Santa Clara County Municipal Code Ch. IV Sale of Drug Paraphernalia to Minors

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Editor's note— Ord. No. NS-300.184, § 1, adopted Jan. 22, 1974, amended this Code by repealing former Ch. IV, §§ A20-53—A20-56, derived from Ord. No. NS-300.160, § 1, adopted Feb. 1, 1972, pertaining to the Commission on Alcoholism. Subsequently Ch. IV, §§ A20-53—A20-58, was added by Ord. No. NS-300.294, § 1, adopted July 24, 1979.

No owner, manager, proprietor or other person in charge of any room in any place of business shall sell or permit to be sold to any person under the age of 18 years 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, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the foregoing.

(Ord. No. NS-300.294, § 1, 7-24-79)

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, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room.

(Ord. No. NS-300.294, § 1, 7-24-79)

A person under the age of 18 years shall not be, remain in, enter or visit any room in any place used for the sale or displaying for sale of any devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing.

(Ord. No. NS-300.294, § 1, 7-24-79)

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, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless within a separate room or enclosure from which minors 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 are excluded.

(Ord. No. NS-300.294, § 1, 7-24-79)

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 section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Code of Civil Procedure § 731 of the State of California.

(Ord. No. NS-300.294, § 1, 7-24-79)

Any person who violates any provision of this chapter or fails to comply with any of the mandatory requirements of this Ordinance Code shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. No. NS-300.294, § 1, 7-24-79)