Ord 66ORDINANCE NO. 66
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
PERTAINING TO REGULATION OF ITEMS DESIGNED
OR MARKETED FOR USE WITH ILLEGAL DRUGS
WHEREAS, certain items designed or marketed for use with illegal drugs are
being retailed within the City of Poway, California; and
WHEREAS, it is recognized that such items may be legal retail items and that
as such, their sale cannot be banned; and
WHEREAS, there is also evidence that these items are designed or marketed
for use with illegal drugs and it is in the best interests of the health,
safety and welfare of the citizens of the City of Poway to regulate within the
City the sale of items designed or marketed for use with illegal drugs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DOES
ORDAIN that the City of Poway Regulatory Ordinances be amended as follows:
Section 1: Items Designed or Marketed For Use With Illegal Drugs
License Required: It shall be unlawful for any person or persons as
principal, clerk, agent or servant to sell any items, effect, parapher-
nalia, accessory or thing which is designed or marketed for use with
illegal drugs, as defined by the laws of the State of California,
without obtaining a license therefor. Such licenses shall be in addi-
tion to any or all other licenses held by applicant.
Application: An aplication to sell any item, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal
drugs shall, in addition to the requirements of this section, be accom-
panied by affidavits by applicant and each and every employee author-
ized to sell such items that such person or persons have never been
convicted of a drug-related offense.
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Minors: It shall be unlawful to sell or give items as described in
this section (a) in any form to any person under eighteen years of
age.
Records: Every licensee must keep a record of every item, effect,
paraphernalia, accessory or thing which is designed or marketed for use
with illegal drugs which is sold. This record shall be open to the
inspection of any police officer at any time during the hours of busi-
ness. Such record shall contain the following:
Ordinance No. 66
Page 2
i. the name, address, age and date of birth of the purchaser;
ii. the type of identification used to verify the age of the purchaser
including the license number, account number, or serial number of
said identification;
iii. the name and quantity of the Droduct sold to said purchaser;
iv. the date and time of the sale; and
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v. the licensee or agent of the licensee's signature.
Falsification of this record or any portion thereof, or presentation by
any purchaser of false identification, shall be a violation of this
Ordinance. The records herein described shall be retained for not less
than two (2) years.
Regulations: The applicant shall comply with all applicable regula-
tions of the Police Department (San Diego County Sheriff) of the City
of Poway.
Fee: The fee for the license referred to in Section a. shall be
$250.00 per year.
Penalty: Any person violating any provision of this section shall be
guilty of a misdemeanor and shall be punished by a fine not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or
imprisonment not exceeding six (6) months, or both such fine and im-
prisonment for each such offense. Each day of the continued violation
shall be deemed a separate and distinct offense.
Public Nuisance: A violation of any provision of this Ordinance is
declared to be a public nuisance subject to abatement pursuant to the
general laws of the State of California and the City of Powayo
Severability: The City Council hereby declares that it would have
passed this Ordinance provision by provision and does hereby declare
that the provisions of this Ordinance are severable and if for any
reason any sentence, paragraph or section of this Ordinance shall be
held invalid, such decision shall not affect the validity of the
remaining provisions of this Ordinance.
Section 2: That all ordinances, or parts of ordinances, in conflict
herewith are hereby repealed.
Ordinance No. 66
Page 3
Section 3. This Ordinance shall be effective thirty (30) days after its
adoption and the City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published at least once in a paper of general circulation
within the City of Poway within fifteen days (15) after its adoption.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 27th day of July, 1982, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 10th day of August, 1982, by
the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
EMERY, KRUSE, ORAVEC, TARZY, SHEPARDSON
NONE
NONE
Mary L. ~pardso~, Mayor
Marjorie~. Wahlsten, City Cle