Ordinance No. 19552 - Laserfiche WebLink

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furnished, transferrred, or given away unless such drug paraphernalia are completely and wholly kept, displayed or offered within a separate roam or enclosure to which persons under the age of 18 are excluded. Each entrance to such a room or enclosure shall be clearly posted in reasonably visible and legible words to the effect that drug paraphernalia are kept, displayed or offered ~n such room and that minors are excluded. ~2} Nv business, owner, licensee or proprietor shall permit any person under the age of 18 years to enter, remain or visit a room or enclo- sure described in subsection ~1} which contains drug paraphernalia. ~3} No permit for a drug paraphernal i a sales 1 i cense shal 1 be issued until such time as the applicant has complied with the provisions of subsection ~1}. 3.310 Dru Para hernal i a - Re ul at i ons . The 1 i censee shal 1 campl y with all applicable federal, state and local laws and regulations. Con- viction of the licensee far any drug- or controlled substance-related offense, except possession of less than one ounce of marijuana, shall be grounds far revocation of the license. 3.312 Dru Para hernalia - Exem t Persons. The provisions of sections 3.300 to 3.314 of this Cade do not apply to any of the following: ~a} A pharmacist or other licensed health care provider who sells or furnishes drug paraphernalia as defined in section 3.005 of this code upon the prescription of a physician, dentist, podi~ atr~st yr veter~nar~an; ar fib} A physician, dentist, podiatrist, yr veterinarian who furnishes or prescribes drug paraphernalia as defined in section 3.305 of this code to his or her patients. 3.314 Civil Forfeiture. ~1} A willful violation of any of the provisions of sections 3.300 to 3.310 of this code by any person may, upon a determination of the viola- tion, result in the seizure and civil forfeiture of all drug paraphernalia possessed and/or offered for sale by such person within the city in accordance with the procedures set forth herein. 42} A willful violation of sections 3.300 to 3.310 of this code shall mean a second violation, committed on separate days, of any of the re- quirements stated herein within any two year period. ~3} Upon conviction Of a person far the second separate violation as set forth above, the city may institute a forfeiture proceeding in rem to obtain a 3udgment of forfeiture against all drug paraphernalia possessed and/or offered for sale by such person within the City. ~4} Any property subject to forfeiture to the city under this sec- tion may be seized by any peace officer on behalf of the city without issues once of process only when: ~a} The seizure is incident to a search under a search warrant ar an inspection under an administrative search warrant. fib} The property subject to seizure has been the subject of a prior judgment in favor of the city in a forfeiture proceeding under this code. Ordinance - 5