HomeMy WebLinkAboutOrd 2011-3194ORDINANCE NO. 3194
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 clazify 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 aze 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.
Ordinance No. 3194
Page 2
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. 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 Hawkins
Deputy City Attorney
Approved as to form by
G n Goo '
Cit
Ordinance No. 3194
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July 2011, by the following vote:
AYAS: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, yor
ATTEST:
~~~~~ ~~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3194 had its first reading at a regulaz meeting held on the 12th day of July 2011
and its second reading and adoption at a regulaz meeting of said City Council held on the 19th
day of July 2011; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
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Dat Donna R. Norris, CMC, City Clerk