Chapter 5.32
DRUG PARAPHERNALIA SALES
Sections:
5.32.020 Permit – Conditions of issuance – Fee – Appeal of denial.
5.32.010 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, 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. 566 § 1, 1980; prior code § 8-3000)
5.32.020 Permit – Conditions of issuance – Fee – Appeal of denial.
A. The permit shall be issued for each location upon the following conditions having been found to exist by the chief of police:
1. The annual permit fee of seventy-five dollars shall have been paid;
2. No adjudication of a violation of 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; and
3. Sale of drug paraphernalia shall be a permissible use under the zoning regulations pertaining to the district in which located.
B. A denial of a permit may be appealed to the city council in the same manner as a revocation under SMC 5.32.030. (Ord. 612 § 1 (Appx. A(18)), 1982; Ord. 566 § 1, 1980; prior code § 8-3001)
5.32.030 Permit – Revocation.
The permit may be revoked after ten 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 SMC 5.32.020 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 ten days of such decision. On appeal, the council shall give at least ten 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 SMC 2.02.400 through 2.02.460. 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. 566 § 1, 1980; prior code § 8-3002)
5.32.040 Permit – Display.
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. 566 § 1, 1980; prior code § 8-3003)
5.32.050 Violation – Penalty.
It shall constitute a misdemeanor to carry on the business of drug paraphernalia without the permit required by this chapter having first been obtained, or to violate SMC 5.32.040. (Ord. 566 § 1, 1980; prior code § 8-3004)