A. 
As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. "Drug paraphernalia" includes, but is not limited to, all of the following:
1. 
Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2. 
Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
3. 
Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. 
Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
5. 
Scales and balances intended for use or designed for use in weighing or measuring controlled substances.
6. 
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances.
7. 
Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
8. 
Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances.
9. 
Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.
10. 
Containers and other objects intended for use or designed for use in storing or concealing controlled substances.
11. 
Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body.
12. 
Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b. 
Water pipes.
c. 
Carburetion tubes and devices.
d. 
Smoking and carburetion masks.
e. 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand.
f. 
Miniature cocaine spoons, and cocaine vials.
g. 
Chamber pipes.
h. 
Carburetor pipes.
i. 
Electric pipes.
j. 
Air-driven pipes.
k. 
Chillums.
l. 
Bongs.
m. 
Ice pipes or chillers.
B. 
Exemption. This chapter shall not apply to any of the following:
1. 
Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in paragraph A.11 of this section upon the prescription of a physician, dentist, podiatrist or veterinarian.
2. 
Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia described in paragraph A.11 of this section to his or her patients.
3. 
Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described paragraph A.11 of this section.
(Ord. 4083, 1980)
A. 
Minors. No owner, manager, proprietor or other person in charge of any room or place of business selling, or displaying drug paraphernalia shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room or place.
B. 
Minors - Excluded. A person under the age of 18 years shall not be, remain in, enter or visit any room or enclosure in any place used for sale, or display of drug paraphernalia.
C. 
Sale and Display Rooms. 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, drug paraphernalia unless within a separate room or enclosure to which persons under the age of 18 years are excluded, nor shall drug paraphernalia or any other contents in such separate rooms or enclosures be visible from outside such rooms or enclosures. Each entrance to such a room shall be sign posted in reasonably visible and legible words to the effect that persons under the age of 18 years are not permitted in such room or enclosure.
(Ord. 4083, 1980)
A. 
Business License. A violation of this chapter or California Health and Safety Code Sections 11364.5, 11364.7(a) or 11364.7(b) is not punishable under Sections 1.28.010, 1.28.020 and 1.28.030 of this code, but shall be grounds for revocation or non-renewal of any license, permit or other entitlement for the privilege of doing business that was issued by the City and shall be grounds for denial of any future license, permit or other entitlement authorizing the conduct of such business.
B. 
Nuisance. The violation of a provision of this chapter or California Health and Safety Code Sections 11364.5, 11364.7(a) or 11364.7(b) is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to any other remedy or relief provided by this code or other law.
(Ord. 4083, 1980; Ord. 4218, 1983)
A. 
Evidence. In determining whether an object is drug paraphernalia, a court, the Board of Fire and Police Commissioners or other authority may consider, in addition to all other logically relevant factors, the following:
1. 
Statements by an owner or by anyone in control of the object concerning its use.
2. 
Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
3. 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
4. 
Instructions, oral or written, provided with the object concerning its use.
5. 
Descriptive materials, accompanying the object which explain or depict its use.
6. 
National and local advertising concerning its use.
7. 
The manner in which the object is displayed for sale.
8. 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
9. 
The existence and scope of legitimate uses for the object in the community.
10. 
Expert testimony concerning its use.
B. 
Standard of Proof. The degree of proof under this chapter shall be the preponderance-of-the-evidence standard.
(Ord. 4083, 1980)
A. 
Notice of Violation. An officer of the City authorized to enforce this chapter by the City Administrator who finds any person or business within the City of Santa Barbara operating in violation of this chapter or California Health and Safety Code Sections 11364.5 or 11364.7 shall deliver a notice to the owner, manager, proprietor or other person in apparent charge or control of any such business clearly specifying the nature of the violation and demanding that said business immediately cease and desist from violating the provisions of this chapter or Health and Safety Code Sections 11364.5 or 11364.7. After 24 hours have elapsed after the delivery of the above notice, the City Administrator or his or her delegate is authorized to issue a second notice if the same or similar violations continue.
B. 
Revocation. If any person or business receives two notices referred to in Section 9.45.050.A within a period of 18 months, the City Administrator or his or her delegate shall schedule a revocation hearing before the Board of Fire and Police Commissioners requesting the revocation of a permit, license or other entitlement to conduct such business.
C. 
Notice of Hearing. At least 10 days prior to the hearing requesting the revocation of the permit, license or other entitlement to conduct business, the City Administrator or his or her delegate shall give written notice to the permittee or licensee of business. Said notice shall give the time, date and place of the hearing and specify the grounds for revocation. The permittee or licensee shall be entitled to review any documentary or physical evidence that will be introduced at the hearing if such a request is made in a timely manner before the hearing.
D. 
Conduct of Hearing. The Board of Fire and Police Commissioners shall establish the rules for hearings conducted under this chapter.
E. 
Evidence. The following evidentiary rules shall apply to hearings conducted under this chapter:
1. 
Oral evidence shall be taken only under oath.
2. 
Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the permittee or licensee does not testify in his or her own behalf, he or she may be called and examined as if under cross-examination.
3. 
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
F. 
Decision and Findings. The Board of Fire and Police Commissioners shall make findings relating to its decision on a revocation or denial of a permit, license or other entitlement to conduct business.
G. 
Revocation. If the Board of Fire and Police Commissioners makes a finding that the permittee or licensee has violated the provisions of this chapter or Health and Safety Code Sections 11364.5 or 11364.7, the permit, license or other entitlement shall be revoked for 60 days and the permittee or licensee shall not be issued another such permit, license or entitlement by the City during that period of revocation. If a person or business has such a permit, license or entitlement revoked for a second time within two years, the period of the second revocation shall be six months.
H. 
Denial of Permit. The denial of a permit, license or other entitlement under this chapter shall be appealable to the Board of Fire and Police Commissioners.
I. 
Final Decision. The decision and findings under this chapter of the Board of Fire and Police Commissioners are final.
(Ord. 4083, 1980; Ord. 4218, 1983)