San Leandro Municipal Code Art. 2 License Required

(Legislative History: Ordinance No. 81-083, 12/11/81; Ordinance No. 82-012, 3/15/82; Ordinance No. 2002-032, 12-9-02 (Section 4-2-230))

Every person conducting or managing a drug paraphernalia store shall first procure a license, and pay in addition to any other fees required by law, a license fee in the amount of One hundred dollars.

Any person engaged in, conducting, managing or carrying on a drug paraphernalia store, shall not (a) permit persons under the age of 18 years of age to enter, unaccompanied by his or her parent or legal guardian, any area of such establishment or store, where such person under the age of 18 years may view drug paraphernalia; (b) sell drug paraphernalia to any person under the age of 18 years of age.

Any drug paraphernalia store licensed under the provisions of this Chapter shall maintain a sign posted in reasonably visible and legible words to the effect that drug paraphernalia are sold or offered for sale and that minors, unless accompanied by a parent or legal guardian, are excluded.

No person shall be eligible for a license to conduct or manage a drug paraphernalia store if such person has been convicted of violating §§ 11351, 11352, 11353, 11354, 11359, 11360, 11361 and 11364 of the California Health and Safety Code.

No person shall be eligible for a license to conduct or manage a drug paraphernalia store if such person has violated § 11364.5 of the Health and Safety Code or any local ordinance regulating the sale and/or display of drug paraphernalia and, as a consequence of such violation has had revoked any license, permit or entitlement issued by a city, county or city and county for the privilege or engaging in such a business.

The procedures for issuance, investigation, denial, revocation, suspension and renewal of licenses provided in Chapter 2 of Title II of this Code shall be applicable to licenses issued hereunder.

Any violations of the provisions of this Chapter are expressly deemed and declared to be a public nuisance, and such violations shall be abated in the manner provided in Chapter 1-12.