San Dimas Municipal Code Ch. 5.100 Businesses Selling or Displaying Narcotic Paraphernalia Devices

This chapter shall be known and may be cited as the "San Dimas drug paraphernalia" ordinance.

(Ord. 730, 1981)

A. Except as authorized by this title or other law, no person shall maintain or operate any place of business in which drug paraphernalia are displayed or offered for sale unless such drug paraphernalia are displayed or offered for sale within a separate room or enclosure to which persons under the age of eighteen years not accompanied by a parent or legal guardian are excluded.

B. Each entrance to such a room or enclosure shall be signposted in reasonably visible and legible words in letters at least three-quarters inches high, to the effect that:

1. Drug paraphernalia are displayed or offered for sale in such room or enclosure and that minors, unless accompanied by parent or legal guardian are excluded; and

2. Violations by minors of this chapter shall be enforced as infractions.

(Ord. 730, 1981)

A. Except as authorized by this title or other law, no owner, manager, proprietor or other person in charge of any room or separate enclosure, within any place of business, in which drug paraphernalia are displayed or offered for sale shall permit or allow any person under the age of eighteen years to enter, be in, remain in or visit such room or enclosure unless such minor person is accompanied by one of his or her parents or by his or her legal guardian.

B. Except as authorized by this title or other law, no room or separate enclosure where drug paraphernalia are displayed or offered for sale in any place of business shall be left unattended by either an owner, manager, proprietor or other person in charge of such business when a minor is lawfully present therein.

(Ord. 730, 1981)

Unless authorized by this title or other law, no person under the age of eighteen years shall enter a separate room or enclosure in any place of business in which drug paraphernalia are displayed or offered for sale unless accompanied by one of his or her parents or by his or her legal guardian.

(Ord. 730, 1981)

A. As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. "Drug paraphernalia" includes, but is not limited to, all of those items listed in Section 11364.5 of the California Health and Safety Code.

B. As used in this chapter, "displayed or offered for sale" means the keeping, displaying or offering for sale in any manner, selling, supplying, transferring or giving away of "drug paraphernalia" as defined in section.

C. In determining whether an object is "drug paraphernalia," in addition to considering all of those items listed in Section 11364.5 of the California Health and Safety Code and all other logically relevant evidence, the revocation of any previous licenses or permits by the city council pursuant to this title may be considered.

(Ord. 730, 1981)

A. If the director of finance or other enforcement officer under this title finds any business within the city operating in violation of this chapter or Section 11364.5 of the California Health and Safety Code or Section 308 of the California Penal Code, such officer shall deliver a notice to the owner, manager, proprietor or other person in apparent charge or control of any such business clearly specifying the nature of the violation and demanding that said business cease and desist within ten days of the date of said notice from violating the provisions of this chapter. At least ten days after the date of delivery of said notice, the officer shall inspect the business and determine whether said violation still exists. If said violation still exists, the officer shall serve upon the owner, manager, proprietor or other person in apparent charge or control of said business a notice of hearing on the revocation of the business license permit or other entitlement authorizing the conduct of said business.

B. Notice of the hearing shall include the time and place of the public hearing, a description of the matter to be considered and location of the business, and shall be given at least ten days prior to the hearing in the following manner:

1. By publication once in a paper of general circulation, if any;

2. By posting and notice in at least three public places in the city, including at least one notice upon the affected business;

3. By mail or delivery of the notice of the business and to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment roll as owning real property within five hundred feet of the subject business;

4. By giving such other additional notice as deemed appropriate by the body or officer conducting the hearing.

C. The hearing upon the revocation of business licenses, permits or other entitlements for violations of this chapter shall be held by the city council at the time and place provided in the notice. The city council shall consider all logically relevant evidence including all evidence specified in this title. At the conclusion of said hearing, the city council shall determine whether a violation of this chapter, Section 11364.5 of the California Health and Safety Code or Section 308 of the California Penal Code exists and shall declare the business license, permit or other entitlement revoked if the city council determines that a violation does so exist.

(Ord. 730, 1981)

Prior to issuance or renewal of any license, permit or other entitlement, the issuing officer under this title shall determine if a violation of this chapter exists. If such a violation does exist, such license, permit or other entitlement shall not be issued or renewed. The determination may be appealed to the city council and may be heard and decided by the city council in accordance with Section 5.100.015.

(Ord. 730, 1981)

Whenever any business has received three separate notices to cease and desist from violating the provisions of this chapter, even though none of such notices led to a hearing before the city council pursuant to Section 5.100.015, the license, permit or other entitlement of such business authorizing it to conduct business within the city shall be immediately revoked by the observing officer and shall be null and void thereafter.

(Ord. 730, 1981)

A. After revocation or nonrenewal of a license, permit or other entitlement pursuant to this title and chapter, the license, permit or other entitlement may not be renewed unless satisfactory assurance is given that all provisions of this title and this chapter will be complied with and the renewal is approved by a four-fifths vote of the city council. In the event of any subsequent violation, the license, permit or other entitlement shall be immediately revoked by the observing officer and shall be null and void thereafter.

B. The operation of any business without a business license, permit or other entitlement as required by this title and this chapter shall be subject to the criminal penalties contained in Title 1 and this title of the San Dimas Municipal Code.

C. Any person under the age of eighteen years who violates Section 5.100.013 shall be guilty of a misdemeanor or an infraction punishable as provided in Chapter 1.12.

(Ord. 730, 1981; Ord. 922 § 3, 1990)