ZONING ORDINANCE COMMITTEE THURSDAY, AUGUST 18, 2016 DALLAS DEVELOPMENT CODE AMENDMENT FILE NO. DCA 156-004
Paraphernalia Shop Regulations Planner: Diana Lowrance
Request:
Consideration of an amendment to the Dallas Development Code to define a new use, “Paraphernalia Shop,” and related regulations.
Background:
On February 8, 2016, Deputy Chief Hale of the Dallas Police Department briefed the Public Safety Committee on the drug K2, paraphernalia shops, and related public safety issues. Chief Hale outlined steps that could be taken to define and regulate paraphernalia shops, including: creating an inspection component (using the existing convenience store registration as a model) and establishing paraphernalia free zones around schools, churches, and within proximity of similar stores.
On March 28, 2016? April 11, 2016, the Public Safety Committee was briefed by the Sustainable Development & Construction Department, the Dallas Police Department, and the City Attorney’s Office on tobacco & paraphernalia shops. The briefing outlined how these establishments are currently regulated by the Dallas Development Code, public safety issues related to these types of establishments, and a proposed two-prong approach to some possible code amendments.
This amendment is one prong of a proposed two-prong approach identified by the Dallas Police Department, the City Attorney’s Office, and the Sustainable Development & Construction Department to address increasing public safety issues related to the shops that sell paraphernalia. Note: The second prong is an amendment to Dallas City Code, Chapter 12B (the Convenience Store Registration) that will be managed by the City Attorney’s Office and the Dallas Police Department.
General Info/Staff Analysis:
While Dallas City Code 31-32.1 prohibits illegal smoking products and related paraphernalia, these items are only illegal if they contain illegal smoking products. As such, these items are widely sold. However, these types of shops frequently harbor illegal activities such as gambling (eight-liners), synthetic marijuana and other drug sales, and prostitution. The Dallas City Code defines ”Illegal Smoking Paraphernalia” as any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product. Paraphernalia includes but is not limited to: a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe; a water pipe; a carburetion tube or device; a smoking or carburetion mask; a chamber pipe; a carburetor pipe; an electric pipe; an air-driven pipe; a chillum; a bong; or an ice pipe or chiller.
Currently, the Dallas Development Code does not have a land use that is specific to shops that sell paraphernalia (i.e., shops that sell any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product). These uses are issued certificates of occupancy under the general merchandise or food stores classification, which makes it difficult for the Dallas Police Department to know the exact location of these stores.
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The proposal establishes a land use category for the paraphernalia shop use and prohibits the use from being an accessory use to another main use. Specifically after the adoption of this ordinance, any new establishment that displays or offers for sale paraphernalia items, equipment, or products may only do so under a valid certificate of occupancy for “paraphernalia shop.”
Further, the use would only be allowed by Specific Use Permit in certain zoning districts and will have minimum distance requirements from similar shops, residential districts, and schools. Additionally, to discourage illegal activities, drive-in, drive-through, and walk-up windows will be prohibited.
Proposal:
Proposed Definition:
A Paraphernalia Shop is an establishment that displays or offers for sale paraphernalia items, equipment, or products commonly used, or commonly known to be used, for the ingestion, inhalation, preparation, or injection of illegal substances.
Proposed Permitted Zoning Districts:
By SUP only, in the CR Community Retail district, RR Regional Retail district, CS Commercial Service district, Industrial districts (LI, IR, and IM), and the Mixed Use Districts (MU-1, MU-2, MU-3).
Additional provisions:
- A paraphernalia shop may only be a main use that requires a certificate of occupancy. A paraphernalia shop may not be an accessory use within the meaning of Section 51A-4.217. - The outside sale, display, or storage of products is prohibited. - A paraphernalia shop may not have a drive-in, drive-through or walk-up window. - A paraphernalia shop may not be located within 1,500 feet, measured from property line to property line, of any other paraphernalia shop. - A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot in a residential district. - A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a public or private school.
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APPENDIX:
Dallas Development Code:
Land Uses In the Dallas Development Code with Distance Requirements from Residential, Churches, or Schools Land Use Minimum Distance Requirements Bus or rail transit vehicle 500 ft. (from a residential district) maintenance or storage facility 1000 ft. (from all conforming residential uses) Labor hall 500 ft. (from public or private school uses) 1000 ft. (from all lots containing residential, public or private schools, church, public park, Medical/infectious waste incinerator playground, or golf course uses) Metal salvage facility 500 ft. (from an R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH or MH(A) district) 300 ft. (from a habitable structure) Gas drilling and production 1500 ft. (from a protected use, including residential, churches and public or private schools) 1500 ft. (from a protected use, including residential, churches and public or private Gas pipeline compressor station schools) Municipal waste incinerator 1500 ft. (from all lots containing residential, churches and public or private schools) 1000 ft. (from all lots containing residential, public or private schools, church, public park, Pathological waste incinerator playground, or golf course uses) 1000 ft. (from residential districts; single family, duplex, multifamily uses; public parks and Halfway house recreational facilities; childcare facilities; and public or private schools) 1000 ft. (from a church, a public or private school elementary school, any residential use listed in Sec. 51A-4.209, except college dormitory, fraternity, or sorority house; any Overnight general purpose shelter residential district, historic overlay district, or public park; and other overnight general purpose shelters) Hazardous waste management 1000 ft. (of an established residence, church, school, or dedicated public park) facility Hazardous waste management 1500 ft. (from all lots containing residential, public or private school; church; public park; facility (operated as a hazardous playground; or golf course, convalescent or nursing home; medical clinic or ambulatory waste incinerator) surgical center and hospital uses) 1500 ft. (of any other alternative financial establishment) Alternative financial establishment 300 ft. (of a lot in a residential district) Animal Shelter or Clinic 1000 (from residential districts) 500 ft. (is required between this use and a single family, duplex, townhouse, clustered Vehicle storage lot housing, multifamily, or manufactured home district)
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How Other Texas Cities Define and Regulate Drug Paraphernalia Shops:
OTHER CITY USE DEFINITION DISTRICT ALLOWED REQUIREMENTS
Abilene Head Shop Any retail establishment open to the • Heavy Commercial • Must be 600 feet public that presents, displays, or offers • Light Industrial from a college for sale paraphernalia items, • Heavy Industrial university district equipment, or products commonly • Must be 600 feet used, intended to be used, or from a commonly known to be used, for the residentially ingestion, inhalation, preparation, or zoned property, injection of illegal substances… church, park or hospital • Must be 2,500 feet from a school • Must be 1,000 feet from another Head Shop Desoto Smoking A retail store where more than 15% of • Permitted by SUP in None Paraphernalia the gross square footage of the C1 and C2 districts Establishment establishment is dedicated to the sale, • May be approved in distribution, delivery, furnishing of PDs smoking paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingestion, inhaling or otherwise introduction into the body of tobacco, products prepared from tobacco, or controlled substances….
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OTHER CITY USE DEFINITION DISTRICT ALLOWED REQUIREMENTS
Garland Smoke Shop A commercial establishment to which • Permitted only upon None the public is admitted or invited approval of a which: (for sale, distribution or Specific Use exchange, for any form of Provision (SUP) in consideration, any items, the IN-Industrial instruments, devices, equipment, district accessories, or products that are intended, designed or marketed for use in the smoking or inhaling of any substance, including but not limited to tobacco, salts, incense, marijuana, hashish, hashish oil, cocaine or other controlled substances as defined in the Texas Health and Safety Code; and (ii) holds itself out, taking into account its business operations, its general inventory, and its commercial promotions whether on or off- premise, as encouraging or promoting the use of cannabis, illegal or controlled substances, or on which controlled substances are sold, marketed, or displayed even if marked as being sold for “novelty” or not for human consumption purposes. This definition does not include, and categorically excludes, commercial establishments that derive more than 75% of their revenue from the sale of the following tobacco products contained in the original manufacturer package: cigarettes, cigars, pipe tobacco, snuff, or chewing tobacco.
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OTHER CITY USE DEFINITION DISTRICT ALLOWED REQUIREMENTS
Laredo Drug & Tobacco Any premise or establishment having • By SUP only in the M-1 • May be not be Paraphernalia a substantial or significant portion of (Light Manufacturing) located within Shop its stock in trade in drug and M-2 (Heavy 800 feet of any paraphernalia or Manufacturing) districts residential zoned district, church, public or private, elementary, middle or high school, licensed day care, college or university, public playgrounds, parks or stadiums • Hours limited to 8:00 a.m. to Midnight
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OTHER CITY USE DEFINITION DISTRICT ALLOWED REQUIREMENTS
Richardson Controlled Controlled substance • Permitted by SUP in Subject to the laws of Substance paraphernalia shop means an the C-M the State of Texas Paraphernalia establishment for the sale of any Commercial district Shop instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil, cocaine or any other controlled substance. For purposed of this appendix, “paraphernalia” shall be defined by the laws of the State of Texas.
San Antonio Head Shop A retail establishment having a • Permitted by right in • May not be substantial or significant portion of the ERZD (Edwards within 1,000 feet its stock in trade in or which has Recharge Zone of a residentially as its main purpose the offering district) zoned property; for sale of paraphernalia or items • Permitted by SUP in church; hospital; designated or marketed for use the C-3 Commercial community with illegal cannabis or drugs district center; museum; park; or school
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