La Palma Municipal Code Art. V Drug Paraphernalia

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Police Chief. The Police Chief of the City of La Palma or his or her designee.

City Manager. The City Manager of the City of La Palma or his or her designee.

Drug paraphernalia. As defined in Health and Safety Code § 11364.5(d).

Entitlement. Any license, permit or other type of entitlement issued to an individual or entity by the City.

Responsible official. The original approval body that issued the entitlement at issue. For entitlements issued under chapter 44 of this Code, the responsible official shall be the person or body designated in sections 44-485, 44-486 and 44-487 as having the authority to make a decision with respect to the entitlement. For ministerial entitlements issued by City staff other than those specified in chapter 44, the responsible official for purposes of this article shall be the Chief of Police.

(a) Pursuant to Health and Safety Code § 11364.5, any violation of Health and Safety Code § 11364.5 regarding the permissible conduct of businesses in which drug paraphernalia is kept, displayed, or offered in any manner, sold, furnished, transferred or given away, shall constitute grounds for revocation or nonrenewal by the City of any entitlement previously issued by the City to the violating business in accordance with subsections (b) or (c) of this section, and shall be grounds for denial of any future entitlement authorizing the conduct of such business or any other business, if the business includes the sale of drug paraphernalia.

(b) An entitlement for which revocation is not provided for in chapter 44, article IV, division 5 of this Code, shall be subject to revocation in accordance with this subsection (b) of this section:

(1) When the responsible official determines, based on reasonable evidence, that a person or business possessing an entitlement issued by the City has violated any provision of Health and Safety Code § 11364.5, the responsible official shall provide the violator 15 days notice of the City's intention to revoke said entitlement by personal service or by first class or certified mail, postage prepaid, addressed to the violating person/business at the address set forth on the entitlement application. Notice shall be deemed given upon personal service or upon placing written notice in the United States mail as provided herein. If within such 15-day period the violating person/business fails to correct the violation, if the violation can be corrected, so as to conform to the requirements of State law, and fails to file an appeal pursuant to this section, the entitlement for which notice was provided shall be revoked at the expiration of such 15-day period.

(2) A violator may, within 15 days after a notice of revocation is given pursuant to this section, appeal any action of the responsible official taken pursuant to the provisions of this article to the City Council, by filing with the City Clerk a notice of appeal, setting forth the facts and circumstances regarding the appeal. The City Council shall hold a hearing on the matter within 15 days from the date on which the appeal is filed. At such hearing, the City Council shall consider all relevant evidence produced by the violator, the responsible official, and other interested parties, and make findings and determine the merits of the appeal. The City Council may affirm, overrule or modify the decision of the responsible official and the decision on such appeal shall be final.

(c) An entitlement for which revocation is provided for in chapter 44, article IV, division 5 of this Code, shall be subject to revocation in accordance with the procedures set forth in that chapter.

The distribution or possession of drug paraphernalia for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as required by State law, is hereby declared to be a public nuisance, and may be abated pursuant to the procedures set forth in chapter 26 of this Code. This remedy is in addition to any other remedy provided by law, including but not limited to the penalties provided for in this article and the penalties applicable for violation of any term or provision of this Code.