means any premises where tobacco paraphernalia is displayed for sale, offered for sale or sold, and which devotes more than a two foot by four foot (two feet in depth maximum) section of shelf space for tobacco paraphernalia.
is defined as:
Including, but not limited to, one or more of those items identified in that list set forth in subdivision (3) below, and any device intended or designed primarily for use by individuals for the smoking or ingestion of tobacco, notwithstanding that the device may also be used for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine or any other "controlled substance," as that term is defined in the Health and Safety Code.
A device "designed primarily for" the smoking or ingestion set forth in subdivision (1) above, is a device that has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of tobacco, and is peculiarly adapted to that purposes by virtue of a distinctive feature or combination of features associated with tobacco paraphernalia, notwithstanding that the device may also be used for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine or any other "controlled substance," or for some other purpose.
Includable items or devices:
Electronic vapor devices designed with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco products, shisha, herbs or any other product that produces smoke;
Electronic vapor inhalation substance products including cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic vapor devices;
Hookah pipes used for vaporizing and smoking tobacco, flavored tobacco, non-flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation;
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens (permanent or otherwise), heads or punctured metal bowls;
A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke that would otherwise be possible, whether the device is known as a "bong," or otherwise;
A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;
A smokable pipe which contains a heating unit, whether the device is known as an "electric pipe," or otherwise;
A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a "buzz bomb," or otherwise;
A canister, container or other device with a tube, nozzle or other similar arrangement attached and so constructed as to permit the forcing of accumulated smoke into the user's lungs under pressure;
A device for holding burning material, such as a cigarette that has become too small or too short to be held in the hand, whether the device is known as a "roach clip," or otherwise; and
Lighters and matches not possessing any of the characteristics described in subsection (B)(3)(a) through (g), above shall be excluded from the definition of tobacco paraphernalia.
(Ord. 5010 § 3, 2014)