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Council tables appeal over paraphernalia-use permit at 375 South Weed Boulevard amid criminal probe
Summary
Weed City Council voted to table an appeal of a Planning Commission denial of a conditional use permit to sell drug paraphernalia at 375 South Weed Boulevard after staff reported an ongoing criminal investigation tied to the business; the council set the matter for the first regular November meeting after the applicant waived the 45‑day deadline.
Weed City Council on Tuesday opened a public hearing on an appeal of the Planning Commission’s Aug. 21 decision denying a conditional use permit for the sale of drug paraphernalia at 375 South Weed Boulevard and voted to table the appeal to the first regular November meeting while a criminal investigation proceeds.
The council heard a staff report that the Planning Commission had concluded "the city did not need another drug paraphernalia sales location and denied the project," and heard law‑enforcement testimony that officers had opened a felony investigation tied to sales at the premises. "It would be my recommendation to the council to table this at this time due to an ongoing ... criminal investigation," the chief told the council.
Kurt Reel, who identified himself as representing the applicant, told the council the applicant would waive the municipal 45‑day decision period and consented to tabling while investigators work. "I didn't know anything about it until just now ... but I'm sure everybody would be okay on our end if we table this thing until the outcome of the investigation," Reel said.
Council members discussed evidence in the record and new allegations raised after the Planning Commission hearing, including a prior May incident that led to a citation for paraphernalia sales and questions about whether the business had a city business license before offering regulated items. Planning staff advised that state law governs what constitutes drug paraphernalia but the city may regulate land use through a conditional use permit. Staff also noted the municipal code requires the council to render a decision within 45 days of an appeal filing but that the council may continue the hearing to a date certain.
After discussion and a motion to table to the first November meeting (approximately 60 days), the council voted in favor and the motion carried. Council members said tabling protects due process, allows the district attorney and police to complete review, and ensures the applicant can respond to newly raised facts.
What happens next: the appeal will be renoticed to the November council meeting date set by staff; if criminal charges are filed or the district attorney completes a review before then, those outcomes may inform the council’s subsequent consideration. The city clerk and planning staff will coordinate notice and provide the applicant an opportunity to present a response when the matter returns to the council.
