Chapter 7.10
DRUG PARAPHERNALIA SALES
Sections:
7.10.020 Issuance of permit and fee.
7.10.010 Permit required.
No person, firm, corporation or entity shall engage in the sale or offering for sale of drug paraphernalia, as such term is defined in Section 11364.5 of the Health and Safety Code of the state of California, without first having obtained a permit for such form of business from the chief of police and without such permit being in full force and effect. A separate permit shall be required for each location in the city at which business is done. [Ord. 1221 N.S. § 1, 1980].
7.10.020 Issuance of permit and fee.
The permit shall be issued for each location upon the following conditions having been found to exist by the chief of police:
(a) The annual permit fee, as established by resolution of the council, shall have been paid;
(b) No adjudication of a violation of said Section 11364.5 of the Health and Safety Code shall have become final for the location involved, or any other location owned by the same person or entity, within the two years immediately preceding;
(c) Sale of drug paraphernalia shall be a permissible use under the zoning regulations pertaining to the district in which located.
A denial of a permit may be appealed to the city council in the same manner as a revocation under PGMC 7.10.030. [Ord. 1765 N.S. § 2, 1991; Ord. 1221 N.S. § 1, 1980].
7.10.030 Revocation.
The permit may be revoked after 10 days’ written notice to the permit holder and hearing by the chief of police, after it is found that any of the conditions prescribed by PGMC 7.10.020 no longer exist. The chief of police’s decision may be appealed to the city council by written appeal filed with the city clerk within 10 days of such decision. On appeal, the city council shall give at least 10 days’ notice of hearing to the permit holder and shall conduct a hearing on the date specified in the notice. The city council’s decision shall be final for purposes of PGMC 1.20.010. Any applicant or permit holder whose permit shall have been denied or revoked shall be ineligible for a two-year period from applying for a new permit. [Ord. 1221 N.S. § l, 1980].
7.10.040 Display of permit.
Any permit issued under this chapter shall be displayed at all times in a place viewable by the public and within two feet of one of the signs prescribed by Section 11364.5(a) of the Health and Safety Code. [Ord. 1221 N.S. § 1, 1980].
7.10.050 Enforcement.
It shall constitute a misdemeanor, and may be enforced pursuant to Chapter 1.16 PGMC, to carry on the business of drug paraphernalia without the permit required by this chapter having first been obtained, or to violate PGMC 7.10.040. [Ord. 08-006 § 18, 2008; Ord. 1221 N.S. § 1, 1980].