Bell Municipal Code Ch. 5.60 Drug Paraphernalia

As used in this chapter, the words and phrases set forth below shall be defined as follows:

"Drug paraphernalia"

means any of the following, when displayed, grouped, advertised, promoted or offered for sale:

Any item, whether useful for nondrug-related purposes or not, which is displayed, grouped with other items, advertised, promoted or offered for sale in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting, ingesting or other use of any controlled substance as defined in the Health and Safety Code of the State of California; and/or

Any item, whether useful for nondrug-related purposes or not, which is designed, decorated or adorned in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, inhaling, injecting, ingesting or other use of any controlled substance as defined in the Health and Safety Code of the State of California.

"Drug paraphernalia store"

means any establishment or place where drug paraphernalia is displayed, grouped, advertised, promoted or offered for sale, either as a primary business or as an incident of some other business. "Drug paraphernalia store" as used in this chapter does not include an establishment or place which is specifically licensed or authorized by the State of California or the federal government or any agency thereof, to sell or offer for sale of any controlled substance as defined in the Health and Safety Code of the State of California, when drug paraphernalia is displayed, advertised or promoted for the purpose of sale to persons authorized by prescription or otherwise to legally possess such a controlled substance with which the drug paraphernalia item is so used.

"Owner"

means the owner or operator of a drug paraphernalia store.

(Prior code § 3625)

The owner of a drug paraphernalia store shall comply with the following regulations:

A. Age Restrictions. No person under 18 years of age shall:

1. Be employed, for any purpose, in a drug paraphernalia store; nor

2. Be or remain in a drug paraphernalia store, unless such minor is accompanied by his or her parent, legal guardian or spouse, over the age of 18 years. The owner of a drug paraphernalia store shall not sell, give or offer to sell or give drug paraphernalia to any person under the age of 18 years of age.

B. Use of Alcohol or Drugs Prohibited. The owner of each drug paraphernalia store shall not permit any person to be in or remain in any part of the building where the drug paraphernalia store is located while in the possession of, and/or under the influence of any alcoholic beverage or prohibited controlled substance.

(Prior code § 3626)