As used in this chapter, the following terms shall be ascribed the following meanings:
BUSINESS: A fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
CONTROLLED SUBSTANCE: Those controlled substances set forth in sections 11054, 11055, 11056, 11057 and 11058 of the California Health And Safety Code, identified as schedules I through V, inclusive, as said sections now exist or may hereafter be amended. "Controlled substances" shall also include all substances otherwise prohibited for display, sale, distribution, consumption, or possession within the city of Taft by other sections of this code.
DISPLAY: To show to a patron, or place in a manner so as to be available for viewing or inspection by a patron.
DISTRIBUTE: To transfer ownership or a possessory interest to another, whether for consideration or as a gratuity, and includes both sales and gifts.
DRUG PARAPHERNALIA: All equipment, products, and materials of any kind which are used or are intended by a person charged with a violation of this chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state of California, even if under some circumstances such activity is permitted under a law of the state of California, including, but not limited to, the following:
(A) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(B) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(C) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
(D) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(E) Scales and balances used or intended for use in weighing or measuring controlled substances.
(F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances.
(G) Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(H) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(I) Capsules, balloons, envelopes, and other containers used or intended for use in packaging small quantities of controlled substances.
(J) Containers and other objects used or intended for use in storing or concealing controlled substances.
(K) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
2. Water pipes.
3. Carburetion tubes and devices.
4. Smoking and carburetion masks.
5. Metal or decorative clips, commonly known as alligator clips, tweezers or other devices used or intended to be used to hold marijuana cigarettes.
6. Miniature spoons used or intended to be used to measure cocaine, and vials used or intended to be used to contain cocaine.
7. Chamber pipes.
8. Carburetor pipes.
9. Air driven pipes.
10. Bongs.
In determining whether an object is "drug paraphernalia" as defined herein, a court or other authority may, but need not, consider, in addition to all other logically relevant factors, the following: statements by an owner or by anyone in control of the object concerning its use; the existence of any residue of controlled substances on the object; direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows or reasonably should know intend to use the object to facilitate a violation of the laws of the state of California relating to controlled substances; instructions, oral or written, provided with the object concerning its use; descriptive materials accompanying the object which explain or depict its use; the manner in which the object is displayed for sale, including, without limitation, display in the same business with items referencing or depicting controlled substances and/or drug paraphernalia; direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; the existence and scope of legitimate uses for the object in the community; and expert testimony concerning its use.
PATRON: A person who enters a business for the purpose of purchasing or viewing as a shopper, merchandise offered for sale at the business.
PERSON: A natural person or any firm, partnership, association, corporation or cooperative association. (Ord. 811-15, 5-19-2015)