[Ord. No. 588, 5-14-1980; CC 2000 §11-202]
- CLOSE PROXIMITY
- Within five hundred (500) feet on a straight line commencing at the property line nearest to each other.
- DETERMINING CONSIDERATIONS
- Used in determining whether an item constitutes an instrument, a court may consider the following:
- 1. Whether a person or business establishment charged with violating this Article is a licensed distributor or dealer of tobacco products under Chapter 79, Article 33 K.S.A.
- 2. Expert testimony as to the principal use of the devices, articles or contrivances claimed to be instruments.
- 3. Evidence concerning the total business of a person or business establishment and the type of devices, articles, contrivances or items involved in the business.
- 4. National and local advertising concerning the use of the devices, articles or contrivances claimed to be instruments.
- 5. Evidence of advertising concerning the nature of the business establishment.
- A device designed for use or intended for use in ingesting, smoking, administering or preparing marijuana, cocaine, phencyclidine, opium or any derivative thereof or any other controlled substance.
- INTENDED FOR USE
- Refers to the intent of the person selling, offering to sell, dispensing, giving away or displaying the instrument herein defined.
- Any person who has not attained eighteen (18) years of age.
- PLACE OF DISPLAY
- Any museum, library, school or similar public place upon which business is not transacted for profit.
- A business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.
- PREMISES OPEN TO MINORS
- Any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.
- SIMULATED DRUGS AND SIMULATED CONTROLLED SUBSTANCES
- Any products which identify themselves by using a common name or slang term associated with a controlled substance or indicate by label or accompanying promotional material that the product simulates the effect of a controlled substance or drug.
- Any public or private elementary, junior high or high school.
All words and phrases as used in this Section shall be defined, interpreted, used and established in accordance with the definitions, usage and interpretations as contained in the Uniform Controlled Substance Act (Section 65-4101, K.S.A.) of the State of Kansas and are incorporated herein and as contained in this Section.
[Ord. No. 588, 5-14-1980; CC 2000 §11-203]
It shall be unlawful for any person to manufacture, possess, have under his/her control, possess with intent to sell, prescribe, administer, deliver, distribute, dispense or compound any opiates, opium, narcotic drugs, marijuana, depressant drug, stimulant drug or hallucinogenic drug, except as authorized by the Uniform Controlled Substance Act of the State of Kansas.
[Ord. No. 588, 5-14-1980; CC 2000 §11-204]
It shall be unlawful for any person, firm or corporation to possess, to sell, offer to sell, dispense, give away or display any instrument or simulated controlled substance or simulated drug in or upon any person or premises which:
Are premises open to minors, unless the instruments, simulated controlled substances or simulated drugs are kept in such part of the premises that is not open to view by minors or to which minors do not have access.
Are in close proximity to a school. Provided however, that display of any such items at a place of display for educational or scientific purposes shall not be unlawful.
Section 215.065 Simulated Controlled Substances and Drug Paraphernalia — Prohibited Acts — Penalties.
No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this City, any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 2001 Supp. 65-4162, and amendments thereto.