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Home My WebLink AboutORD 1980-012 ORDINANCE N0. 80-12 AN ORDINANCE AMENDING APPENDIX "A" OF THE CITY CODE OF GR.APEVINE, TEXAS , SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY ADDING A CHAPTER ENTITLED SPECIALTY AND ,� NOVELTY ESTABLISHMENTS; SAME BEING A CHAPTER REGULATING AND GOVERNING THE OPERATION OF A SPECIALTY AND NOVELTY ESTABLISHMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF GRAPEVINE , TEXAS; PROVIDING DEFINITIONS; PROVIDING FOR SUCH USES TO BE PERMITTED ONLY ON PROPERTY ZONED WITHIN THE CITY CODE OF GRAPEVINE, TEXAS , APPENDIX "A" CHAPTER 7 , SECTION 1000 , SAME BEING THE "SP" SPECIFIC USE PERMIT DISTRICT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, all notices required by law have been given in the manner provided by law; WHEREAS , all public hearings required by law have been conducted in the manner provided by law; WHEREAS , all other things required by law have been performed in the manner required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1.Amendment of Zonin Ordinance - Appendix "A" of �� the City Code o Grapevine, Texas , same eing the comprehensive zoning ordinance, is hereby amended by adding a chapter entitled "Retail Specialty and Novelty Establishments" shich shall contain �""'� the following provisions : Section 2.Definitions . For the purpose of this ordinance, the following words and phrases shall have the meaning respectively ascribed to them by this section: a. The term "primarily" is defined as gross monthly sales of special and novelty items representing more than 50'/0 of total sales . b. The term "specialty and novelty items" are defined as follows : 1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in the �� State Penal Code; 2. Kits used, intended for use, or designed for �, use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances , as the term "controlled substance" is defined in the State Penal Code; 3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the State Penal Code; 4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effec- tiveness or purity of controlled sub- stances , as the term "controlled sub- stance" is defined in the State Penal Code; � 5 . Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances , as the term "controlled substance" is defined in the State Penal Code; 6. Diluents and adulterants , such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances, as the term "controlled sub- stances" is defined in the State Penal Code; 7 . Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; 8 . Blenders , bowls , containers , spoons and �;,;, mixing devices used, intended for use, or designed for use in compounding controlled substances , as the term "controlled sub- �� stances" is defined in the State Penal Code; 9. Capsules , balloons , envelopes and other containers used, intended for use, or de- signed for use in packaging small quantities of controlled substances , as the term "con- trolled substances" is defined in the State Penal Code; 10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances , as the term "controlled substances" is defined in the State Penal Code; 11. Hypodermic syringes , needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances , as the term "controlled substances" is defined in the State Penal Code, into the human body; �„� 12 . Objects 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 pipes , with or without screens , permanent screens , hashish heads , or punctured metal bowls ; b. Water pipes; c. Carburetion tubes and devices ; d. Smoking and carburetion masks ; e. Roach clips : meaning objects used to hold burning material, such as a marijuana "�"" cigarette, that has become too small or to short to be held in the hand; f. Miniature cocaine spoons , and cocaine vials; g. Chamber pipes ; h. Carburetor pipes ; i. Electric pipes ; j . Air-driven pipes ; k. Chillums ; 1. Bongs ; m. Ice pipes or chillers ; 13. Wearing apparel containing obscene pictures or words , such apparel being T-shirts , belt- buckles , jewelry or any other wearing apparel. �, ,a 14. Salves , ointments , jells , creams , jellies , lotions and oils advertised as designed as a sexual stimulus . �:.;�, 15 . Magazines , books, records , cassettes , pictures , drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumtpion. 16. Incense. Section 3 . Not withstanding any provision of any ordinance or any City Code provision currently in effect in the City of Grapevine, Texas, the operation of a specialty and novelty es- tablishment permitted by the laws of the State of Texas , shall be regulated and governed as provided herein. Section 4. The operation of a specialty and mpve3.ty es- tablishment shall be illegal in the City of Grapevine, Texas unless on property zoned specifically for that purpose within the City Code of Grapevine, Texas, Appendix "A" , Chapter 7 , Section 1000, same being the "SP" Specific Use Permit District of the Comprehensive Zoning Ordinance. ,�,,,� Section 5 . Any person violating or failing to comply with any provision of this ordinance shall be fined upon conviction, not less than One Dollar ($1. 00) nor more than Two Hundred Dollars ($200. 00) and each day any violation of non-compliance continues shall constitute a separate offense. Section 6. It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections , paragraphs , sentences , clauses , and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases , clauses , sentences , paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrases , clauses , sentence, paragraphs or sections . Section. 7 . The fact that the present zoning ordinance and regulations of the City of Grapevine are inadequate to properly safeguard the health, safety, morals , peace and general welfare of the inhabitants of the City of Grapevine, creates an emergency for the immediate preservation of the public business , property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Grapevine and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS , this the 4th day of March, 1980. MAYOR ��" ATTEST: �x„� C T SEC APPROVE AS TO FORM: �� CITY ATTORNEY ��