(a) License Required. No person whether as principal, clerk, agent or servant shall sell any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or illegal drugs as defined by Ohio R.C. Chapter 3719; Controlled Substance, and other appropriate chapters of the Ohio Revised Code, without obtaining a license therefor.
(b) Application. Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or illegal drugs shall be accompanied by affidavits by applicant and each and every employee authorized to sell such items that such person has never been convicted to a drug-related offense.
(c) Minors. No person shall sell or give items as described in subsection (b) hereof in any form to any male or female child under eighteen years of age.
(d) Records. Every licensee shall keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold and this record shall be open to the inspection of any police officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the licensee or agent of the licensee's signature; such records shall be retained for not less than two years. Two pieces of suitable identification shall be required of each person purchasing drug paraphernalia items.
(e) Regulation Compliance. The applicant shall comply with all applicable regulations of the Board of Health and the Police Department.
(f) License Fee. Any person, partnership or corporation or any other entity shall in the event it desires to sell drug paraphernalia obtain a license from the Safety Director of the City in the amount of five hundred dollars ($500.00) which shall be a yearly fee.
(g) Definition. "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed and marketed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Ohio R.C. Chapter 3719. It includes, but is not limited to:
(1) Kits used, intended for use or designed and marketed for use in planting, propagating, cultivating, growing, harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use or designed and marketed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) Isomerization devices used, intended for use or designed or marketed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use or designed and marketed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use or designed and marketed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed and marketed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use or designed and marketed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed and marketed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use or designed and marketed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use or designed and marketed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use or designed and marketed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use or designed and marketed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
A. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
F. Miniature cocaine spoons, and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Electric pipes;
J. Air-driven pipes;
K. Chillums;
L. Bongs;
M. Ice pipes or chillers.
(h) License Guidelines for Paraphernalia Designed and Marketed for Use with Illegal Cannabis or Drugs.
(1) Paper - white paper or tobacco-oriented paper not necessarily designed for use with illegal cannabis or drugs may be displayed. Other paper of colorful design, names oriented for use with illegal cannabis or drugs and displayed are covered.
(2) Roach clips - designed and marketed for use with illegal cannabis or drugs and therefore covered.
(3) Pipes - if displayed away from the proximity of nonwhite paper or tobacco-oriented paper, and not displayed within proximity of roach clips, or literature encouraging illegal use of cannabis or illegal drugs are not covered; otherwise, covered.
(4) Paraphernalia - if displayed with roach clips or literature encouraging illegal use of cannabis or illegal drugs it is covered.
(i) Guidelines for Courts. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any. of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this section;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) 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 knows or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community;
(14) Expert testimony concerning its use.
(j) Penalty. Any person or organization, corporation, partnership or other legal entity violating any provision of this section shall be guilty of a misdemeanor of the first degree. The first offense and succeeding offenses during the same calendar year, and each day that such violation shall continue shall be deemed a separate and distinct offense.
(Ord. 190-82. Passed 8-23-82.)