Smokes and VapesThere is a smoking paraphenalia shop at the corner of El Camino and Margarita Avenue.    School kids wait on this corner every day on their way to school, waiting for the light to change along with the Crossing Guard who stands in front of the shop to protect them from traffic dangers.  And the kids see this shop coming home every day.  “Smokes and Vapes” has every right to do business in Palo Alto, however, do they have the right to do business on a neighborhood corner.  Do their rights to conduct business trump neighborhood quality of life and the safety of our kids?  Let’s take a look at the existing municipal code.

Would it be worth it to have a conversation with the City about this?  Do any parents want their kids to grow up and patronize this kind of shop?   Do neighbors want the little folks we see running around here to grow up and start going to the “head shop” down the street?  Neighborhoods need all the support they can get to keep the grown ups of tomorrow safe.  For a definition of drug paraphernalia courtesy of Uncle Same visit here.  Here are some items we have lifted from the pages of our city’s municipal code – Article 4 – governing “Business Licenses and Regulation”, Chapter 4, pertaining to Narcotics Paraphernalia:

Bookmark4.58.010   Definition.
   For purposes of this chapter, “narcotics paraphernalia” consists of any device, contrivance, instrument or paraphernalia for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs . This definition includes, but is not limited to, such items as coke spoons, water pipes, hash pipes, roach clips, and opium pipes. This definition does not include cigarette papers or cigarette rolling machines.
(Ord. 4453 § 45 (part), 1997: Ord. 3199 § 1 (part), 1980)

Bookmark4.58.020   Minors restricted.
   No person, including, but not limited to, an owner, manager, proprietor, or salesperson of any place of business selling or displaying for the purpose of sale any narcotics paraphernalia, shall sell or permit to be sold any narcotics paraphernalia to any person under the age of eighteen years.
(Ord. 4453 § 45 (part), 1997: Ord. 3199 § 1 (part), 1980)

Bookmark4.58.030   Sale and display rooms.
   No person shall sell or offer for sale at any place of business to which the public is invited narcotics paraphernalia, except within a separate room or enclosure to which minors under the age of eighteen years who are not accompanied by a parent or legal guardian are excluded. Each entrance to such room or enclosure shall have a sign posted with reasonably visible and legible words to the effect that (1) narcotics paraphernalia are being offered for sale in such room or enclosure; and (2) minors under age eighteen years are excluded unless accompanied by a parent or legal guardian. No person shall permit any minor under the age of eighteen years to enter, visit, or remain in any such room or enclosure unless such minor is accompanied by a parent or legal guardian.
(Ord. 4453 § 45 (part), 1997: Ord. 3199 § 1 (part), 1980)

Bookmark4.58.040   Public nuisance.
   Any violation of this chapter is a public nuisance and may be abated in accordance with Chapter 9.56 of this code and/or Section 731 of the Code of Civil Procedure.
(Ord. 4453 § 45 (part), 1997: Ord. 3199 § 1 (part), 1980)

Bookmark4.58.050   Violations.
   Violations of Sections 4.58.020 and/or 4.58.030 are misdemeanors.
(Ord. 4453 § 45 (part), 1997: Ord. 3199 § 1 (part), 1980)
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation.