For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) Business. “Business” shall mean a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
(b) Display. “Display” shall mean to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
(c) Patron. “Patron” shall mean a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
(d) Distribute. “Distribute” shall mean to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. “Distribute” shall include both sales and gifts.
(e) Controlled substance. “Controlled substance” shall mean those controlled substances set forth in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code of the State, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.
(f) Drug paraphernalia. “Drug paraphernalia” shall mean all equipment, products, and materials of any kind which 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. “Drug paraphernalia” shall include, but not be limited to, all of the following:
(1) Kits intended for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment intended for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(5) Scales and balances intended for use in weighing or measuring controlled substances;
(6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use in cutting controlled substances;
(7) Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devices intended for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances;
(10) Containers and other objects intended for use in storing or concealing controlled substances; and
(11) Objects intended for use in injecting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(vi) Miniature cocaine spoons and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Air-driven pipes; and
(x) Bongs.
In determining whether an object is “drug paraphernalia”, a court or other authority may consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object to controlled substances;
3. The existence of any residue of controlled substances on the object;
4. 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 intend to use the object to facilitate violations of the laws of the State relating to controlled substances;
5. Instructions, oral or written, provided with the object concerning its use;
6. Descriptive materials accompanying the object which explain or depict its use;
7. National and local advertising concerning its use;
8. The manner in which the object is displayed for sale;
9. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
10. The existence and scope of legitimate uses for the object in the community; and
11. Expert testimony concerning its use.
(g) Person. “Person” shall mean a natural person or any firm, partnership, association, corporation, or cooperative association. (§ 1, Ord. 908, eff. April 30, 1981)