[Amended 4-4-2017 by Ord.
No. 1338, approved 4-21-2017]
This Chapter
138 shall not apply to the sale of electric cigarettes or "e-cigarettes" intended for smoking tobacco, an act commonly referred to as "vaping." It shall be unlawful to establish or maintain any head shop within 500 feet of any area zoned for residential use.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 4-4-2017 by Ord. No.
1338, approved 4-21-2017]
As used in this Chapter
138, the following terms shall have the meanings indicated:
HEAD SHOP
An establishment which includes in its stock-in-trade, with
intent to deliver or sell for use with drugs or controlled substances,
or advertises drug paraphernalia intended for use with drugs, such
as scales; small spoons; sieves; gelatin capsules; hashish heads;
water pipes intended for use with marijuana, hashish, hashish oil
or cocaine; roach clips; smoking and carburetion masks; separating
pins for use or intended for use in cleaning marijuana pipes, cocaine
vials, hypodermic syringes and needles; or any other drug paraphernalia
as such term is defined in 35 P.S. § 780-12. Notwithstanding the foregoing, a retail shop selling or
advertising the sale of electric cigarettes or "e-cigarettes" intended
for smoking tobacco, an act commonly referred to as "vaping," shall
not be a "head shop" merely because of such sales or advertisements.