Chapter 9.40 SALE AND DISPLAY OF NARCOTIC AND OTHER PARAPHERNALIA

Chapter 9.40
SALE AND DISPLAY OF NARCOTIC AND OTHER PARAPHERNALIA

Sections:

9.40.010 Separate room required.

9.40.040 Tobacco papers and machines excluded.

9.40.010 Separate room required.

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 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 sign-posted in visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded. For the purpose of this chapter an enclosure means an area of a room separated in such a manner that no material regulated by this chapter shall be visible from any area of the room open to minors. (Ord. 474 § 1, 1981; 1991 code § 5-10.1)

9.40.020 Minors.

A. Generally. 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 Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips 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.

B. Excluded. 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, 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 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. 474 § 1, 1981; 1991 code § 5-10.2)

9.40.030 Nuisance.

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 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 designed and used for smoking the foregoing, is declared to be a public nuisance and may be abated pursuant to the provisions of State of California Code of Civil Procedures section 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions of this code. (Ord. 474 § 1, 1981; 1991 code § 5-10.3)

9.40.040 Tobacco papers and machines excluded.

Tobacco/cigarette papers and cigarette rolling machines are not included within the definition of paraphernalia for the purposes of this chapter. (Ord. 474 § 1, 1981; 1991 code § 5-10.4)