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postheadericon The "anti" Planet K ordinances in detail

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Here is a little more detail on exactly what the City Council did on Monday night (April 4th) to lay the legal foundation for preventing the opening of a Planet K 'head shop" in the old Trading Post building on Highway 71.

There are limits to what the City can do as the population is under 5,000 - making it a "General Law" City which is effectively bound by State Law with a few local variations. Breach of any of the ordinances would be class B misdemeanors.

Planet K has a history of challenging City's powers to use ordinances to restrict their business, store design and decoration as well as what they can sell.

The new ordinances have the potential to lead to Police action as well as the more usual forms of permit denial and Court action to force code compliance.

The four ordinances passed can be summarized as follows:

#76 - makes it illegal to sell or possess certain cannabis substitutes and other hallucinogens as well as certain items of drug paraphernalia and equipment which remain legal under current Texas Law.

#77 - creates a type of business known as a Sexually Oriented Businesses (SOB) that have specific licensing requirements and penalties for their breach. The classification is usually based on the percentage of revenue derived from relevant products. Planet K is NOT classified as an SOB in Austin, San Antonio or San Marcos.

#78 - forces building permit applicants to declare the nature of their business in detail in the permitting process.

#79 - extends the definition of signage to include murals and other "devices" including planters on buildings facing public streets. Planet K has a history of painting large murals on its premises and using old cars as planters and signs.

Comments (13)
  • Bob Dobalina  - To the anti-capitalists
    You anti-capitalist, anti-freedom types who are opposed to this store would probably be happier in a country with less freedom.
  • sdg  - To the libertarians
    There is "freedom of" and then there is "freedom from". I think many of the people who oppose Planet K opening a shop in Bee Cave are focused on the second concept: freedom from having such an unpleasant business in their neighborhood.

    A similar concept is one that was originally controversial, but is now generally accepted: your freedom to smoke does not trump my freedom from lung cancer.

    So it's really not about freedom. It's about setting the tone and character of the city we want to live in.
  • RK  - Freedom From?
    You don't have any "freedom from", besides not visiting the place. If you don't like it, don't go there. It doesn't have an effect on you unless you go into it. But don't tell people that they can't open whatever they want on their own property.

    What's with this "we"? This isn't "we", this is what you want. Don't speak for all of us. In fact, if you look at polls, more people seem to want a Planet K, then not.
  • sucha
    RK are you still here. What polls are you talking about? Come on quit shoveling the crap. You should have done a little more research about your bat guano store before you purchased the property.
  • RK  - What?
    Excuse me? Get some glasses. It's on the front page. Secondly, it's not my store. I'm just an citizen. Quit assuming things. Thirdly, the law says its legal, for a place selling legal goods to be there. It's on our side, not yours.
  • AJ  - Good job city council
    Looks like the City did a great job with what they had to work with. Planet K caters to a niche and should be profitable in this area. The City outlined the major concerns most of us have and did what they could to put limits on them. Let's face it, most of us won't even notice that the place is there... and the mural looks fine. Everyone exhale now...

    Unfortunately, it's one of the few businesses that can succeed in this market. What brick and mortar can compete with the low overhead and no sales tax advantage that the internet stores offer? Not fair... need to get a federal mandated sales tax on internet/mail order stores ASAP.
  • Anonymous  - You don't have to shop there
    why would the city council try to prevent a tax paying business with legitimate goods from moving in a selling their goods in Bee Cave. If you don't want to shop there, don't. I hope Victoria's Secret want to open a store and gets blocked because they are a SOB.
  • Sam  - Democracy and Hypocrisy
    Damn, I hate gettin' sucked into these kind of debates as if a couple of news stories and local comments are going to actually change what will ultimately happen. Still, clue into this for the next "incredible development" in Bee Cave.

    Everyone who sat on their ass (including myself) while Planet K came in and started remodeling their new location, just KEEP sittin' on it and let the elected officials handle things the best they know how. THAT is why YOU elected them.....to take care of city-related stuff and free YOU up from dealing with it. So, no need to come out half-cocked with the solutions and the comments, now.

    We have soldiers dealing with and dieing for REAL issues with UNDETERMINED PATHS and UNDETERMINED OUTCOMES overseas, and here we are, neighbors and citizens, being ugly with each other over an issue that will be determined by the Planet K Business Executives, the Bee Cave City Council, and the applicable Judicial System. (ie: NOT YOU AND I)

    If anyone needs a basic lesson in democracy and municipal politics, head down to a nearby middle school and sit in on a class or two. IF the City Council opens this up for a "community forum," then head on down to that and voice your sweet opinions and solutions there. If things open up for a popular vote, then make a sign and march up and down Hwy 71 and help sway the vote your way.

    Most likely, the public (you and I) will NOT be involved in the future outcome regarding Planet K. Our involvement ended when we elected the City Council. The Johnny-come-lately's who come out of the woodwork with all the answers, revelations and comments for a particular issue right in the middle of the Process-to-reach-the-best-Solution are what mess up and bog down just about every minor and major issue from Bee Cave to Washington DC.

    The Council Member who illustrated the HYPOCRISY of the local Bee Cave citizens who called him with ANTI-Planet K sentiments, yet they would gladly shake Willie Nelsen's hand was RIGHT ON THE BULLS EYE OF REALITY.

    Most people are clueless so they wind up being hypocritical unintentionally. We need to educate ourselves. Study history. Hardly anything TRULY NEW ever happens. Encourage others to educate themselves. Learn and pass on the knowledge to others so they can learn.

    But we must remember that learning how things/life/politics work and understanding the issues is just the BEGINNING! Still, we have to do that BEFORE we can offer anything that resembles a potentially effective solution that is simultaneously not hypocritical or too expensive or anti-democratic or simply a repeat of a old solution that looked pretty good at the time it was conceived too, but it ended up being a disaster. Know when to hold 'em and know when to fold 'em and love your neighbor.

    BILLIONS AND BILLIONS of dollars of illegal drugs come in from Mexico each year, mostly marijuana. That means a TON of people are PAYING FOR and USING Marijuana in the USA, obviously. If you are not, your neighbor is.

    We all understand what kind of devices can be purchased at a "head shop" and why people purchase them. Do we think the marijuana only finds its way to South Austin and East Austin and North Austin and miraculously never penetrates the city limits of Bee Cave?

    Endorsing or criticizing a Planet K in Bee Cave is a WEAK ASS way to a make a stand "against" or "for" marijuana. Citing the negative effect on our childrens' well being that an Austin chain store will have illustrates how AMAZINGLY MARGINAL our control of our children really is. More so, it confirms that today our children control themselves, and that we have been relegated to desperately elbowing our way back into a figure of authority and position of power by encouraging a City Council member to block a type of business or by publicly voicing our disdain for a Texas chain store on our childrens' behalf. IF THIS IS YOU, YOU HAD BETTER BE DAMN SURE TO CLEAR YOUR HOUSE AND PROPERTY (INCLUDING YOUR CHILDRENS')OF ANY WILLIE NELSEN CD, MOVIE, POSTER, RECORD, TAPE OR T-SHIRT.........OR ELSE, YOU ARE A GRADE AAAA, 100% PURE, DIGNIFIED AND RATIFIED HYPOCRITE!!!!!!!! You are still my neighbor, and I respect the cool things about you and your family, nonetheless, you are a classical, main-line, text-book-definition, 0.00% grey-area HYPOCRITE.

    Regardless, if 51% of the voting population of Bee Cave does not want any particular type of business in the City, then it should be so. Unfortunately, Bee Cave's Governance System does not work like that in this case, so far. Many city issues never open up for a popular vote. They are handled by the City Council The system was created that way to free you and I up to make money and pay taxes to keep the municipal employees happy and stress-free so they can clearly concentrate on these difficult issues.

    The City Council represents 100% of the voting population. If you disagree with how they vote, then do not re-elect them or run for office yourself and implement your sweet ideas and ugly comments when they are needed, not right in the middle of the process.

    Best wishes.

  • Sam  - My bad on mis-spelling Willie "Nelson"
    My bad on mis-spelling Willie "Nelson." I should have educated myself properly.

    Best wishes.
  • Candice  - "High Class Bee Caves"
    How do you people think that the head shop is so bad when you can walk into Lake Travis and half the kids there are selling drugs and 95% of them are doing drugs. I would rather have my kid smoking pot than doing heroin. You people are acting like they are supplying the drugs your kids are using. And just to let you know if they don't open the Planet K in Bee Cave your kids will just be driving a little farther to the downtown Planet K. And what makes everyone in Bee caves think that were to good for a Planet K to open when...NEWS FLASH...the majority of people in Bee Caves smoke pot!
  • Mary
    Candice, and all others who mistake the road for the city- you mean BEE CAVE. Kind of makes it obvious that you don't know what you're talking about when you don't know the name of the city. You also make presumptions that have no basis in fact.
  • James  - She's partly correct
    Having grown up in this area, I DO know for a fact that my friends would just go into town to check out the head shops. I would go too sometimes and I even got kicked out of one because I was under 18.

    If the business doesn't want to get into trouble(since they'll already be under intense scrutiny) I promise you they will kick your little tikes out when they try to come in without an ID or a fake one. If your kids are out at the store trying to get into Planet K illegally then IMO that is on you and your child. Your little brat should know better then to run into a store illegally, and you should have the sense of a good parent to teach him better than that. I should know, I was one of those brats.

    Also, I remember going to Lake Travis a long while ago and drugs were all over the school...it was pretty common place for people to have at least one drug of choice or to have at least tried something. And the ones selling these drugs were rich kids with connecions or some of the little WASP kids that act like they're from a rough area... I find it amusing how unaware many of you are with regard to your kid's whereabouts. You should probably pay more attention to your kids and less attention to the newest shops that are opening up. You family is your responsibility...you cannot shield them from everything...and you shouldn't because that's not giving them a very realistic view of life outside your home.

    Besides all of that, it's really not anyone's right to tell someone what they can and can't do so long as that person isn't harming anyone. A head shop is just a store....if they put up a Christian Bible Shop then I would most surely be offended, but never in a million years would I think of trying to stop someone from building it because that's not my right. If I want nothing to do with it then I won't go into the store.
  • Bee Cave Resident  - Ha, Ha.
    Anonymous-please take time to remove your foot from your mouth and check on the stores already here in Bee Cave. You have made it SO obvious that you don't live here (just like most of the supporters of this store)!
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