The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Lawfully established business" or "lawfully established smoke shop"
means a business or smoke shop presently engaged in tobacco retailing prior to passage of the ordinance codified in this chapter and operating pursuant to a lawful business license, or is operating pursuant to a lawful, nontransferred renewal of such a business's business license in existence before passage of said ordinance. No lawfully established smoke shop or lawfully established business that is displaced or required to relocate by the City or its redevelopment agency due to redevelopment activities shall lose its lawful status solely as a result of such relocation within the same zone as it was previously located. A lawfully established smoke shop that has been relocated as provided for in this section shall not be prevented from transferring an existing valid business license or obtaining a new business license to engage in tobacco retailing at the designated new location.
"Proprietor"
means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, or assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, control over the day-to-day operations of a business.
"Smoke shop"
means a business primarily dedicated to the sale, display, or offer for sale of tobacco products or paraphernalia.
"Tobacco paraphernalia"
means any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance. "Tobacco paraphernalia" includes, but is not limited to, all of the following:
1. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured bowls;
2. 
Water pipes;
3. 
Bongs;
4. 
Chillums;
5. 
Ice pipes or chillers;
6. 
Cigarette papers or wrappers;
7. 
Cigarette rolling machines;
8. 
Blunt wraps, as defined in Section 308 of the Penal Code;
9. 
Hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested.
"Tobacco paraphernalia"
does not include cigarette lighters.
"Tobacco product"
means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, dipping tobacco, or any other form or preparation of tobacco.
"Tobacco retailer"
means any person who operates a store, stall, booth concession, or any other place at which tobacco paraphernalia are sold or offered for sale, regardless of the quantity of tobacco products or tobacco paraphernalia, or where 20 or more square feet of store or shelf space is used for the sale or display of any combination of tobacco product or tobacco paraphernalia.
"Tobacco retailing"
means the sale or offer for sale of tobacco products or tobacco paraphernalia.
(Ord. 2009-1081 § 1; Ord. 2010-1104 § 2)
It is unlawful for any person to sell, furnish, give away, or transfer, or to attempt to or offer to sell, furnish, give away, or transfer, tobacco paraphernalia in the City of Imperial Beach.
This section shall not apply to any lawfully established smoke shop.
(Ord. 2009-1081 § 1)
A. 
No person may own, operate, be the proprietor of, or be the employee (either by hire or by contract) of any smoke shop.
B. 
This section does not apply to any lawfully established business.
(Ord. 2009-1081 § 1)
A. 
The remedies provided by this chapter are in addition to any other remedies available at law or in equity.
B. 
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney.
(Ord. 2009-1081 § 1)
Nothing in this chapter is intended to, nor shall be interpreted as legalizing or applying to the delivery, furnishing, transfer, possession, or manufacture of drug paraphernalia, or any use prohibited by state or federal law, including Penal Code Section 308 and Health and Safety Code Sections 11014.5, 11364, 11364.5 and 11364.7.
(Ord. 2009-1081 § 1)