§ 86-107. Drug paraphernalia; sales or display.

(a)

Restrictions.

(1)

No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia, simulated drugs or simulated controlled substances, for smoking, injecting or consuming any controlled substance, as defined in section 86-106, other than prescription drugs and devices to ingest or inject prescription drugs, shall allow or permit any minor to be, remain in, enter or visit such business unless such minor person is accompanied by one of his or her parents or by his or her legal guardian. Such premises must prominently display a sign as provided by the county, posted at the entrance, stating that drug paraphernalia is located on the premises unless the establishment clearly and properly posts signage with lettering no less than three inches tall stating that no persons under 18 may enter the establishment without their parent or guardian.

(2)

No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia, simulated drugs or simulated controlled substances, for smoking, injecting or consuming any controlled substance, as defined in section 86-106, other than prescription drugs and devices to ingest or inject prescription drugs, shall sell, offer for sale, or deliver such device, contrivance, instrument, paraphernalia, simulated drugs or simulated controlled substances, to any minor.

(3)

No place of business that sells, offers for sale or delivers any of the above referenced devices, contrivances, instruments, simulated drugs or simulated controlled substances or paraphernalia shall be located in close proximity to any public or private elementary, middle school or high school, as defined in section 86-106. The board of county commissioners has determined that a one-year amortization period for nonconforming uses is reasonable in that the premises affected by this article are readily adaptable to conforming uses.

(b)

Exceptions to restrictions.

(1)

Minors may be allowed on the premises of any place of business described in subsection (a)(1) provided that the devices, contrivances, instruments, paraphernalia, simulated drugs or simulated controlled substances are kept, displayed, offered for sale, sold or delivered, in a part of the premises that are not open to view by minors or to which minors do not have access. Each entrance to such part of the premises shall have a sign posted in letters not less than three inches tall, excluding minors from the area unless accompanied by a parent or legal guardian.

(2)

Nothing in this section shall prohibit the display of any devices, contrivances, instruments, paraphernalia, simulated drugs or simulated controlled substances at a place of display, as defined in section 86-106.

(Ord. No. 06-73, § 3, 10-10-06; Ord. No. 12-37, § 1, 8-7-12)