"Tobacco paraphernalia establishment"
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.
"Tobacco paraphernalia"
is defined as:
1. 
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.
2. 
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.
3. 
Includable items or devices:
a. 
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;
b. 
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;
c. 
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;
d. 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens (permanent or otherwise), heads or punctured metal bowls;
e. 
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;
f. 
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;
g. 
A smokable pipe which contains a heating unit, whether the device is known as an "electric pipe," or otherwise;
h. 
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;
i. 
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;
j. 
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
k. 
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)
A. 
It shall be unlawful for any person in charge or control of any tobacco paraphernalia establishment to knowingly allow or permit a person under the age of eighteen, not accompanied by their parent or legal guardian, to enter or remain within any tobacco paraphernalia establishment.
B. 
It shall be unlawful for any person in charge or control of a tobacco paraphernalia establishment to fail to display and maintain, or fail to cause to be displayed and maintained, at least one sign stating that a person under the age of eighteen may not enter the premises unless accompanied by their parent or legal guardian. These signs shall be not less than ten inches by eighteen inches in size, with lettering of not less than forty-eight point font size, and shall be placed in a conspicuous location near each public entrance to the tobacco paraphernalia establishment.
C. 
In the event that a sign or signs have been posted as required in subsection (B) above, it shall be unlawful for a person under the age of eighteen to enter or remain in any tobacco paraphernalia establishment, unless he or she is accompanied by their parent or legal guardian.
(Ord. 4911 § 1, 2008)
A. 
Retail sales and display of tobacco paraphernalia shall only take place in an enclosed building or tobacco paraphernalia establishment. It shall be unlawful for any person to sell or display for sale tobacco paraphernalia at a fair, street market, event or location other than in an enclosed building or tobacco paraphernalia establishment.
B. 
Except as provided in subsection (C), below: (1) no tobacco paraphernalia may be displayed in cases, shelves, or in any locations visible to passers by of the tobacco paraphernalia establishment; and (2) no tobacco paraphernalia may be displayed to patrons or visitors of the tobacco paraphernalia establishment within twenty feet of non-tobacco paraphernalia merchandise (including, but not limited to, sweatshirts, sweaters, jackets, tee-shirts, ball caps, woolen caps and other apparel, embroidered patches, lighters, matches, posters, and books) bearing pictures, graphics, representations, messages, facsimiles, or literature reflecting or referring to controlled substances, including marijuana, hashish, hashish oil, cocaine, methamphetamine, or any other controlled substances.
C. 
The display restrictions set forth in subdivision (B)(1), above, shall not apply to tobacco paraphernalia such as tobacco pipes (made of briarwood, meerschaum, calabash gourd, corncob, or such other materials commonly used in the manufacture of tobacco pipes) or cigarette holders manufactured to hold a single, commercially created and machine rolled, cigarette.
(Ord. 4911 § 1, 2008)
Nothing in the definition of tobacco paraphernalia establishments 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 otherwise prohibited by state or federal law, including without limitation, Penal Code Section 308 and Health and Safety Code Sections 11014.5, 11364, 11364.5 and 11364.7.
(Ord. 4911 § 1, 2008)
If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 4911 § 1, 2008)