Chapter 9.30
SALE AND DISPLAY OF NARCOTIC AND OTHER PARAPHERNALIA
Sections:
9.30.020 Responsibility of owner or proprietor relative to minors frequenting premises.
9.30.030 Minors unaccompanied by parents or guardians excluded from premises.
9.30.050 Violation deemed nuisance – Remedies and penalties.
9.30.010 Purpose.
The display of drug and narcotic paraphernalia in business establishments, open to the public and frequented by minors, tends to induce acquisition and use by minors for smoking, injecting or consumption of controlled substances. Possession and use of controlled substances are prohibited or limited by the Controlled Substances Act, Cal. Health & Safety Code §§ 11000 et seq. It is the intent and purpose of this chapter to eliminate the exposure of minors to such devices and, thereby, curb the sale to and use of illicit and harmful drugs and narcotics to and by minors in the interests of their mental and physical health. (Ord. 1370 § 1, 4-1-80. 1990 Code § 3-8900.)
9.30.020 Responsibility of owner or proprietor relative to minors frequenting premises.
No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia used, altered or modified for the purpose of smoking, injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the California Health and Safety Code, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian. (Ord. 1370 § 2, 4-1-80. 1990 Code § 3-8901.)
9.30.030 Minors unaccompanied by parents or guardians excluded from premises.
A person under the age of 18 years shall not be, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia used, altered or modified for the purpose of smoking, injecting or consuming marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents or his or her legal guardian. (Ord. 1370 § 2, 4-1-80. 1990 Code § 3-8902.)
9.30.040 Sale and display rooms – Separate room or enclosure – Signposting required – “Enclosure” defined.
A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia used, altered or modified for the purpose of smoking, injecting or consuming marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for the smoking of the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded. For the purposes of this section, an “enclosure” shall mean an area of a room separated in such a manner that no material regulated by this section shall be visible from any area of the room open to minors. (Ord. 1370 § 2, 4-1-80. 1990 Code § 3-8903.)
9.30.050 Violation deemed nuisance – Remedies and penalties.
The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded as set forth in this chapter, and where devices, contrivances, instruments or paraphernalia are used, altered or modified for the purpose of smoking, injecting or consuming marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Cal. Civ. Proc. Code § 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions of this code. (Ord. 1370 § 2, 4-1-80. 1990 Code § 3-8904.)