Chapter 8.22
Controlled Substances
Sections:
8.22.010 Minor's presence prohibited--Display or sale room.
8.22.020 Paraphernalia sale and display rooms.
8.22.040 Drug paraphernalia--Possession prohibited.
8.22.900 Statutes incorporated by reference.
8.22.010 Minors' presence prohibited--Displav or sale room.
A. No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person under the age of eighteen years to be in, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents or his or her legal guardian.
B. Minors Excluded. No person under the age of eighteen years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless such person is accompanied by one of his or her parents or his or her legal guardian. (Ord. 1423 §1(part), 1999: Ord. 1418 §1(part), 1999).
8.22.020 Paraphernalia sale and display rooms.
No person may 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 which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs 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 or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. 1423 §1(part), 1999).
8.22.030 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 of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs is declared to be a public nuisance and may be abated by the city. This remedy shall be in addition to any other remedy provided the law including the penalty provision applicable for the violation of the terms an provision of this chapter. A second or subsequent conviction of any combination of Sections 9.22.010 through 9.22.020, inclusive, for charges arising within any twelvemonth period may result in revocation of the business license of the place of business where the violations occurred. (Ord. 1423 §1(part), 1999).
8.22.040 Drug paraphernalia--Possession prohibited.
It shall be unlawful for any person to possess any drug paraphernalia as defined in RCW 69.50.102. Possession of drug paraphernalia is a misdemeanor criminal offense and any person convicted of such offense shall be subject to a jail sentence of not more than ninety days and a fine of not more than one thousand dollars, or both such fine and imprisonment. (Ord. 1423 § 1(part), 1999).
8.22.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW 9.47A.010 (Definitions [Inhaling toxic fumes])
RCW 9.47A.020 (Unlawful inhalation--Exceptions)
RCW 9.47A.030 (Possession of certain substances prohibited--When)
RCW 9.47A.040 (Sale of certain substances prohibited--When)
RCW 9.47A.050 (Penalty)
RCW 69.41.030 (Possession of Legend Drug)
RCW 69.50.101 (Definitions)
RCW 69.50.102 (Drug Paraphernalia: Definitions)
RCW 69.50.401(e)(Possession of Marijuana)
RCW 69.50.412 (Drug Paraphernalia: Penalties)
RCW 69.50.4121 (Drug Paraphernalia: Giving or Selling)
(Ord. 1493 § 1, 2006: Ord. 1423 § 1(part), 1999: Ord. 1418 1(part), 1999).