The city council finds and declares that the use of marijuana, hashish, PCP, and other illegal drugs and substances among minors is a serious problem to the health and welfare of the city; that the sale of devices and paraphernalia in the city for the purposes of facilitating such use is a substantial contributing factor regarding such problem; and that restriction of the sale of such devices to minors and related regulations would alleviate the problem.
(Prior code § 16-7.1; Ord. 1354 § 1, 1980)
No owner, manager, proprietor, or other person in charge of any room in any place of business shall sell, give, furnish, or permit to be sold, given or furnished to any minor any drug paraphernalia.
(Prior code § 16-7.2; Ord. 1354 § 1, 1980)
No owner, manager, proprietor or other person in charge of any retail establishment or portion thereof selling or displaying for purpose of sale any drug paraphernalia shall allow or permit any minor to be in, remain in, enter, or visit such establishment or portion thereof.
(Prior code § 16-7.3; Ord. 1354 § 1, 1980)
No minor shall be in, enter, or visit any room or portion of any retail establishment used for the sale or for the display of drug paraphernalia.
(Prior code § 16-7.4; Ord. 1354 § 1, 1980)
No person shall maintain in any retail establishment to which the public is invited the display for sale of drug paraphernalia unless such paraphernalia is kept within a separate room or enclosure from which minors are excluded. Each entrance to such a room shall be sign posted in reasonably visible and legible words to the effect that minors are prohibited.
(Prior code § 16-7.5; Ord. 1354 § 1, 1980)
No persons shall sell, give, furnish, or offer to sell, give, or furnish any drug paraphernalia to any minor in any place open to the public.
(Prior code § 16-7.6; Ord. 1354 § 1, 1980)
In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all logically relevant factors, the following:
A. 
Statements by an owner or by anyone in control of the object concerning its use;
B. 
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 (as listed in the Health and Safety Code);
C. 
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 chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
D. 
Instructions, oral or written, provided with the object concerning its use;
E. 
Descriptive materials, accompanying the object which explain or depict its use;
F. 
National and local advertising concerning its use;
G. 
The manner in which the object is displayed for sale;
H. 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like items to the community, such as a licensed distributor or dealer of tobacco products;
I. 
The existence and scope of legitimate uses for the object in the community;
J. 
Expert testimony concerning its use.
(Prior code § 16-7.7; Ord. 1354 § 1, 1980)
This chapter does not apply to:
A. 
Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in Section 6.04.050 upon the prescription of a physician, dentist, podiatrist, or veterinarian;
B. 
Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia described in Section 6.04.050 to his or her patients;
C. 
Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described in Section 6.04.050.
(Prior code § 16-7.8; Ord. 1354 § 1, 1980)
The distribution or possession of drug paraphernalia for the purpose of sale, exhibition, or display in any retail business from which minors are not excluded as set forth in this chapter is declared to be a public nuisance and may be abated pursuant to Section 731 of the Code of Civil Procedure.
(Prior code § 16-7.9; Ord. 1354 § 1, 1980)