HomeMy WebLinkAboutNS-1650 Not Adopted6/29/82
ORDINANCE NO.
NS- 1650
AN ORDINANCE OF THE CITY OF SAN
AMENDING THE SANTA ANA
BY ADDING ARTICLE VII TO
CONSISTING OF SECTIONS 10-300
10-315, INCLUSIVE,
OF DRUG PARAPHERNALIA
SALESPERSONS.
A};A
CODE
10,
OPERATIONS
AND
THE CITY COUNCIL OF THE
ORDAIN AS FOLLOWS:
OF SANTA ANA DOES
SECTION 1: That
is hereby amended by adding
article shall read as follows:
Aha Municipal Code
VII to Chapter 10, which
ARTICLE VII. DRUG
ESTABLISHMENTS
Sec. 10-300. Defin :ions.
As used in this [cle:
(a.) Dru¢
products and materials of
for use, or designed for
cultivating, growing,
converting, producing, p:
analyzing, packaging,
concealing, injecting,
introducing into the
:nalia means all equipment,
kind which are used, intended
in planting, propagating,
g, manufacturing, compounding,
preparing, testing,
storing, containing,
'esting, inhaling, or otherwise
body a controlled substance in
violation of the "Cali: ornia Uniform Controlled Substances
Act" (California He~ and Safety Code §~ 11000 et seq.),
including, but not to:
(1) A kit sed, intended for use, or designed for
use in planting, cultivating, growing or harvesting
any species of plant which is a controlled substance or from
which a controlled ubstance can be derived;
(2) A k
use in
processing, or pr(
used, intended for use, or designed
compounding, converting, producing,
controlled substances;
for
(3) An isomerization device used, intended for
ORDINANCE NO. NS- 1650
Page two
use, or designed for use in increasing the potency of any
species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or
designed for use in identifying, or in analyzing the strength,
effectiveness or purity of controlled substances;
(5) A scale and balance used, intended for use,
or designed for use in weighing or measuring controlled sub-
stances;
(6) A diluent and adulterant, such as quinine
hydrochloride, mannitol, mannite, dextrose and lactose,
used, intended for use, or designed for use in cutting
controlled substances;
(7) A separation gin and sifter used, intended
for use, or designed for use in removing twigs and seeds
from, or in otkerwise cleaning or refining, marijuana;
(8) A blender, bowl, container, spoon and mixing
device used, intended for use, or designed for use in
compounding controlled substances;
(9) A capsule, balloon, envelope and other con-
tainer used, intended for use, or designed for use in packaging
small quantities of controlled substances;
(10) A container and other object used, intended
for use, or designed for use in storing or concealing con-
trolled substances;
(11) A hypodermic syringe, needle and other object
used, intended for use, or designed for use in parenterally
injecting controlled substances into the human body;
(12) An object used, intended for use, or designed
for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, or hashish oil into the human
body, such as:
(a) Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipe with or without screen,
ORDINANCE NO. NS- 1650
Page three
permanent screen, hashish head, or
bo~ 1;
red metal
(b) Water pipe;
(c) Carburetion tube and
(d) Smoking and carburet mask;
(e) Roach clip:
to hold burning material,
cigarette, that has become
to be held in the hand;
an object used
as a marijuana
small or too short
(f) Miniature cocain, spoon, and cocaine
vial;
(g) Chamber pipe;
(.h) Carburetor pip ;
Electric pipe
(j) Air-driven p ~e;
(~k) Chillum;
(1) Bong;
(m) Ice pipe o chiller;
(~b.) establishment means any
establishment or a having a fixed place of
business where any individual, firm, association, partnership,
corporation or combination o: individuals, engages in,
conducts, carries on or ts to be engaged in, conducted
or carried on, the sale, exc ~e, trade, barter, furnishing
or delivery of drug ] ~alia, whether as the principal
or a minor function or sour¢ ~ of revenue.
(c.) Salesperson means any person who, for any
form of consideration whats)ever, sells, exchanges, trades,
barters, furnishes or deli~ ~rs drug paraphernalia, as defined,
and includes, but is not li ~ited to, self-employed or independent
salespersons and employees or agents of drug paraphernalia
establishments. ,
ORDINANCE NO. NS- 1650
Page four
(d.) Profit interest means any interest or share
in the present or prospective profit of a drug paraphernalia
establishment or salesperson.
Sec. 10-301. Drug paraphernalia establishment
permit required.
It shall be unlawful for any person to engage in,
conduct or carry on, in or upon any premises or real property
within the City of Santa Ana, the business or activities of
a drug paraphernalia establishment without a permit issued
pursuant to the provisions of this article. .A separate
permit shall be required for each drug paraphernalia establish-
ment.
Sec. 10-302.
Application for drug paraphernalia
establishment permit; contents;
required fees.
(a.) Any person desiring to obtain a permit to
operate a drug paraphernalia establishment shall make application
to the chief of police or his designated representative.
Prior to submitting such application a nonrefundable fee, as
established by resolution of the city council, shall be paid
to the department of finance to defray, in part, the cost of
the investigation and report required by this article. The
department of finance shall issue a receipt showing that
such application fee has been paid. The receipt, or a copy
thereof, shall be supplied to the chief of police at the
time such application is filed. Permit issuance fees required
under this article shall be in addition to any license,
permit or fee required under any other chapter of this Code.
(b.) Neither the filing of an application for a
permit, nor payment of an application fee, shall authorize
conducting a drug paraphernalia establishment until such
permit has been granted or renewed.
(lc.) Each applicant for a drug paraphernalia
establisP~ent permit shall furnish the following information:
~ The present or proposed address where
the business is to be conducted;
(2) The full true name under which the
business will be conducted;
ORDINANCE NO. NS- 1650
Page five
(3) The full true name and any other n~es
used by the ~pplicant;
(4) The present residence and busin~'ss
addresses and telephone numbers of the a~plicant;
(5) Ea. ch residence and business~tddr.ess
of the applicant for the five-year period immediately
preceding the date of the applica, tio~ and the
inclusive dates of each such reslde~cy or business.
(6) California driver's lic~se or identi-
fication number and social security number of the
applicant;
Acceptable written p~of the
(7) is at least eightee~ (18)that
applicant years of age;
(~8) .The applicant's he~ght,, . weight,, color
of eyes and hair and date o~ b~rth,
(9} Two (2) photographs of the. applicant,
at least two (2} inches b~two (2) ~nches in size,
taken,within the six-mont~ period immediately
preceoing the date of th~ application;
(!0~ The business,/occupation or employment
history.of the applican~ for the three-year
period Immediately preceding the date of the
application;
(11} The permit ~istory of the applicant,
for the three-year period immediately preceding
the date of the fili~,g of the application, including
whether such applicant, in previously operating in
this or any other city, county, state or territory,
has ever had any sim~]ar license or permit issued
by such agency revoked or suspended, or has had
any professional or ivocational license or permit
revoked or suspended, and the reason or reasons
therefor;
(12~ All criminal convictions suffered by the
applicant, including ordinance violations but
excepting minor traffic offenses (any traffic
ORDINANCE NO. NS- 1650
Page six
offense designated as a felony shall not be construed
as a minor traffic offense), stating the date,
place, nature and sentence of each such conviction;
(13) An affidavit or notarized statemeDt by
the applicant, if an individual, or in the case of
a partnership or corporatioD, by the designated
responsible managing officer, and by each and
every employee or agent who will be authorized to
sell, exchange, trade, barter, furnish or deliver
drug paraphernalia, disclosing whether or not such
person has ever been convicted of a drug-related
offense.
(14) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation or
charter, together with the state and date of
incorporation, and the names, residence addresses,
and dates of birth of each of its current officers
and directors, and each stockholder holding more
than five percent (5%) of the stock in the corporation.
If the applicant is a partnership, the applicant
shall set forth the names, residence addresses and
dates of birth of each of the partners, including
limited partners and profit interest holders. If
the applicant is a limited partnership, the applicant
shall furnish a copy of the certificate of limited
partnership as filed with the county clerk. If
one or more of the partners is a corporation, the
provisions of this subsection pertaining to corporations
shall apply. The corporation or partnership
applicant shall designate one of its officers or
general partners to act as its responsible managing
officer. Such designated person shall complete
and sign all application forms required of an
individual applicant under this article, but only
one application fee shall be charged;
(15) In the event the applicant is not the
owner of record of the real property upon which
the drug paraphernalia establishment is or will be
located, the application must be accompanied by a
ORDINANCE NO.
Page seven
NS- 1650
notarized statement from the owner of
the property acknowledging that a
establishment is or will be located
In addition to furnishing such notar~
the applicant shall furnish the
of the owner of record of the
a copy of the le~se or rental agre
to the premises in which the drug
establishment is or will be
~ord of
)araphernalia
the property.
ed statement,
and address
, as well as
pertaining
~araphernalia
(16) A description of the
provided or the merchandise to
rvices to be
sold;
(17) The true names and
of all persons employed or
as salespersons;
~idential addresses
to be employed
(18) Such other identiJ
as the chief of police or h
sentative may require in o2
truth of the matters requl
the application.
~ation and/or information
designated repre-
to discover the
to be set forth in
(.d.) The applicant, if
the applicant is a partnership or
responsible managing officer,
police department of the City of
that the required application
present the application
supporting documentation require(
section.
%atural person or, if
.ration, the designated
personally appear at the
Ana and produce proof
has been paid and shall
the information and
subsection (c) of this
(e.~ The chief of po] .ce may require the applicant,
if a natural person, or if the pplicant is a partnership or
corporation, the designated res managing officer, to
appear in person at the police ~epartment in order to be
photographe~ and fingerprinted.
(f.) When any chang~ occurs regarding the written
information required by subsec' [on (c) of this section prior
to or after issuance of a permit, the applicant shall give
written notification of such ci~ange to th~: chief of police
within forty-eight ~8) hours ~fter such change.
ORDINANCE NO. NS- 1650
Page eight
(g.) The chief of police shall have a reasonable
period of time in which to investigate the application and
background of the applicant. The chief of police, or his
representative, shall, within fifteen (!5} days after the
date of the filing of the application, render a writ%en
recommendation to the city manager, as to approval or denial
of the application for the permit or renewal thereof.
(h.) The city manager, within ten (10) days after
receiving the application and aforementioned recommendation
from the chief of police, shall grant the permit only if he
finds that all of the following requirements have been met:
(1) The required fees have been paid;
(2) The application conforms in all respects
to the provisions of this article;
(3) The applicant has not knowingly made
a material misrepresentation of fact in the
application;
(~4) The applicant has fully cooperated
in the investigation of the application;
(5) The applicant if an individual; or
any of the directors, officers or stockholders
holding more than five percent (5%) of the stock
of the corporation; or any of the partners,
including limited partners, or profit interest
holder, manager or other person principally in
charge of the operation of the existing or proposed
drug paraphernalia establishment, or a natural
person employed or contracted with to be sales
person, has not been convicted or pleaded nolo
contendere or guilty within five (5) years prior
to his application for a permit to a misdemeanor
or felony crime of moral turpitude or drug-related
misdemeanor or felony crime, including but not
limited to the sale of a controlled substance
specified in Sections 11054 through 11058 of the
California Health and Safety Code.
~6) The applicant has not had a drug
paraphernalia establishment permit or other similar
ORDINANCE NO. NS-1650
Page nine
license or permit denied or suspended/or revoked
for cause by the City of Santa Ana o4 any other
city or county located i~ or out of ~his state
within the five-year per~od immediately preceding
the date of the filing of the applycation;
(7) The drug paraphernalia ~stablishme~t,
as proposed by the applicant, wo~ld comply w~th
all applicable City of Santa Ana/ county and state
laws, including but not limited/to health, zoning,
fire and safety requirements an~ standards; and
(8) The applicant, manager or other person
principally in charge of the ~peration of the
business is at least eighteenf (18) years of age.
(i.) If the city manager do~s not find that all
of the requirements set forth in subsections (h) (1) through
(8) of this section have been met, he~shall deny the application
for the permit. In the event the application for the permit
is denied by the city manager, writts~ notice of such denial
shall be given to the applicant, spedifying the ground or
grounds of such denial. Notice of dDnial of the application
for the permit shall be deemed to ha~e been served if it in
fact is personally served on the applicant or when deposited
in the United States mail with postage prepaid and addressed
to the applicant at the residence a~dress set fc.rth in the
application for the permit. Any a~plicant whose application
for a drug paraphernalia establishment permit has been
denied by the city manager, may appeal such denial to the
City Council as provided in Chapter 3 of this Code.
Sec. 10-303. Prohibite~ conduct by dru~ paraphernalia
establishments.
(~a.~ No holder of a dr~g paraphernalia establisb-
ment permit shall employ as a salesperson any person under
eighteen (18) years of age.
(b.l No holder of a d~ug paraphernalia establish-
ment permit shall sell, exchange~ trade, barter, furnish or
deliver drug paraphernalia to an~ person who is under eighteen
~15~ years of age~
Sec. 10-304. Salesperson permit required.
ORDINANCE NO. NS- 1650
Page ten
It shall be unlawful for any person to act as a
salesperson unless such person has been issued a valid
permit by the City of Santa Ana pursuant to the provisions
of this Article and is employed by or is the agent of a
holder of a valid drug paraphernalia establishment permit
issued by the City of Santa Ana pursuant to the provisions
of this Article. Such salesperson permit shall be issued to
the address of the employer or contracting party of the
salesperson.
Sec. 10-305. Salesperson permit identification card.
Each salesperson permit holder shall be issued an
identification card which will also serve as a salesperson
pel~it. The permit holder shall carry such card in a visible
position upon his or her person when acting as a salesperson
and produce the same for inspection upon request. Each
permit holder shall immediately surrender to the chief of
police any salesperson permit issued by the City of Santa
Ana upon the suspension or revocation or expiration of such
permit, or upon leaving employment as a salesperson.
Sec. 10-306. Application four salesperson permit;
contents; required fees.
(a.~ Any person desiring to obtain a permit to
act as a salesperson, shall make application to the chief of
police or his designated representative. Prior to submitting
such applicaticn for a permit a nonrefundable fee, as established
by resolution of the city council, shall be paid to the
department of finance to defray, in part, the cost of the
investigation and report required by this Article. The
department of finance shall issue a receipt showing that
such permit application has been paid. The receipt, or a
copy thereof, shall be supplied to the chief of police at
the time such application is filed. Permit fees required
under this article shall be in addition to any license,
permit or fee required under any other chapter of this Code.
(b.) Neither the filing of an application for a
permit, nor the payment of an application fee, shall authorize
a person to act as a salesperson until such permit has been
granted.
(~.~ Each applicant for a salesperson permit
shall furnish the information required by subsections (c) (1)
ORDINANCE NO.
Page eleven
NS- 1650
through (13) of section 10-302 of this code,
addition, furnish the following information:
shall, in
(1) Satisfactory evidence tha the applicant
is employed, or has been offered by a
drug paraphernalia establishment a valid
permit issued by the City of Ana, including
the name and address of the empl( er or prospective
employer and the fact that such or
continued employment is conting, upon the issuance
of said permit; and
(2) Such other id
matioD as the chief of police
to discover the truth of the
be set forth in the applicat~
)n.
and infor-
require in order
s required to
(d.) The chief of police
to appear in person at the police dep
photographed and fingerprinted.
the applicant
in order to be
(e.) The chief of police lall have a reasonable
period of time in which to investig~ the application and
background of the applicant. The cief of police, or his
representative, shall, within n C15) days after the
date of the filing of the applicatl render a written
recommendation to the city manager as to approval or denial
of the application for the permit renewal thereof.
[f.) The city manager,
receiving the application and afo
from the chief of police, shall
finds that all of the req
through (4} of section 10-302 of
and, in addition, if he finds th
requirements have been met:
(t) The applica~
permit or other simil~
or suspended or revok
Santa Ana or any othe
or out of this state'
immediately preceding
the application;
ten (10) days after
~ned recommendation
:ant the permit only if he
of sub~ections ~h) (1)
code have been met,
~t the following additional
has not had a salesperson
r license or permit denied
d for cause by the City of
.city or county located in
'lthln the five (5) years
the date of the filing of
ORDINANCE NO. NS- 1650
Page twelve
(2) The applicant is at least eighteen (18)
years of age;
(3) The applicant has not been convicted
or pleaded nolo contendere or guilty within five
(5) years prier to his application to a misdemeanor
or felony crime of moral turpitude or a drug-
related misdemeanor or felony crime, including but
not limited to the sale of a controlled substance
specified in Sections 11054 through 11058 of the
California Healt~ and Safety Code.
(g.) If the city manager does not find that all
of the requirements set forth in subsection ~) of this
section have been met, he shall deny the application for the
permit. In the event the application for the permit is
denied by the city manager, written notice of such denial
shall be given to the applicant specifying the ground or
grounds of such denial. Notice of denial of the application
for the permit shall be deemed to have been served if it in
fact is personally served on the applicant or when deposited
in the United States mail with postage prepaid and addressed
to the applicant at his or her residence address as set
forth in the application for the permit. Any applicant
whose application for a salesperson permit, has been denied
by the city manager, may appeal such denial to the City
Council as provided in Chapter 3 of this Code.
(h.) When any change occurs regarding the written
information required by subsection ~) of this section, the
applicant or permit holder, as the case may be, shall give
written notification of such change to the chief of police
within forty-eight (48) hours after such change.
Sec. 10-307. Prohibited conduct by salespersons.
(a..) No salesperson shall be under eighteen (18)
years of age.
(b.) No salesperson shall sell, exchange, trade,
barter, furnish or deliver drug paraphernalia to any person
who is under eighteen (18) years of age.
Sec. 10-308. Records Requ~i~ed.
(a~} Every drug paraphernalia establishment shall
keep a written record of every drug paraphernalia item which
ORDINANCE NO. NS-1650
Page thirteen
is sold, exchanged, traded, bartered, furnished or
to any person;
~livered
(b.) Such record shall contain the
address, birthdate and signature of the person
drug paraphernalia item'was sold, exchanged, tr~
furnished or delivered; the name and quantity o
parapherna]iia item involved in the transaction
time of the transaction; and the name, permit
signature of salesperson to the transaction;
and
whom the
ed, bartered,
the drug
tke date and
and
(c.) Such records shall be retain~
than two (2) years and shall be open to ins
peace officer at any time during the hours
paraphernalia establishment's business.
for not less
by any
the drug
Sec. 10-309. Advertisement of
prohibited.
Paraphernalia
It is unlawful for any person
newspaper, magazine, handbill, p
audio media any advertisement, knowing,
stances where one should reasonably
of the advertisement, in whole or in
sale of items~designed or intended for
place in any
or any visual or
r under circum-
that the purpose
is to promote the
as drug paraphernalia.
Sec. 10-310. Display of
minors p
ohernalia to
It is unlawful for any sale~ ~erson or other person
in charge of a drug paraphernalia )lishment to knowingly
permit a person under the age of eigh een (18) years and
unaccompanied by his or her parent oI legal guardian to
enter any area of such establishment the minor may
view drug paraphernalia.
Sec. 10-311. Sale or
fer of drug paraphernalia
Upon tk~e sale or transfer of any interest in a
drug paraphernalia establishment, %e permit shall immediately
become null and void. A new appli¢ ~tion shall be made by
any person, firm or entity desirin¢ to own or operate the
drug paraphernalia establishment. A fee as established by
resolution of city council shall payable for each such
ORDINANCE NO. NS-1650
Page fourteen
application. Any application involving the sale or other
transfer of any interest in an existing drug paraphernalia
establishment, as well as any permit which may thereafter be
granted, shall be subject to the provisions of this Article.
Sec. 10-312. Change of location or name.
(a.) A change of location of any premises or real
property where a permitted drug paraphernalia establishment
is conducted may be approved by the chief of police provided
all requirements of this article and all ordinances and
regulations of the City of Santa Ana are complied with and
a change of location fee as established by resolution of the
city council is deposited with the director of finance.
Application for such change shall be made no later than
seven (7) days before such change.
(b.) No permit holder shall operate a drug para-
phernalia establishment under any name or designation not
specified in the permit.
Sec. 10-.313. Penalties.
Any person violating any provision of this Article
shall be guilty of a misdemeanor and be punishable by a fine
of not more than five hundred dollars ($500.00) or by imprison-
ment for not more than six (6) months or by both such fine
and imprisonment. Revocation or suspension of a permit
issued under this article shall not be a defense against
prosecution.
Sec. 10-314. Suspension or revocation of a permit.
If the city manager finds that any person holding
a drug paraphernalia establishment permit under the provisions
of this Article has violated any of the provisions of this
Article or conducts such business in such a manner as would
have been grounds for denial of a permit as set forth in
subsection (h) of section 10-302 of this Code, or if the
city manager finds that any person holding a salesperson
permit is engaging in behavior or actions which violate any
of the provisions of this Article, or which would have been
grounds for denial of a permit as set forth in subsection
(f) of section 10-306 of this Code he may suspend or revoke
the permit. No such suspension or revocation shall become
effective until the permit holder has been notified in
ORDINANCE NO. NS- 1650
Page fifteen
writing of the right of such permit holder to
suspension or revocation pursuant to the provisi¢
Chapter 3 of this Code. Notification of the
shall be made either by personal delivery or by
registered mail, return receipt requested, addr,
permit holder at such permit holder's
set forth on the application for a permit. If
appeal is filed, the suspension or revocation
stayed and shall become effective only upon
City Council. Otherwise the suspension or
become effective after the timely appeal
~t the
of
holder
or
to the
address as
~ timely
be
~lslon of the
~ion shall
has expired.
Sec. 10-315. Conducting as a nuis
Any drug paraphernalia es
conducted or maintained contrary to the
Article shall be and the same is hereby
unlawful and a public nuisance and the
addition to or in lieu of prosecuting a cr~
hereunder, commence an action or actions,
proceedings, for the abatement, removal
in the manner provided by law, and shall
steps and shall apply to such court or co~
jurisdiction to grant such relief as will
such establishment and restrain and enjoi
~t operated,
of this''
.ared to be
attorney may, in
action
~roceeding or
oinment thereof,
such other
as may have
abate or remove
any person from
operating, conducting or maintaining a
establishment contrary to the provisions
'ug paraphernalia
of this Article.
Sec. 10-316. Applicability ofiregulations to
existing business.
The provisions of this articl~ shall be applicable
to all persons and businesses described herein whether the
herein described activities were establ.shed before or after
the effective date of the ordinance ena
into law. Ail such persons and busines
(30) days from said effective date to
application fox permit with the chief
designated representative.
SECTION 2: If any sectiol
clause, phrase or portion of this ordil
reason held to be invalid or unconstit~
of any court of competent jurisdiction.
not affect the validity of the remainil
ordinance. The City Council of the Ci~
~ting this article
ses shall have thirty
ilea completed
police or his
~, subsection, sentence,
~ance is for any
[tional by the decision
such decision shall
~g portions of this
~y of Santa Ana hereby
ORDINANCE NO. NS- 1650
Page sixteen
declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation
thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
forQe and effect.
ADOPTED this day of , 1982.
ATTEST:
GORDON BRICKEN, Mayor
JANICE C. GUY, Clerk of the Council
COUNCILMEMBERS:
Bricken
Luxembourger
Acosta
Serrato
Griset
Markel
McGuigan
APPROVED AS TO FOP~:
EDWARD J. ~O0~_~ City Attorney