Tustin Municipal Code Part 1 General

The task of protecting young persons from drug abuse poses unique problems in that young people often lack the discernment and judgment of adults. They often do not make the distinctions adults make between the freedom to advertise or sell an item which may be used for illegal purposes and the impropriety of using that item in an illegal manner. The unrestricted display and sale by businesses of narcotics paraphernalia, enumerated in the California Health and Safety Code, Section 11364, may impress upon young people the conception that the use of such paraphernalia with illegal drugs is endorsed by businesses and condoned by the community. The impression of endorsement or acceptance of controlled substance use is likely to encourage drug use by young people. Therefore, in order to protect the health, safety, and well-being of young people in the community, it is necessary to regulate the advertising, display and sale of such materials in community businesses. (Ord. No. 818, Sec. 1, 1-7-80)

For the purposes of this chapter the following definitions shall apply:

"Advertise" shall mean to verbally, literally or pictorially display, publicize, or tell of an item or a quantum of merchandise that is offered for sale.

"Business" shall mean any commercial enterprise or establishment whether ongoing or transient and whether occupying indoor or outdoor premises.

"Device," "contrivance," "instrument," or "paraphernalia" shall mean bongs, waterpipes or roach clips; and/or pipes, scales, pouches, cigarette papers, and/or pillboxes located within fifty (50) feet of either bongs, waterpipes, or roach clips; and/or literature, posters, or wearing apparel displaying a method of using, growing, manufacturing, or consuming controlled substances as defined in the Health and Safety Code.

"Display" shall mean to show or to have available for viewing.

"Young Person" shall mean any person under eighteen (18) years of age.

"Sell" shall mean to transfer possession of, for consideration, or gratuity. (Ord. No. 818, Sec. 1, 1-7-80)

(a) 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, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such room unless such young person is accompanied by one of his or her parents, or by his or her legal guardian.

(b) No person under the age of eighteen (18) years shall be, remain in, enter or visit any room in any place used for the sale, advertising, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

(c) This Section shall not apply to a licensed pharmacist dispensing properly prescribed drugs otherwise illegal, and selling and advertising devices for the consumption of those prescribed drugs. (Ord. No. 818, Sec. 1, 1-7-80)

No person or business may maintain in any place or business the display for sale, or any offering for sale, devices, contrivances, instruments, or paraphernalia for smoking or injecting of marijuana, hashish, PCP, or any controlled substance unless such place or business is located wholly within a room or enclosure from which persons under the age of eighteen (18) years of age who, not accompanied by a parent or legal guardian, are excluded and the inside and contents of which are not visible from the outside. (Ord. No. 818, Sec. 1, 1-7-80)