Larkspur Municipal Code Ch. 6.14 Sale of Drug Paraphernalia to Minors

Sections: 6.14.010 Prohibited. 6.14.020 Minors Excluded – Where.

6.14.030 Sale and Display Rooms Prohibited. 6.14.040 Nuisance Declared. 6.14.050 Violation – Penalty.

No owner, manager, proprietor or other person in charge of any room in any place of business selling, displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking, injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code, other than a drug for which a prescription has been issued, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter, or visit such rooms unless such minor person is accompanied by one of their parents, or by their legal guardian. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 634 § 1 (part), 1980)

No person under the age of eighteen (18) shall be, remain in, enter or visit any room in any place used for the sale, or displaying for the purpose of sale, devices, contrivances, instruments or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code, other than a drug for which a prescription has been issued, unless such person is accompanied by one of their parents, or their legal guardian. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 634 § 1 (part), 1980)

A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia for smoking, injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code, other than drugs for which a prescription has been issued, unless such display or offering is maintained within a separate room or enclosure from which minors not accompanied by a parent or legal guardian are excluded.

Each entrance to such a room shall be posted with a sign in reasonably visible and legible words, with letters at least two (2) inches in height, to the effect that narcotics paraphernalia are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. 1030 § 2(5), 2018; Ord. 634 § 1 (part), 1980)

The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded as set forth in this section, of devices, contrivances, instruments, or paraphernalia for smoking, injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code, other than drugs for which a prescription has been issued, is declared to be a public nuisance, and may be abated pursuant to the provisions of Code of Civil Procedure Section 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this chapter. (Ord. 1030 § 2(5), 2018; Ord. 634 § 1 (part), 1980)

Any person who is convicted of a violation of this chapter is guilty of a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 1030 § 2(5), 2018; Ord. 634 § 1 (part), 1980)