Title 10

Chapter 10.38

San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose

SALE AND DISPLAY OF NARCOTIC AND OTHER PARAPHERNALIA

Sections:

10.38.010 Owners, etc., to prohibit minors from premises.

10.38.020 Minors excluded.

10.38.030 Sale and display rooms.

10.38.040 Violations deemed nuisance.

10.38.010 Owners, etc., to prohibit minors from premises.

No owner, manager, proprietor or other person in charge of any room in any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the state of California, including roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, other than prescription drugs and devices to ingest or inject prescription drugs, shall allow or permit any person under the age of eighteen years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian. (Prior code § 4975; Ord. 20028.)

10.38.020 Minors excluded.

A person under the age of eighteen years shall not be, remain in, enter or visit any room in any place used for the sale of or displaying for sale devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, other than prescription drugs, unless such person is accompanied by one of his or her parents, or his or her legal guardian. (Prior code § 4976; Ord. 20028.)

10.38.030 Sale and display rooms.

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 or injecting marijuana, hashish, PCP, or any controlled substance, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, other than prescription drugs and devices to ingest or inject prescription drugs, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors, unless accompanied by a parent or legal guardian, are excluded.

(Prior code § 4977; Ord. 20028.)

10.38.040 Violations deemed nuisance.

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 chapter, of such devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, other than prescription drugs or devices to ingest or inject prescription drugs, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state of California. (Prior code § 4978; Ord. 20028.)