Los Angeles Municipal Code § 45.19 Display of Drug Paraphernalia to Minors

(Added By Ord. No. 153,791, Eff. 6/16/80.)

A. Management. (Amended by Ord. No. 174,793, Eff. 10/6/02.)

1. It shall be unlawful for any person in charge or control of any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, to knowingly allow or permit a minor, not
accompanied by one or both of the minor’s parents or by the minor’s legal guardian, to enter and remain within any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold.

2. It shall be unlawful for any person in charge or control of a business establishment where drug paraphernalia is displayed for sale, offered for sale, or sold, to fail to display and maintain or fail to cause to be
displayed and maintained, at least one sign stating that a minor may not enter unless accompanied by one or both of the minor’s parents or by the minor’s legal guardian. These signs shall be placed in a conspicuous
location near each public entrance to the business establishment where drug paraphernalia is displayed for sale, offered for sale, or sold.

3. In the event a substantial number of the public invitees or patrons of a business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, uses a language other than English as a
primary language, any sign required pursuant to this section shall be worded in both English and the language or languages involved.

B. Minors. In the event a sign or signs have been posted as required by Subsection A above, it shall be unlawful for a minor to enter any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, unless a minor is accompanied by one or both of the minor’s parents or by the minor’s legal guardian. (Amended by Ord. No. 174,793, Eff. 10/6/02.)

C. Definitions.

1. “Drug paraphernalia,” including but not limited to one or more of those items identified in that list set forth in Subdivision 3 hereinbelow, shall mean any device designed primarily for use by individuals for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” as that term is defined in the Health and Safety Code of the State of California.

2. A device “designed primarily for” such smoking or ingestion set forth in Subdivision 1 above is a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding that it might also be possible to use such service for some other purpose.

3. Includable Items or Devices:

   (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured metal bowls;

(b) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong,” or otherwise;

(c) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;

(d) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe,” or otherwise;

(e) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb,” or otherwise;

(f) A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under

pressure;

(g) A device for holding a cigarette, whether the device is known as a “roach clip,” or otherwise;

(h) A spoon for ingestion through the nose;

(i) A straw or tube for ingestion through the nose or mouth.

(Added by Ord. No. 174,793, Eff. 10/6/02.)

A. Purpose. Regulating the location where business establishments that display or offer for sale drug paraphernalia is a reasonable and necessary means to protect and promote the general welfare of the children and minors of the City of Los Angeles exposed to illegal drugs.

The regulations promote the general welfare and temperance of children and minors and are intended to help reduce the illegal consumption and purchase of illegal drugs by children and minors by limiting their exposure to drug paraphernalia.

B. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section. Words and phrases not defined here shall be construed as defined in Sections 11.01, and 12.03 of this Code.

1. “Drug paraphernalia,” including but not limited to one or more of those items identified in that list set forth in Subdivision 3 below, shall mean any device designed primarily for use by individuals for the

smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” as that term is defined in the Health and Safety Code of the State of California.

2. A device “ designed primarily for” the smoking or ingestion set forth in Subdivision 1 above is a device, which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking

or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled substance,” and is peculiarly adapted to that purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding that it might also be possible to use the device for some other purpose.

3. Includable Items or Devices:

   (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured metal bowls;

   (b) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong,” or otherwise;

   (c) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;

   (d) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe,” or otherwise;

   (e) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb,” or otherwise;

   (f) A canister, container or other device with a tube, nozzle or other similar arrangement attached and so constructed as to permit the forcing of accumulated smoke into the user’s lungs under pressure;

(g) A device for holding a cigarette, whether the device is known as a “roach clip,” or otherwise;

(h) A spoon for ingestion through the nose;

(i) A straw or tube for ingestion through the nose or mouth.

4. “Public Library” - A place in which literary, musical, artistic, or reference materials, such as books, manuscripts, newspapers, recordings, or films, are kept for use but not for sale, which is under the control, operation or management of the City Board of Library Commissioners.

5. “Public Park” - A park, playground, swimming pool, beach, pier, reservoir, golf course or similar athletic field within the City of Los Angeles, which is under the control, operation or management of the City Board of Recreation and Park Commissioners or the County Department of Beaches.

6. “Religious Institution” - A building that is used primarily for religious worship and related religious activities.

7. “Schools” - An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

C. Prohibitions.

1. No person shall operate a business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, within 500 feet of any school, religious institution, public library or public park.

2. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of a school, religious institution, public library or public park to the closest exterior structural wall of the business establishment without regard to intervening structures.