Public Safety Committee

Regular Meeting

Columbia, SC · September 27, 2022

Minutes

COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 The Columbia Public Safety Committee met on Tuesday, September 27, 2022 at City Hall (Mayor's Conference Room), 1737 Main Street, Columbia, SC. Chairman Duvall called the meeting to order at 1:02 p.m. Attendee Name Title Status Howard E. Duvall Chair Present Tina N. Herbert District I Present Joe E. Taylor District IV Present ADOPTION OF THE AGENDA There was consensus of the committee to adopt the agenda as presented. COMMITTEE DISCUSSION 1. Proposed Distance Requirements for Smoke or Vape Shops Councilor Duvall recalled that we were preparing to get this on the agenda two weeks ago and questions were raised by the convenience store association about the exemption for tobacco sales which is in the definitions section. It gives them 200 sq. ft. to display tobacco products without falling under the purview of this ordinance. We pulled it from the agenda and asked them to poll their members to see if 200 sq. ft. of display space is enough for their tobacco products. Michael Fields, Executive Director at the South Carolina Convenience & Petroleum Marketers Association confirmed that 200 sq. ft. is sufficient for them to be exempted from the intent of this ordinance. Unless there are any other questions about this ordinance, we can move this back to the Council agenda. Upon a motion made by Ms. Herbert and seconded by Mr. Taylor, committee members voted unanimously to recommend approval of the proposed Distance Requirements for Smoke or Vape Shops. The proposed ordinance will be sent to the Planning Commission for a recommendation to City Council. 2. Proposed Resolution to Consider Ordinance 2022-081 and Invoking the Pending Ordinance Doctrine with Respect to this Ordinance Councilor Duvall explained that this is an amendment to the zoning laws and it has to go to the Planning Commission. It will come back to Council. In order for us to have the protection of the pending ordinance, we want to have this resolution that will cover us from having to license any vape shops while this is being taken up by the Planning Commission. Public Safety Committee September 27, 2022 Meeting Minutes - Page 1 of 7 COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 Upon a motion made by Mr. Duvall and seconded by Ms. Herbert, committee members voted unanimously to recommend approval of the proposed Resolution to Consider Ordinance 2022- 081 and Invoking the Pending Ordinance Doctrine with Respect to this Ordinance. [City Council deferred consideration of the resolution on September 20, 2022.] 3. Proposed CBD Disclosure Ordinance Councilor Taylor explained that everybody advertises the good news without telling the young people of Columbia the bad news and that is consumption of THC and CBD products may cause you to fail a drug test. We are proposing that sellers of cannabis products that contain THC (delta eight, delta nine, delta ten, and HHC) are required to place warning signs in the areas where they sell these products warning purchasers that the product may cause them to fail a drug test. It can be legal, but still cause you to fail a drug test and cause you to lose your job. We are seeing it in high schools, too. It is important to get the message out there. Councilor Duvall asked how to interpret "these signs must be 50% of the purveyor’s signage of the shop and its product signage"? Is that all of the signage? Councilor Taylor said it is for CBD signage and anything cannabis driven. Councilor Herbert asked if the language needed to be clarified. James Knox, Esq., Senior Assistant City Attorney said the notice sign has to be equal to or greater than 50% of the sign that is advertising the actual CBD product. Teresa Knox, Esq., City Attorney suggested deleting “signage of the shop”. Is the intention to schedule the items for next week? Councilor Taylor said yes. Upon a motion made by Mr. Duvall and seconded by Ms. Herbert, committee members voted unanimously to move the proposed CBD disclosure ordinance forward to Council subject to removing “signage of the shop”. Public Safety Committee September 27, 2022 Meeting Minutes - Page 2 of 7 COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 4. Proposed Ordinance Establishing the Manner and Times of Lawful use of Fireworks and Proving Certain Civil Penalties for Violations thereof James Knox, Esq., Senior Assistant City Attorney explained that the fireworks ordinance mirrors the ordinance that Richland County is currently considering. This proposal prohibits the discharge of fireworks in the City of Columbia between 11:00 p.m. and 7:00 a.m. However, on the Fourth of July and New Year’s Eve that window would be extended until 12:30 a.m. Paragraph (h) exempts any fireworks display that receives a permit from the city and state fire marshal. Paragraph (c) outlines unlawful activities. Violations are subject to a civil penalty of up to $100. After three violations within a six month period, that location could be declared a public nuisance. Paragraph (f) states that nothing in this section may be construed to prohibit within the City the use of flares or similar devices necessary for the safe operation of railroads, buses, trucks, or other vehicles within the City or that is necessary during emergencies. Councilor Taylor asked how this might affect minor league baseball games. Councilor Duvall said they are exempt. George Adams, Fire Marshal said they will get one permit. Councilor Duvall sought clarification on the unlawful activities in paragraph (c). Chief Aubrey Jenkins, Columbia Fire Chief said churches will have a display on certain holidays. Our fire marshals will go out and verify the distances. James Knox, Esq., Senior Assistant City Attorney clarified that a permit exempts them from the time restrictions in paragraphs (a) and (b), unless you want to include paragraph (c). Councilor Taylor said a permit should exempt them from all of the regulations. Councilor Herbert disagreed. Maybe we should add (c) (4) to the exemption. George Adams, Fire Marshal said the 600’ distance requirement is state law. Councilor Taylor asked if an ordinance is necessary. Chief Aubrey Jenkins, Columbia Fire Chief said we receive complaints about people shooting fireworks after hours. Public Safety Committee September 27, 2022 Meeting Minutes - Page 3 of 7 COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 Councilor Duvall asked if we currently have a fireworks ordinance. James Knox, Esq., Senior Assistant City Attorney said we don’t have a fireworks ordinance but we do have provisions that apply to fireworks. For example, it is unlawful to possess, explode or ignite fireworks in city-owned parking facilities unless you have a permit from the city. You can’t discharge fireworks in a city park or recreational facility without a permit. Councilor Herbert said I have heard from people with dogs that are sensitive to fireworks so it is better to have a certain period of time. I have also heard this from veterans with PTSD. Chief Aubrey Jenkins, Columbia Fire Chief asked if the ordinance addresses shooting fireworks away from residences. We also tell people not to shoot on dry grass. Councilor Duvall said (c) (1) includes structures. Upon a motion made by Ms. Herbert and seconded by Mr. Taylor, the committee members voted unanimously to recommend approval of the proposed ordinance establishing the manner and times of lawful use of fireworks and proving certain civil penalties for violations thereof subject to including paragraph (c) (4) as an exemption to paragraph (a) if you have a permit. [First reading consideration is scheduled for October 18, 2022.] 5. Code Enforcement Violations - Mr. David Hatcher, Housing Official / Columbia Police Department Councilor Taylor said I asked for this to be referred to the committee because of the things we have been working through. Are our fines adequate to compel people to correct some of the code violations we are seeing in residential neighborhoods? I have received a lot of comments about the appearance of the city. Neighborhood leaders accumulate and send us full reports of issues in their neighborhoods. In some cases, people pay the fine and leave it like it is. What can we do to inspire folks? Do you have the right tools to compel them to bring it up to code? Do we need a public awareness campaign? I didn’t know that property owners are responsible across the sidewalk and all the way to the curb. I don’t know how many people understand that. I know you are in the process of hiring additional code compliance officers. A large television has been on the side of Gervais Street for a month. What can we do to make our city shine again? Public Safety Committee September 27, 2022 Meeting Minutes - Page 4 of 7 COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 David Hatcher, Housing Official said we are in the process of putting together a public service campaign for October. The right of way is an example of what we will tell people about along with the top ten things we enforce. Councilor Taylor asked that the information be sent electronically to neighborhood groups on a regular basis. I would like for us to talk to the television stations about public service announcements. David Hatcher, Housing Official said that is part of the plan and we will shoot videos of actual violations. Councilor Herbert said the media would be interested in it, too. Councilor Taylor said I wonder if people realize that we don’t pick up tires. We need to make the public aware, make sure we have the fines in place, and we need a yard of the month program. You told me that 90% of the people take care of the problem immediately. We need to figure out how to motivate the 10%. David Hatcher, Housing Official said we hope the media campaign will result in less cases. Part of the campaign would be to encourage people to be proactive and take pride in their community. Councilor Taylor said we are going to talk to Mr. Cliff Judy about his yard of the month program in the Belmont Community. We can have an annual program where the neighborhood associations nominate yards for various categories. I believe in the broken windows theory. The better looking the neighborhoods are, the lower the crime and the lower the dropout rate. Councilor Herbert concurred. The neighborhoods with yard of the month programs tend to take care because people are naturally competitive. I commend David because he has been working overtime in District One. The Greenview Community asked about increasing the fines. I want to hear any guidance you may have about that. What are the fines? David Hatcher, Housing Official said we two primary fines. There is a criminal offense penalty which is when we issue a uniform ordinance summons and that takes them to municipal court. It is set by the state and the max is $500. If we write you a summons to go to court, it is a criminal offense. If you are found guilty for not cutting your grass that goes on your criminal record. Civil fines are tied to permits. The rental ordinance has fines for failure to comply and fines are tied to the point system. They are not criminal in nature. Public Safety Committee September 27, 2022 Meeting Minutes - Page 5 of 7 COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 Councilor Taylor asked if we have trouble finding landlords. David Hatcher, Housing Official said it depends on the issue. If it is a care of premise issue like litter, debris, and overgrowth, we will write the summons to the tenant and notify the owner. The home owners receive a summons for structural issues and things that are not the tenant’s responsibility. Councilor Taylor asked about the process for a property with overgrowth. David Hatcher, Housing Official said everything has to be in writing. Per the Property Maintenance Code, we mail a notice of violation. If it is a structural issue we send the notice as certified mail. If it is for care of premise, we put it in the regular mail. We give them a timeframe for getting the work done. Councilor Taylor said I would look at doing a door tag for warnings. Councilor Duvall said we also have the ability to impose a fine each day. David Hatcher, Housing Official said it is per violation, also. We will start being more aggressive. The state caps the fine at $500 and it is at the discretion of the judge. We use door hangers for things that are not technically violations but may look bad. Councilor Taylor said you can leave a door tag and come back 10 days later to check. David Hatcher, Housing Official said these are criminal offenses and we would have to prove that they were notified. That is why we use letters. Councilor Herbert said the properties with problems, have had problems for a long time and they are beyond the warning stage. In District One, we walk on Wednesdays. I walk with neighbors as they point out houses. I take pictures and send them to David to determine if there are violations. Some people don’t know the difference between violations and just not liking something. This is simple but it works. Councilor Duvall asked if officers can automatically generate letters while onsite. David Hatcher, Housing Official said I will talk to Chief Holbrook. That would go a long way. Councilor Taylor asked for an update on personnel. Public Safety Committee September 27, 2022 Meeting Minutes - Page 6 of 7 COLUMBIA PUBLIC SAFETY COMMITTEE MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022 David Hatcher, Housing Official said we are filling three of the six vacancies for housing inspectors. We also have one vacancy for a customer service representative and one crew member that I hope to fill in the next few months. I will talk with legal about the door tags and other options for fines. We have what we need in place. We may need to change some procedures and policies, be stricter with repeat offenders, look for alternatives and come back with any proposed ordinance changes. Councilor Herbert said I have been harping on making sure the property owners are receiving the bills when David and his folks have to correct the problem. Maybe we need to look at those fees and fines. Maybe with a stiffer fine, they will realize that they need to maintain their own properties instead of waiting on us to do it. Councilor Taylor thanked the Columbia Police Department for coming together to address the homeless situation at Forest Drive and I-77. Folks were allowing the homeless to camp on their property and having the Code Enforcement Division involved in this is something we needed to do for a long time. You are making a real difference. We are going to Garners Ferry Road next. ADJOURNMENT The meeting was adjourned at 1:38 p.m. Respectfully submitted: Erika D. Moore Hammond, CMC City Clerk Public Safety Committee September 27, 2022 Meeting Minutes - Page 7 of 7

Agenda

Packet

COLUMBIA PUBLIC SAFETY COMMITTEE MEETING AGENDA TUESDAY, SEPTEMBER 27, 2022 The Columbia Public Safety Committee will conduct a meeting on Tuesday, September 27, 2022 at 1:00 p.m. in the Mayor’s Conference Room at City Hall, 1737 Main Street, Columbia, SC 29201. Members of the public may view the meeting online at www.columbiasc.gov. For additional information, please contact the City Clerk’s Office at (803)545-3045 or cityclerk@columbiasc.gov. The Honorable Howard E. Duvall, Jr., Chair The Honorable Tina N. Herbert  The Honorable Joe E. Taylor, Jr. Prior to entering the meeting please turn all electronic communication devices to the silent, vibrate or off position. All presenters are asked to speak directly into the microphone for recording purposes. CALL TO ORDER ADOPTION OF THE AGENDA COMMITTEE DISCUSSION 1. Proposed Distance Requirements for Smoke or Vape Shops 2. Proposed Resolution to Consider Ordinance 2022-081 and Invoking the Pending Ordinance Doctrine with Respect to this Ordinance 3. Proposed CBD Disclosure Ordinance 4. Proposed Ordinance Establishing the Manner and Times of Lawful use of Fireworks and Proving Certain Civil Penalties for Violations thereof 5. Code Enforcement Violations - Mr. David Hatcher, Housing Official / Columbia Police Department ADJOURNMENT Page 1 of 1 1.a ORDINANCE NO.: 2022-081 Attachment: O_2022_081_Smoke_or_Vape_Shops_Distance_Requirement (7946 : Proposed Distance Requirements for Smoke or Vape Shops) Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, (Unified Development Ordinance), Article 4, Use Regulations, Section 17-4.2, Principal Uses, to add Provisions Governing Smoke or Vape Shops, and Article 9, Definitions and Measurements, to add Definitions concerning Smoke or Vape Shops WHEREAS, the regulation of smoke and vape shops is necessary and in the interests of the public health, safety and general welfare because there has been an increase of the establishment and operation of smoke and vape shops in the City of Columbia. The proliferation of smoke and vape shops in the City would result in undesirable impacts to the community. Among these impacts are increased potential for minors to be exposed to and therefore use or aspire to use tobacco products, nicotine products and vape products; adverse health consequences of using tobacco products and vape products; and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This ordinance contains amendments consistent with good zoning and planning practices to address such negative impacts of smoke and vape shops while providing a reasonable number of locations and zones for such shops/stores to locate within the City of Columbia. NOW THEREFORE, BE IT ORDAINED by the Mayor and Council this ________ day of ___________________, 2022, that the City of Columbia’s Unified Development Ordinance, Article 4, Use Regulations, Section 17-4.2, Principal Uses, and Article 9, Definitions and Rules of Measurement, Section 17-9.4, is amended to add the following: Section 17-9.4, Definitions ALTERNATIVE NICOTINE PRODUCT A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. An “Alternative Nicotine Product” does not include Tobacco Products, or any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, which is being marketed and sold solely for that approved purpose. CANNABIS Any derivatives, compounds, extracts, cannabinoids, isomers, acids, salts, or salts of isomers of the species Cannabis Sativa L., excluding marijuana as defined by S.C. Code Ann. § 44-53-110(27)(a), with a tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp as defined in 7 U.S.C. § 5940, whichever is greater. “Cannabis” includes, but is not limited to, full-spectrum Cannabidiol (CBD), Delta-8 THC, Delta-9 THC, Delta-10 THC and HHC. INCIDENTAL OR ANCILLARY USE A display or sale by a grocery store, supermarket, convenience store, gas station, or similar retail business that uses no more than two percent (2%) of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of one or more of the following: Tobacco Products, Alternative Nicotine Products, cigarettes containing Cannabis, Smoking Paraphernalia, and/or Vape Products. For any grocery store, market, retail kiosk or similar business consisting of 250 square feet or less, “Incidental or Ancillary Use” is defined as no more than five (5) square feet being used for the display, sale, distribution, delivery, offering, furnishing, or marketing of Tobacco Products, cigarettes containing Cannabis, Smoking Paraphernalia, and/or Vape Products. Last Revised 8/18/22 Packet Pg. 2 1.a Attachment: O_2022_081_Smoke_or_Vape_Shops_Distance_Requirement (7946 : Proposed Distance Requirements for Smoke or Vape Shops) SMOKE OR VAPE SHOP Any retail store located within the City of Columbia, with more than an Incidental or Ancillary Use, that displays, sells, distributes, delivers, offers, furnishes or markets one or more of the following: 1) Alternative Nicotine Products; 2) Vape Products; 3) Tobacco Products; 4) cigarettes, cigars, dried or shredded plant material, flowers, smoking blends, and similar products that are smoked or inhaled and contain Cannabis or Synthetic Cannabinoids; or 5) Smoking Paraphernalia. SYNTHETIC CANNABINOIDS A class of artificially-made chemicals that are cannabinoid receptor agonists intended to replicate, mimic, or cause a similar reaction to the psychoactive effects of marijuana. These compounds may be found in products marketed as incense, herbal blends or mixtures, synthetic marijuana, or potpourri, and labeled as Spice, K2, Green Giant, Smacked, Wicked X, AK-47, Geeked Up, Ninja, Caution, Red Giant, Keisha Kole, XXX Ultra, Skunk, Atomic and other names, however named. TOBACCO PRODUCT Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug-cut, crimp-cut, ready rubbed and other smoking tobacco; snuff; snuff flowers; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe, or other tobacco related devices. Tobacco Products do not include any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. SMOKING PARAPHERNALIA Any paraphernalia, equipment, device, or instrument that is designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of Tobacco Products, Cannabis Products, Synthetic Cannabinoids, or controlled substances as defined in S.C. Code Ann. § 44-53-110. Items classified as Smoking Paraphernalia include but are not limited to: pipes, ice pipes or chillers, air-driven pipes, water pipes, bongs, water bongs, hookahs, punctured metal bowls, and roach clips. VAPE PRODUCT Any non-combustible product, which may or may not use or contain a Cannabis Product, Alternative Nicotine Product, or Synthetic Marijuana, that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from a liquid solution or any other form. “Vape Product” includes devices called e- cigarettes, electronic cigars, electronic pipes, vaporizers, vaporizer cartridges, vapes, e-hookahs, vape pens, pod mods, box mods, puff bars, tanks or mods, sub-ohm tanks, vaporizers, dab pen, or similar product or device. “Vape Product” also includes e-juice, vape juice, and e-liquid containing an Alternative Nicotine Product, Cannabis, or Synthetic Cannabinoids. “Vape Product” does not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the United States Food, Drug, and Cosmetic Act. Last Revised 8/18/22 Packet Pg. 3 1.a Section 17-4.2(B)(4), Principal Use Table Attachment: O_2022_081_Smoke_or_Vape_Shops_Distance_Requirement (7946 : Proposed Distance Requirements for Smoke or Vape Shops) Retail Sales Uses … Smoke or Vape Shop, allowed conditionally in Zoning Districts NAC, CAC, RAC, DAC, GC, MC, and LI. Section 17-4.2(c)(3)(e), Standards for Specific Principal Uses, Commercial Uses, Retail Sales Uses … 3. Smoke or Vape Shops (i) All Smoke or Vape Shops wishing to operate within the Zoning Districts NAC, CAC, RAC, DAC, GC, MC, and LI must meet the following conditions: a. Smoke or Vape Shops shall not be located within 1,000 feet from a public or private K-12 school, child day care facility, youth center, recreational facility, park, church or religious institution, or community center. b. Smoke or Vape Shops shall not be located within 1,000 feet from another Smoke or Vape Shop. If any section, subsection, or clause of this ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. This ordinance shall take effect upon the date of final reading. Requested by: Councilman Howard Duvall ____ ________________________________ Mayor Approved by: _________________________________ City Manager Approved as to form: ATTEST: __________________________________ ________________________________ City Attorney City Clerk Introduced: Final Reading: Last Revised 8/18/22 Packet Pg. 4 2.a RESOLUTION NO.: R-2022-074 Attachment: R_2022_074_Pending_Ordinance_Doctrine_Vape_Shops (7948 : Proposed Resolution to Consider Ordinance 2022-081 and Resolving to Consider Ordinance No.: 2022- 081 Amending the 1998 Code of Ordinances, Chapter 17 (Unified Development Ordinance), Article 4, Use Regulations, Section 17-4.2, Principle Uses, to add Provisions Governing Smoke or Vape Shops, and Article 9, Definitions and Measurements, to add Definitions concerning Smoke or Vape Shops; and, Setting and Advertising to the Public the Date of a Public Hearing on this Ordinance; and, referring this Ordinance to the Planning Commission for its Consideration; and Invoking the Pending Ordinance Doctrine with Respect to this Ordinance WHEREAS, the City of Columbia (hereinafter, "the City") has experienced a growing number of Smoke or Vape Shops within the corporate limits of the City; and WHEREAS, the proliferation of Smoke and Vape Shops in the City would result in undesirable impacts to the community, including increased potential for minors to be exposed to and therefore use or aspire to use tobacco products, nicotine products and vape products; adverse health consequences of using tobacco products and vape products; and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses; and NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Columbia this _ _ _ day of , 2022 that: 1. Council shall consider the attached Ordinance Amending the 1998 Code of Ordinances, Chapter 17 (Unified Development Ordinance), Article 4, Use Regulations, Section 17-4.2, Principle Uses, to add Provisions Governing Smoke or Vape Shops, and Article 9, Definitions and Measurements, to add Definitions concerning Smoke or Vape Shops ("Smoke or Vape Shop Ordinance"); and 2. The Smoke or Vape Shop Ordinance is hereby referred to the City of Columbia Planning Commission for review and preparation of recommendations to City Council during its meeting on October 13, 2022; and 3. Council hereby sets a zoning public hearing on the Smoke or Vape Shop Ordinance for November 15, 2022 in Council Chambers during its regularly scheduled Council meeting ; and 4. Pursuant to South Carolina law, Council hereby invokes the pending ordinance doctrine with respect to the Smoke or Vape Shop Ordinance. IT IS SO RESOLVED. Requested by: Councilman Howard Duvall Mayor Approved by: City Manager Approved as to form: Attest: ~ City Attorney City Clerk Introduced: Final Reading: Last revised: 8/ 1812022 22013876 Packet Pg. 5 3.a ORDINANCE NO.: 2022-_______ Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, to add Article XIII, Purveyors of Cannabis Products Attachment: Draft_Ordinance_CBD_Disclosure_8_11_22 (7945 : Proposed CBD Disclosure Ordinance) BE IT ORDAINED by the Mayor and Council this ________ day of ___________________, 2022, that the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, is amended to add Article XIII as follows: Article XIII: Purveyors of Cannabis Products (a) Definitions. “Cannabidiol,” or CBD, is defined as a chemical compound from the species Cannabis Sativa L. of the plant family Cannabaceae. “Cannabis” is defined as any derivative, compound, extract, cannabinoid, isomer, acid, salt, or salts of isomers of the species Cannabis Sativa L., excluding marijuana as defined by S.C. Code Ann. § 44-53- 110(27)(a), with a tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp as defined in 7 U.S.C. § 5940, whichever is greater. “Cannabis” includes, but is not limited to, full-spectrum Cannabidiol (CBD), Delta-8 THC, Delta-9 THC, Delta-10 THC and HHC. “Product” is defined as any item for sale that contains Cannabis and is intended for human ingestion, including capsules, candies, soft chews, gummies, vapor cartridges, cigarettes, flowers, extracts, teas, honey, chocolates, and patches. “Purveyor” is defined as a retail store physically located within the corporate limits of the City of Columbia that makes available for sale Cannabis Products to persons entering or shopping at the store. The term Purveyor includes Cannabis shops, vape shops, health and wellness establishments, grocery stores, and any other retail business that sells any type of Cannabis Product. (b) Disclosure Requirement Purveyors of Cannabis Products shall post clear and conspicuous signage on or near displays of Cannabis Products stating that consumption or use of Cannabis Products may cause a person to fail a workplace drug screening test. These signs must be equal to 50% of the size of the Purveyor’s signage of the shop and its product signage. If any section, subsection, or clause of this ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. This ordinance shall take effect upon the date of final reading. Last revised 8/11/12 Packet Pg. 6 3.a Requested by: Councilman Joe Taylor ________________________________ Attachment: Draft_Ordinance_CBD_Disclosure_8_11_22 (7945 : Proposed CBD Disclosure Ordinance) Mayor Approved by: _________________________________ City Manager Approved as to form: ATTEST: __________________________________ ________________________________ City Attorney City Clerk Introduced: Final Reading: Last revised 8/11/12 Packet Pg. 7 4.a Attachment: 2022-083 - Draft Firework Ord (7937 : Proposed Ordinance Establishing the Manner and Times of Lawful use of Fireworks) ORDINANCE NO. 2022-083 Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter _ _, Article , to add Sec. _ -_ _ "Discharge ofFireworks" Establishing the Manner and Times of Lawful use of Fireworks and Proving Certain Civil Penalties for Violations thereof WHEREAS, pursuant to S.C. Code Ann. § 5-7-30, each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general laws of this State, necessary for the security, general welfare, and preservation of peace and order within the municipality; and WHEREAS, City Council has found that the use of fireworks, although an enjoyable activity by many residents, can cause annoyance to citizens due to loud and persistent noise and may negatively impact citizens' quality of life, particularly when discharged at times that disturb the sleep of those in the vicinity of the discharge; and WHEREAS, the City Council has found and determined that, for the promotion of the health and welfare and the preservation of peace and order within the City, it is necessary to enact this Ordinance which balances the interests of citizens who wish to sensibly use fireworks with the needs of citizens who are concerned with firework discharge during sleeping hours; and BE IT ORDAINED by the Mayor and Council this day of _ _ _ _ _ _ _ _ , 2022, that the 1998 Code ofOrdinances ofthe City ofColumbia, South Carolina, Chapter - - -, Article - - - -, is amended to add Section - - -, "Discharge of Fireworks" to read as follows: SECTION 1. The Code of Ordinances, City of Columbia, South Carolina, is hereby amended by adding Sec. _-_ , to read as follows: Sec._ -_ . Discharge of Fireworks. a) Except as otherwise provided in this section, it is unlawful for a person to use, discharge, shoot, or ignite fireworks or similar explosives within the City between the hours of 11 :OOPM and 7:00AM. This section may not be construed to prohibit the discharge or lighting of sparklers or similar pyrotechnic products which generate no appreciable noise at any time. For the purposes of this section, "fireworks" is a term as defined by S.C. Code Ann. § 40-56-20. La st revised: 9/19/2022 22014215 Packet Pg. 8 4.a Attachment: 2022-083 - Draft Firework Ord (7937 : Proposed Ordinance Establishing the Manner and Times of Lawful use of Fireworks) b) Notwithstanding the prov1s10ns of subsection (a), the permitted hours for the use of fireworks must be extended on the Fourth of July and New Year's Eve. Therefore, it is only unlawful for a person to use, discharge, shoot, or ignite fireworks or similar explosives within the City between the hours of 12:30AM and 9:00AM on July 5th and January 1st. c) It is unlawful to: 1. Negligently, recklessly, or intentionally direct the discharge of fireworks towards a structure, animal, or person; 2. Intentionally detonate fireworks upon the land of another without express prior consent; 3. Offer for sale or sell permissible fireworks to children under the age of fourteen (14) years unless accompanied by a parent; 4. To ignite or detonate fireworks within six hundred (600) feet of a church, hospital, public school; 5. To ignite or detonate permissible fireworks within a motor vehicle or discharge a permissible fireworks from a motor vehicle; and 6. To place or throw an ignited firework into or at a motor vehicle. d) A violation of this section is punishable by a civil penalty of up to one hundred dollars ($1 00). Each violation of this section may be punished as a separate offense. e) After three separate violations in a single location over a period of six months, the location can be declared to be a public nuisance and subject to the nuisance provisions of Chapter 8, Article II of the Columbia City Code. f) Nothing in this section may be construed to prohibit within the City the use of flares or similar devices necessary for the safe operation of railroads, buses, trucks, or other vehicles within the City or that is necessary during emergencies. g) Nothing in this section shall be read to supersede or otherwise be exempt from the requirements of Columbia City Code Chapter 9 - Fire Prevention and Protection. h) Any firework display permitted by the City and state Fire Marshall is exempt from subsection a) and b) of this section. SECTION 2. Should any part or provision of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of the remaining portions of this Ordinance, the city council hereby declaring that it would have passed this Ordinance irrespective of the fact that any one or more parts or provisions may be declared to be unconstitutional, invalid, or otherwise ineffective. SECTION 3. This ordinance shall become effective upon second reading. Last revised: 9/ 19/2022 22014215 Packet Pg. 9 4.a Requested by: Attachment: 2022-083 - Draft Firework Ord (7937 : Proposed Ordinance Establishing the Manner and Times of Lawful use of Fireworks) Co uncilman Howard Duvall Mayor Approved by: City Manager Approved as to form: ATTEST: City Clerk Introduced: Final Reading: La st revised : 9/19/2022 22014215 Packet Pg. 10