As used herein "drug paraphernalia store" shall mean any establishment or place where drug paraphernalia is displayed, grouped, advertised, or promoted for the purpose of sale, either as a primary business or as an incident of some other business. "Drug paraphernalia store" as used herein does not include an establishment or place specifically licensed or authorized by the State or Federal Government or any agency thereof to sell or offer for sale marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California, when drug paraphernalia is displayed, advertised, or promoted for the purpose of sale to persons authorized by prescription or otherwise to legally possess such marijuana, hashish, cocaine, or other such controlled substance with which the drug paraphernalia item is so used; nor does "drug paraphernalia store" include any establishment or place licensed by the State or Federal Government, or any agency thereof to lawfully sell drug paraphernalia.
As used herein, "drug paraphernalia" means any of the following when displayed, grouped, advertised or promoted for sale:
(a)
Any item whether useful for non-drug related purposes or not, which is displayed, grouped with other items, advertised, or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California.
(b)
Any item, whether useful for non-drug related purposes or not, which is designed, decorated or adorned in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, or any controlled substance as deemed in the Health and Safety Code of the State of California.
(c)
Any item defined by any statute of the State of California as drug paraphernalia.
Every person conducting or managing a drug paraphernalia store shall first procure a license, and pay in addition to any other fees required by law, a license fee in the amount of One hundred dollars.
Any person engaged in, conducting, managing or carrying on a drug paraphernalia store, shall not (a) permit persons under the age of 18 years of age to enter, unaccompanied by his or her parent or legal guardian, any area of such establishment or store, where such person under the age of 18 years may view drug paraphernalia; (b) sell drug paraphernalia to any person under the age of 18 years of age.
Any drug paraphernalia store licensed under the provisions of this Chapter shall maintain a sign posted in reasonably visible and legible words to the effect that drug paraphernalia are sold or offered for sale and that minors, unless accompanied by a parent or legal guardian, are excluded.
No person shall be eligible for a license to conduct or manage a drug paraphernalia store if such person has violated § 11364.5 of the Health and Safety Code or any local ordinance regulating the sale and/or display of drug paraphernalia and, as a consequence of such violation has had revoked any license, permit or entitlement issued by a city, county or city and county for the privilege or engaging in such a business.
The procedures for issuance, investigation, denial, revocation, suspension and renewal of licenses provided in Chapter 2 of Title II of this Code shall be applicable to licenses issued hereunder.
Any violations of the provisions of this Chapter are expressly deemed and declared to be a public nuisance, and such violations shall be abated in the manner provided in Chapter 1-12.