Canyon Lake Municipal Code Ch. 11.93 Drug Paraphernalia Retail Regulations

For purposes of this Chapter, the following definitions shall apply:

(a) “Controlled substance” shall have the meaning set forth in the California Health and Safety Code.

(b) “Drug paraphernalia” shall have the same meaning as set forth in California Health and Safety Code section 11014.5, as may be amended.

(c) “Drug paraphernalia retailer” means any person or business entity that sells, offers for sale, displays, distributes, furnishes, markets, or possesses for sale any drug paraphernalia.

(d) “Person” means any individual, firm, partnership, association, corporation, limited liability

company, or other entity.

(e) “Premises” means any building, structure, location, parcel, tenant space, or portion thereof used

for commercial purposes.

(f) “Public nuisance” means any condition prohibited by this Chapter and any activity declared to be a nuisance pursuant to this Code or applicable law.

(Ord. 280, passed 8-5-2026)

(a) No person shall knowingly sell, offer for sale, display, furnish, market, distribute, or possess with intent to sell any drug paraphernalia in violation of state law or this Chapter.

(b) No person shall operate a drug paraphernalia retailer without all required City business licenses, land use approvals, permits, and any other approvals required by federal, state, or local law.

(c) No person shall display drug paraphernalia in a manner visible from a public right-of-way or from outside the premises.

(d) No person shall permit the sale, display, or furnishing of drug paraphernalia to any person under 18 years of age.

(e) No person shall maintain a premises in a manner that facilitates unlawful controlled substance activity, loitering, narcotics transactions, public consumption of controlled substances, or other criminal conduct.

(f) No person shall knowingly market products using terminology, imagery, labeling, or advertising associated with unlawful drug consumption or use.

(Ord. 280, passed 8-5-2026)

(a) All drug paraphernalia retailers shall maintain a valid City business license and comply with all zoning requirements applicable to the premises.

(b) Drug paraphernalia retailers shall maintain continuous video surveillance covering all interior customer areas and all entrances and exits. Recordings shall be retained for a minimum of 90 days and provided to the City upon lawful request.

(c) No drug paraphernalia retailer shall operate between the hours of 10:00 p.m. and 6:00 a.m.

(d) Drug paraphernalia shall be maintained behind the sales counter or within locked display cases inaccessible to customers without employee assistance.

(e) The premises shall be maintained free of graffiti, litter, drug-related waste, hazardous materials, and nuisance conditions.

(f) The operator shall permit lawful inspections by City officials during business hours.

(Ord. 280, passed 8-5-2026)

Any violation of this Chapter is hereby declared unlawful and a public nuisance.

(Ord. 280, passed 8-5-2026)

(a) A violation of this Chapter may constitute grounds for denial, suspension, revocation, or nonrenewal of any City business license, business tax certificate, permit, entitlement, approval, or other City authorization held by or requested by the violator, to the extent authorized by this Code and applicable law.

(b) To the extent authorized by this Code and applicable law, the City may withhold issuance or renewal of a City business license, business tax certificate, permit, entitlement, approval, or other City authorization for any business, responsible party, or property where violations of this Chapter have occurred until the violations are corrected and all final penalties, fines, administrative citations, abatement costs, storage costs, disposal costs, and other recoverable costs have been paid.

(c) Any denial, suspension, revocation, nonrenewal, or withholding of a City business license, business tax certificate, permit, entitlement, approval, or other City authorization pursuant to this section shall be carried out in accordance with all applicable notice, hearing, appeal, and due process requirements under this Code and applicable law.

(Ord. 280, passed 8-5-2026)

(a) The City may recover all costs reasonably incurred in investigating, enforcing, prosecuting, and abating violations of this Chapter, including, but not limited to, staff time, inspection costs, enforcement costs, administrative costs, attorneys’ fees where authorized by law, abatement costs, storage costs, disposal costs, and any other costs recoverable under this Code or applicable law.

(b) Costs recoverable under this section may be recovered through any procedure authorized by this Code or applicable law, including administrative proceedings, civil action, nuisance abatement proceedings, collection against a responsible party, or any other lawful method.

(c) Recovery of costs pursuant to this section shall be cumulative and shall not limit the City’s ability to pursue any other remedy, penalty, fine, fee, charge, lien, assessment, or enforcement mechanism authorized by this Code or applicable law.

(Ord. 280, passed 8-5-2026)

(a) Any Person violating any provision of this Chapter may be charged as a misdemeanor or an infraction, at the discretion of the City Attorney or other official authorized by law. In the event a misdemeanor charge is filed, the City Attorney is authorized, to the extent permitted by law, to reduce the charge to an infraction.

(b) In addition to, or in lieu of, criminal enforcement, violations of this Chapter may be enforced by administrative citation, civil action, injunctive relief, nuisance abatement, business license or permit remedies, cost recovery, or any other administrative, civil, or criminal remedy authorized by this Code or applicable law.

(c) A violation of this Chapter may be punished as a misdemeanor by a fine not exceeding one thousand dollars, by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment, to the extent permitted by law. A violation charged as an infraction shall be punishable as provided by law.

(d) Each day that a violation continues shall constitute a separate offense.

(e) The remedies provided in this Chapter are cumulative and not exclusive. Nothing in this Chapter shall be construed to limit any other remedy, penalty, or enforcement authority available to the City under this Code or applicable law.

(Ord. 280, passed 8-5-2026)