A.
Minors. No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking or injection, or consuming marijuana, hashish, PCP, or any controlled substance, as defined by the laws of the state (other than prescription drugs and devices to ingest or inject prescription drugs), as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such salesroom unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.
B.
Minors – Excluded. A person under the age of 18 years shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substances, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, or any item described in SGC § 10.60.050, unless such person is accompanied by one of his or her parents, or his or her legal guardian.
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, of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substances (other than prescription drugs and devices to ingest or inject prescription drugs), including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such room shall be signposted in reasonably visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded. The above-named items may not be visible outside the room, as through display windows.
D.
Nuisance. The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substances (other than prescription drugs or devices to ingest or inject prescription drugs), including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, is a public nuisance, and any building, structure, premises, or room or rooms therein constituting a nuisance as defined in this section and SGC §§ 10.60.050 and 10.60.060 may be abated in a civil action in the manner provided by AS 09.45.230. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom, for a period of one year after the date of such abatement, unless a surety bond, to be approved by the court making the order of abatement, in the penal sum of $1,000, payable to the city, conditioned that such building, structure or premises, or room or rooms therein will not thereafter be used in violation of this section or SGC §§ 10.60.050 and 10.60.060, and further conditioned upon payment of all fines, costs and damages assessed for any violation of this chapter, and in case of the violation of any of the conditions of such bond, the whole amount may be recovered as a penalty to the city. This remedy is in addition to any other remedy provided by law.
Upon a finding that a building has been used as a nuisance, the court may also impose a civil fine of up to $1,000.
E.
Affirmative defense. It shall be an affirmative defense to any legal action brought under this section that the person had no knowledge of the drug-related nature of the items.
(S.G.C. 10.76.040; Ord. 80-425 § 4, 1980)