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9.16. 010 Sale of drug paraphernalia.

A. Sale of Drug Paraphernalia to Minors. It is unlawful for any person or persons as principal, clerk, agent or servant to sell any items, effects, paraphernalia or accessories which are designed or marketed for use with illegal cannabis or drugs, as defined by the Uniform Controlled Substances Act, without obtaining a license therefor attained through the city. Such licenses shall be in addition to any or all other licenses held by the applicant. The licensing fee shall be five hundred dollars ($500.00) per annum.

B. Drug Paraphernalia License Application. Application to sell any item, effect, paraphernalia or accessories which are designed or marketed for use with illegal cannabis or drugs shall, in addition to all other requirements, be accompanied by affidavits by applicants and each and every employee authorized to sell such items that such person has never been convicted of a drug-related offense and served a term therefor in any penal institution or been imprisoned as a condition of probation for such offense. Any such conviction shall bar the applicant from obtaining a paraphernalia license.

C. Records. Every licensee shall keep a record of every item, effect, paraphernalia, accessory or object which is designed or marketed for use with illegal cannabis or drugs which is sold to a minor 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 verified by the purchaser's presentation of a valid form of California identification, 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.

D. Regulations. The applicant shall comply with all applicable regulations of the department of business licensing and the police department. Any deviance from regulations of HBMC 21-30 shall be deemed an infraction.

E. Management.

1. It is unlawful for any person in charge or control of any business establishment wherein 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 room of such establishment where drug paraphernalia is displayed for sale, offered for sale or sold.
2. It is unlawful for any person in charge or control of a business establishment wherein 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. Any such sign shall be placed in a conspicuous location near each public entrance to such business establishment wherein such drug paraphernalia is displayed for sale, offered for sale, or sold, or near each public entrance to any particular room or rooms therein where such drug paraphernalia is displayed for sale or sold.
3. In the event a substantial number of the public invitees or patrons of a business establishment wherein 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.

F. Minors. In the event a sign or signs have been posted as required by subsection E of this section, it is unlawful for a minor to enter any room of a business establishment wherein drug paraphernalia is displayed for sale, offered for sale or sold, unless said minor is accompanied by one or both of his or her parents or by his or her legal guardian.

G. Definitions.

1. "Minor" means a person under eighteen (18) years of age.
2. "Drug paraphernalia" includes any device designed primarily for use by individuals for the smoking or ingesting 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. A device "designed primarily for" smoking or ingesting is a device which has been fabricated, constructed, altered, adjusted or marked especially for use in the smoking or ingesting of marijuana, hashish, hashish oil, cocaine or any other controlled substance and is peculiarly adopted 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 device for some other purpose. Drug paraphernalia devices also include, but are not limited to the following:
   • 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. 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;
   • j. Paraphernalia, when displayed, grouped, advertised or promoted for sale, to include any item, whether useful for non-drug-related purposes or not, which is displayed, grouped with other items, advertised or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, weighing, manufacturing, cutting, diluting, preserving, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, or any controlled substance, and any item, whether useful for non-drug-related purposes or not, which is designated, decorated, or adorned in a manner to reasonably suggest its usefulness in the above manner. (Prior code § 21-30)

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