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ORDINANCE NO. 869 (1980 Series)
AN ORDINANCE OF THE, CIT OF,, AN LUIS OBISPO
ADDING CHAPTER X T�t t CLE IV OF THE SAN LUIS
OBISPO MUNICIPAL CODE TO PROHIBIT THE DISPLAY
AND SALE OF DRUG PARAPHERNALIA TO MINORS
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 6 hereby is added to Arti€xle 1V of the San Luis Obispo Municipal
Code to read as follows:
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"Section 400. Title.
This Chapter shall,.be known and may be cited as the Drug Paraphernalia Sale and
Display Regulations of the City of San Luis Obispo.
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Section 401. Definitions.
The following terms shall have the following meanings when used in this Chapter:
(a) "Drug paraphernalia" shall have the meaning ascribed to it by Section 11364.5
of the California Health and Safety Code.
(b) "Minor person" means a person.under the age of 18 years.
Section 4902. Prohibitions.
(a) Except as provided by law, no person maintaining or operating any place of
business in which drug paraphernalia is kept, displayed or offered in any manner, sold,
furnished, transferred or given away shall allow the display of such drug paraphernalia
to a minor unless:
(l.). The minor is accompanied by a parent or legal guardian, and
(2) The drug paraphernalia is completely and wholly kept, displayed, or offered
within a separate room or enclosure. Each entrance to such room or enclosure shall be
sign posted in reasonably visible and legible words to the effect that drug paraphernalia
are kept, displayed or offered in such room of enclosure and that minors, unless
accompanied by a parent or legal guardian, are excluded.
(b) Unless authorized by law, no person shall sell, furnish, transfer, or give
away drug paraphernalia to a minor.
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Ordinance No. 869 (1980 Series)
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Section 403. Exemptions.
This Chapter shall not apply to any of the following:
(a) Any pharmicist or authorized person who sells or furnishes hypodermic
syringes, needles and other objects intended for use or designed for use in parenterally
injecting controlled substances, as defined in the California Health and Safety Code,
into the human body upon the prescription of a phsyician, dentist, podiatrist or
veterinarian.
(b) Any physician, dentist, podiatrist or veterinarian who furnishes or
prescribes hypodermic syringes, needles and other objects intended for use or designed
for use in parenterally injecting controlled substances, as defined in the California
Health and Safety Code, into the human body to his or her patients.
(c) Any manufacturer, wholesaler or retailer licensed by the California
State Board of Pharmacy to sell or transfer hypodermic syringes, needles and other
objects intended for use or designed for use in parenterally injecting controlled
substances, as defined in the California Health and Safety Code, into the human body."
SECTION 2. This Ordinance, together with the ayes and noes, shall be published
once in full, at least three (3) days prior to its final passage in the Telegram- Tribune,
a newspaper published and circulated in said City, and the same shall go into effect
at the expiration of thirty (30) days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a meeting held on the 28th day of
Bond
AYES:
NOES:
ABSENT:
October , 1980, on motion of Councilman
seconded by Councilwoman Billig , and on the following roll call vote:
Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
None
None
ATTEST:
CIT RK H. FITZPATRICK
-2-
Ordinance No. 869 (1980 Series)
Approved:
Q! G�
City Administrativof Officer
City Attorney
Poli hief
-3-
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ORDINANCE NO. 869 (19 80 Series)
FINALLY PASSED this -18th day of November ,
19 80, on motion of Councilman Dunin , seconded by
Councilman Bond and on the following roll call
vote:
AYES: Councilmember Dunin, Bond, Billig, Munger and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
C' C erk J.H. Fitzpatrick