§ 17.20.060. Retail business specialty or novelty items.

The use of land or building shall be in accordance with those listed in the following uses in title 17, chapter 17.20 et al except no land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which the following is prohibited (i.e., not allowed) in the zoning district in title 17, chapter 17.20:

A.

The regulations in this section apply to businesses dealing in certain novelty items, commonly referred to as "head shops". Specifically, these businesses include any establishment that sells, distributes or manufactures any specialty or novelty items that is not otherwise permitted by law including, but not limited to, the following:

1.

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance, or from which a controlled substance can be derived;

2.

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance;

3.

Isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance, or from which a controlled substance can be derived;

4.

Testing equipment used, intended for use, or designed for use in weighing or measuring controlled substances;

5.

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

6.

Dilatants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, that are used, intended for use, or designed for use in cutting controlled substances;

7.

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or reefing marijuana;

8.

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding substances;

9.

Capsules, balloons, envelope and other containers used, intended for use, or designed for use in packaging controlled substances;

10.

Containers and other objects used, intended for use, or designed of use in storage or concealing controlled substances;

11.

Objects used, intended for use, or designed of use in ingesting, inhaling or otherwise introducing into the human body any controlled substance (including, but not limited to, marijuana, cocaine, hashish oil), such objects including, but not limited to, the following:

a.

Metal, wooden, acrylic, glass, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b.

Water pipes;

c.

Carburetion tubes and devices;

d.

Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that had become too small or too short to be held in the hand;

e.

Miniature cocaine spoons and cocaine vials;

f.

Chamber pipes;

g.

Carburetor pipes;

h.

Electric pipes;

i.

Air-driven pipes;

j.

Chillums;

k.

Bongs; and/or

l.

Ice pipes or chillers.

12.

The term "controlled substances", as used herein, shall mean an refer to those substances now or hereafter including substances under Texas state law) i.e., the Texas Controlled Substances Act Article 447615, V.A.C.S.), as amended.

The provisions of section 17.12.050, Violation—Penalty shall be applicable to this section.

(Ord. No. 2010-01, § 2, 2-23-2010)

Editor's note

Ord. No. 2010-01, § 2, adopted February 23, 2010, enacted provisions intended for use as section 17.20.050. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 17.20.060.