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 provisions of this Ordinance.
Section 2: That all ordinances, or parts of ordinances, in conflict
herewith are hereby repealed.
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AUG 1 0 198Z ITEM 8
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Ordinance No. 66
Page 3
Section 3. This Ordinance shall be effective thirty (30) days after its
adoption and the City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published at least once in a paper of general circulation
within the City of Poway within fifteen days (15) after its adoption.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 27th day of July, 1982, and thereafter PASSBD AND ADOPTED
at a regular meeting of said City Council held the day of 1982, by
the following roll call vote:
AYEs: COUNCILMBMBBRS
NOBS: COUNCILMBMBERS
ABSENT : COUNCILMBMBERS
Mary L. Shepardson, Mayor
Marjorie K. Wahlsten, City Clerk
ITEM C0
AUG 1 0 1982 8