HomeMy WebLinkAboutORD 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:
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CITY ATTORNEY
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