(a) License Required. It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell any item, effect, paraphernalia, accessory, or thing which is designed or marketed for use with illegal cannabis or drugs, as defined by the Ohio Revised Code, without obtaining a license therefor. Such license shall be in addition to any or all other licenses held by the applicant, and shall be posted in a place on the applicant’s establishment where it can be viewed by the general public.
(b) Application. Application to sell any item, effect, paraphernalia, accessory, or thing which is designed or marketed for the use with illegal cannabis or drugs shall be accompanied by affidavits by the applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug-related offense.
(c) Minors. It shall be unlawful to sell or give items, effects, paraphernalia, accessories, or things which are designed or marketed for use with illegal cannabis or drugs, as defined by the Ohio Revised Code, in any form to any child under the age of 18 years.
(d) Records. Every licensee shall keep a record of every item, effect, object of paraphernalia, accessory or thing, sold or furnished which is designed or marketed for use with illegal cannabis or drugs. Such record shall be opened 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 or person to whom such item or items was furnished; the name and quantity of the item or items; the date and time of the sale or furnishing; and the signature of the licensee or licensee’s employee who effected the sale or furnishing of such item or items. Such records shall be retained for not less than two years. The licensee shall require persons purchasing or receiving such items to produce a valid driver’s license or other form of identification which contains the correct name, address and date of birth of such person. This information shall be maintained in the records required to be kept under this section and shall meet the requirement of age.
(e) Inspections. Periodic inspection shall be made at the discretion of the City Police Department to determine if the records required to be kept by this section are kept in accordance with the terms of this section.
(f) Regulations. The applicant shall comply with all applicable regulations of the City Code, and all other laws and ordinances in effect in the City.
(g) Fee. The fee for the license to sell or furnish items, effects, paraphernalia, accessories, or things which are designed or marketed for use with illegal cannabis or drugs shall be $150.00 per year, which fee shall be paid to the City at the time of filing the application provided for in this section.
(h) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The following definitions or guidelines are included in this section for purposes of illustration of certain items and circumstances of marketing which shall require a license under this section, but such illustrations are not intended to be construed as limiting the items or circumstances of marketing which shall require a license under this section.
(1) Paper. White paper or tobacco-oriented paper not necessarily designed for use with illegal cannabis or drugs may be displayed without a license. Other paper of colorful design or with names suggesting use with illegal cannabis or drugs shall require a license.
(2) Paraphernalia. A license is required for all “paraphernalia” displayed in proximity to papers suggesting their use with illegal cannabis or drugs, roach clips, or literature encouraging the illegal use of cannabis or drugs.
(3) Pipes. No license is required for pipes if they are displayed away from the proximity of papers suggesting their use with illegal cannabis or drugs, roach clips, or literature encouraging the illegal use of cannabis or drugs.
(4) Roach clips. Clips designed for use with illegal cannabis or drugs shall require a license.
(i) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the third degree. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this section is committed, continued, orpermitted. (Ord. 1989-36. Passed 5-23-89.)