HomeMy WebLinkAbout2011/07/19 Item 04ORDINANCE N0.2011- SEGO^1D READING `~~~ ~~~~TIOI`1
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING MUNICIPAL CODE SECTION 5.02.060
CLARIFYING THE REQUIREMENT FOR
COMPLIANCE WITH FEDERAL LAW SPECIFYING
THAT CHULA VISTA BUSINESSES MUST, IN
ADDITION TO STATE AND LOCAL LAW, COMPLY
WITH FEDERAL LAW
WHEREAS, the Chula Vista Municipal Code business license provisions do not
specifically contain a requirement for compliance with federal law; and
WHEREAS, the Chula Vista Municipal Code needs to be amended to clarify that
a license holder must comply with every applicable law including federal regulations; and
WHEREAS, Chula Vista citizens have complained to the City Council and the
Public Safety Subcommittee about the significant health and safety threats posed to the
community by illegal Federal substances such a "spice" (artificial, synthetic marijuana
disingenuously sold as incense) and hallucinogenic crystals or powders (products
containing mephedrone and methylenedioxypyrovalerone [MDPV] disingenuously sold
as "bath salts"); and
WHEREAS, the Chula Vista Police Department recognizes that products
containing substances that are declared illegal under federal law yet continue to be sold in
City limits pose a public safety threat to the community and its youth; and
WHEREAS, there have been cases of serious illness or death relating to the use of
these products in California and nationwide; and
WHEREAS, the Chula Vista Municipal Code needs to be updated to include
language about compliance with federal regulations in order to provide City staff with
more enforcement options to eliminate these sales within City limits and/or any other
activity that violates federal law;
NOW, THEREFORE, the City Council of the City of Chula Vista does, hereby, ordain as
follows:
SECTION I. That section 5.02.060 of the Chula Vista Municipal Code be amended to
read as follows:
5.02.060 Issuance -Compliance with state,local and federal regulations required.
No license issued under the provisions of this chapter shall be construed as
authorizing the conduct or continuance of any illegal or unlawful business operated
in contravention of any of the laws of the city or the state or the federal government.
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An applicant for a business license shall have the responsibility for obtaining any
required state license, and the issuance of a license by the city shall not relieve an
applicant from obtaining any and all other permits or licenses required by state,local
or federal laws. Unless otherwise expressly provided by this code, any business
activity conducted within City limits in violation of federal, state or local law is
unlawful and is subject for enforcement proceedings as authorized by this code
including, but not limited to, civil penalties and abatement.
SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Chance Haw ' s
Deputy City Attorney
Approved as to form by
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Glen Googins
City Attorney
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