Los Gatos Municipal Code Art. II Head Shops

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State Law reference— Drug paraphernalia, Health and Safety Code § 11364.5.

For the purposes of this article, a head shop is a building or place where merchandise is displayed for the purpose of sale or for the purpose of promoting sales, where:

(1) The nature of the merchandise, or

(2) The nature of some of the merchandise in the context in which it is displayed,

would indicate to a reasonable, well-informed person that some of the merchandise is equipment intended to be used for unlawful administration of drugs.

(Code 1968, § 22-1)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

Any head shop where:

(1) Minors are allowed to enter; or

(2) Equipment which may be used for the unlawful administration of drugs is:

a. Displayed to minors who are either on the premises; or

b. Displayed to minors who are off the premises under circumstances reasonably indicating that the equipment is intended to be used for unlawful administration of drugs as may happen with displays in shop windows; or

(3) Equipment which may be used for unlawful administration of drugs is sold or given to minors;

is a nuisance which shall be enjoined, abated and prevented, whether it is a public or private nuisance.

(Code 1968, § 22-2)

Whenever there is reason to believe that a nuisance under the provisions of this article is kept, maintained or exists in the Town, the Town Attorney, in the name of the people of the State must, or any citizen of the State residing in the Town in such person's own name may, maintain an action in equity to abate and prevent the nuisance and to enjoin perpetually the person conducting or maintaining it, and the owner, lessee or agent of the building or place in or upon which the nuisance exists, from directly or indirectly maintaining or permitting it.

(Code 1968, § 22-3)

If the existence of a nuisance is established in an action as provided by section 17.20.020, an order of abatement shall be entered as part of the judgment in the case. If it is shown that the owner of the premises or the owner's agent had knowledge of the character of the business which gave rise to the cause of action and did not take all reasonable measures to terminate the nuisance, the plaintiff's costs, expenses of litigation and attorney's fees in the action are a lien on the building and place, enforceable and collectible by execution issued by order of the court.

(Code 1968, § 22-4)