Oceanside Municipal Code Art. XI Tobacco and Drug Paraphernalia Establishments

(a) Tobacco and drug paraphernalia establishment means any premises where tobacco and drug paraphernalia is displayed for sale, offered for sale or sold, and which devotes more than a two (2) foot by four (4) foot (two (2) feet in depth maximum) section of shelf space for tobacco and drug paraphernalia.

(b) Tobacco and drug paraphernalia is defined as:

(1) Including but not limited to one (1) or more of those items identified in that list set forth in subdivision (3) below, shall mean any device intended or designed primarily for use by individuals for the smoking or ingestion of tobacco, notwithstanding that the devise may also be used 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.

(2) A device "designed primarily for" the smoking or ingestion set forth in subdivision (a) above, is a device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of tobacco or nicotine, and is peculiarly adapted to that purpose by virtue of a distinctive feature or combination of features associated with tobacco or drug paraphernalia, notwithstanding that the devise may also be used for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine or any other "controlled substance," or 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 that 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 smokeable pipe which contains a heating unit, whether the device is known as an "electric pipe," or otherwise, including but not limited to an electronic cigarette as defined in Health and Safety Code Section 119405 or a similar device intended to emulate smoking, which permits a person to inhale vapors or mists that may or may not include nicotine;

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 burning material, such as a cigarette that has become too small or too short to be held in the hand, whether the device is known as a "roach clip," or otherwise;

(4) Lighters and matches shall be excluded from the definition of tobacco and drug paraphernalia.

(Ord. No. 03-OR449-1, § 1, 7-2-03; Ord. No. 14-OR0225-1, § 2, 3, 4-16-2014)

(a) It shall be unlawful for any person in charge or control of any tobacco and drug paraphernalia establishment to knowingly allow or permit a person under the age of eighteen (18), not accompanied by their parent or legal guardian, to enter or remain within any tobacco and drug paraphernalia establishment.

(b) It shall be unlawful for any person in charge or control of a tobacco and drug paraphernalia establishment to fail to display and maintain, or fail to cause to be displayed and maintained, at least one sign stating that a person under the age of eighteen (18) may not enter the premises unless accompanied by their parent or legal guardian. These signs shall be placed in a conspicuous location near each public entrance to the tobacco and drug paraphernalia establishment.

(c) In the event that a sign or signs have been posted as required in subdivision (b) above, it shall be unlawful for a person under the age of eighteen (18) to enter or remain in any tobacco and drug paraphernalia establishment, unless he or she is accompanied by their parent or legal guardian.

(Ord. No. 03-OR449-1, § 1, 7-2-03)

The penalties and provisions of chapter 1 of this Code shall apply to any violations of this article.

(Ord. No. 03-OR449-1, § 1, 7-2-03)

Nothing in the definition of tobacco and drug paraphernalia establishments is intended to, nor shall be interpreted as legalizing or applying to the delivery, furnishing, transfer, possession or manufacture of drug paraphernalia or any use otherwise prohibited by state or federal law, including without limitation, Penal Code Section 308 and Health and Safety Code Sections 11014.5, 11364, 11364.5 and 11364.7.

(Ord. No. 03-OR449-1, § 1, 7-2-03)

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council hereby declares that it would have passed this article and adopted this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 03-OR449-1, § 1, 7-2-03)

Retail sales and display of tobacco and drug paraphernalia shall only take place in an enclosed building or tobacco and drug paraphernalia establishment. It shall be unlawful for any person to sell or display for sale tobacco and drug paraphernalia at a fair, street market, event or location other than in an enclosed building or tobacco and drug paraphernalia establishment.

(Ord. No. 05-OR0103-1, § 1, 2-23-05)