Dallas City Code § 51A-4.210 restricts where a paraphernalia shop selling smoking devices may operate. A shop may not be within 1,000 feet of a residential-district lot or a lot with a church, and drive-through windows are prohibited. State law preempts only the under-21 sales age.
Dallas City Code § 51A-4.210 (in Chapter 51A, the Dallas Development Code) defines a paraphernalia shop as an establishment that displays or sells any illegal smoking paraphernalia under Dallas Code Chapter 31, or smoking paraphernalia commonly used to inhale tobacco or illegal substances. Rolling papers and tobacco cigarettes/cigars are not paraphernalia. A paraphernalia shop may not be within 1,000 feet (property line to property line) of a residential-district lot or a church lot, and drive-in or walk-up windows are prohibited. Dallas Code Chapter 41 separately bans smoking and electronic smoking devices in most enclosed public places. Tex. Health & Safety Code § 161.089 preempts only the minimum sales age.
Operating a paraphernalia shop in violation of § 51A-4.210 is a zoning offense enforced by the Building Official. Each day of unlawful operation is a separate offense punishable by up to $2,000. The certificate of occupancy may be revoked.
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