Belmont Municipal Code Art. IV Sale of Drug Paraphernalia to Minors and Minors Solicitation of Alcoholic…

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Editor's note— Ord. No. 678, § 1, adopted June 24, 1980, added Ch. 28 to the Code; however, in order to classify the subject matter of the ordinance with similar provisions, the editor has redesignated the provisions as Ch. 15, Art. IV, §§ 15-67—15-71. Subsequently, Ord. No. 951, § 1, adopted July 11, 2000, amended Art. IV, §§ 15-67—15-71 and added § 15-72 to read as herein set out.

The sale of alcohol, drugs and narcotics paraphernalia in business establishments, open to the public and frequented by minors, tends to induce acquisition and use by minors for smoking, injection or consumption of controlled substances and alcohol. Possession and use of controlled substances are prohibited or limited, by the Controlled Substances Act, California Health and Safety Code, Section 11000 et seq. It is the intent and purpose of this article to prohibit the sale of drug and narcotic paraphernalia to minors and thereby curb the use of illicit and harmful drugs and narcotics by minors in the interest of their mental and physical health. It is the further purpose of this article to prohibit minors' solicitation of alcoholic beverage purchases within the city.

(Ord. No. 678, § 1, 6-24-80; Ord. No. 951, § 1, 7-11-00)

No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any opium pipe or device that could be used to smoke or otherwise ingest any controlled substance, device, contrivance, instrument or paraphernalia for smoking, injecting or consuming any controlled substance, as specified in the California Health and Safety Code, other than prescription drugs and devices to ingest or inject prescription drugs, shall offer to sell, sell or give to any person under the age of eighteen (18) years such paraphernalia.

(Ord. No. 678, § 1, 6-24-80; Ord. No. 951, § 1, 7-11-00)

A person under the age of eighteen (18) years shall not buy, offer to buy or accept as a gift any opium pipe, device, contrivance, instrument or paraphernalia for unlawfully smoking or injecting or consuming any controlled substance, prohibited under the Controlled Substances Act, other than devices to ingest or inject prescription drugs.

(Ord. No. 678, § 1, 6-24-80; Ord. No. 951, § 1, 7-11-00)

Each owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any opium pipe, device, contrivance, instrument or paraphernalia for smoking, injecting or consuming any controlled substance as specified in the California Health and Safety Code, shall prominently display a sign therein, in letters not less than two (2) inches in height, words to the effect that offering to sell or give to any person under the age of eighteen (18) years of any such paraphernalia, or offering to buy, buying or accepting as a gift by a person under the age of eighteen (18) years of any such paraphernalia, is prohibited. Such sign shall cite this article of the Code as the basis for the prohibition.

(Ord. No. 678, § 1, 6-24-80; Ord. No. 951, § 1, 7-11-00)

It is unlawful for any minor, whether on public or private property, to solicit another person to purchase or to furnish an alcoholic beverage for the minor from an off-sale alcohol retailer.

This section shall not apply to a minor's solicitation of another person for the purchase of an alcoholic beverage from an on-sale alcohol retailer.

This section shall not apply to a minor's actual or attempted direct purchase of an alcoholic beverage from an alcohol retailer.

(Ord. No. 951, § 1, 7-11-00)

A violation of any of the provisions of this article is hereby declared to be a public nuisance and may be abated pursuant to the provisions of this Code. This remedy is in addition to any other remedy provided by law, including the criminal penalty provisions applicable for violation of the terms and provisions of this Code.

(Ord. No. 951, § 1, 7-11-00)