(Added By Ord. No. 153,791, Eff. 6/16/80.)
A. Management. (Amended by Ord. No. 174,793, Eff. 10/6/02.)
1. It shall be unlawful for any person in charge or control of any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, to knowingly allow or permit a minor, not accompanied by one or both of his or her parents or by his or her legal guardian, to enter and remain within any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold.
2. It shall be unlawful for any person in charge or control of a business establishment where drug paraphernalia is displayed for sale, offered for sale, or sold, to fail to display and maintain or fail to cause to be displayed and maintained, at least one sign stating that a minor may not enter unless accompanied by one or both of his or her parents or by his or her legal guardian. These signs shall be placed in a conspicuous location near each public entrance to the business establishment where drug paraphernalia is displayed for sale, offered for sale, or sold.
3. In the event a substantial number of the public invitees or patrons of a business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, uses a language other than English as a primary language, any sign required pursuant to this section shall be worded in both English and the language or languages involved.
B. Minors. In the event a sign or signs have been posted as required by Subsection A above, it shall be unlawful for a minor to enter any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, unless a minor is accompanied by one or both of his or her parents or by his or her legal guardian. (Amended by Ord. No. 174,793, Eff. 10/6/02.)
C. Definitions.
1. “Drug paraphernalia,” including but not limited to one or more of those items identified in that list set forth in Subdivision 3 hereinbelow, shall mean any device designed primarily for use by individuals 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 of the State of California.
2. A device “designed primarily for” such smoking or ingestion set forth in Subdivision 1 above is a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding that it might also be possible to use such service for some other purpose.
3. Includable Items or Devices:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured metal bowls;
(b) 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 than would otherwise be possible, whether the device is known as a “bong,” or otherwise;
(c) 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;
(d) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe,” or otherwise;
(e) 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;
(f) A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure;
(g) A device for holding a cigarette, whether the device is known as a “roach clip,” or otherwise;
(h) A spoon for ingestion through the nose;
(i) A straw or tube for ingestion through the nose or mouth.