Licorice Pizza Records & Tapes, Inc. v. County of Los Angeles

[826]

Opinion

ASHBY, J.

The County of Los Angeles appeals from an order granting a preliminary injunction restraining the enforcement of Los Angeles County Ordinance No. 12146.

The ordinance in question regulates the display to minors of drug paraphernalia for sale. The ordinance prohibits a drug paraphernalia store permitting a minor, unaccompanied by a parent or guardian, to be in any area of the store where the minor may view drug paraphernalia, or selling paraphernalia to a minor. The ordinance describes drug paraphernalia, when displayed, grouped, advertised or promoted for sale, to include “[a]ny item, whether useful for non-drug related purposes or not, which is displayed, grouped with other items, advertised or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance” and “[a]ny item, whether useful for non-drug related purposes or not, which is designed, decorated, or adorned in a manner to reasonably suggest its usefulness” in the above manner.

1

The trial court granted the injunction primarily on the ground that the ordinance is unconstitutionally vague.

In

Music Plus Four, Inc.

v.

Barnet

(1980) 114 Cal.App.3d 113, 125-129 [170 Cal.Rptr. 419], the court held that a similar ordinance of the City of Westminster was not unconstitutionally vague. The language of the instant ordinance differs in certain respects, but the differences do not render the instant ordinance impermissibly vague. The Westminster ordinance referred to devices “for smoking or injecting” certain substances, and roach clips, cigarette papers and rollers “designed for the smoking of’ the foregoing. The instant ordinance, on the other hand, recognizing that many common everyday items which have other purposes may also be used in connection with controlled substances, makes violation of the ordinance turn upon whether an item is displayed, grouped, advertised or promoted in a manner reasonably suggesting its usefulness for controlled substances or which is designed, decorated or adorned in a manner reasonably suggesting such usefulness.