04/25/1988 Meeting - Laserfiche WebLink

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e businesses to keep drug paraphernalia items out of sight of juveniles. Lieutenant Mann said it could be enforced using current business licensing mechanisms and with current Department of Public Safety personnel levels. At Mayor Obie's request, Lieutenant Mann said he had investigated the magnitude of the drug problem in Eugene. He reported a high correlation between property crimes and drug-related activity. Skipworth reported that of the petitions filed on juveniles, 80 percent of those juveniles tested positive for drug use. Oregon Trails reported 177 juvenile inpatients since they began operating in September 1987. Dan Barkovic of the City Attorney's Office introduced the ordinance. He described it as incorporating what is already in place for regulating various businesses under Chapter Three in terms of licensing requirements. Mr. Barkovic listed specific requirements for a business license under the proposed ordinance: 1) records of drug paraphernalia sales must be kept, 2) a license must be obtained by a business that sells drug paraphernalia, 3) drug paraphernalia must be separated from other merchandise so that minors are not allowed to view it, and 4) persons who sell drug paraphernalia may not have convictions for drug-related offenses. e Enforcement procedures for violation of any substantive provisions of the ordinance include: 1) the person, business, or corporation will be cited into municipal court under a civil proceeding with a maximum fine of $500, 2) the City of Eugene can undertake revocation of the license through an administrative process, and 3) a forfeiture proceeding can be brought for three or more convictions for violation of the drug paraphernalia sales license. Mr. Barkovic said the last procedure would be good incentive to keep businesses in compliance. The mechanics of license application will not change from current Chapter 3 proceedings. Mr. Barkovic described as one of the important aspects of the ordinance its requirement that it must be shown that the person is selling drug paraphernalia knowing or having reason to know that it will be used with a controlled substance. He called this the mental element of the offense. It is anticipated that the licensing agency will contact businesses that it thinks are selling drug paraphernalia and will make a threshold determination of whether the merchandise qualifies as drug paraphernalia under the ordinance. If the City determines the merchandise is drug paraphernalia, it will notify the business that a license is required. Mr. Barkovic said the State has considered an outright ban of drug paraphernalia, and if a state-wide ban were to be enacted, the City's ordinance would become moot. Until that time, other options include an outright ban with a criminal penalty or an outright ban with a fine only. Mayor Obie expressed the council's appreciation for the research and development of the proposed ordinance. Answering Mr. Holmer's question of whether $500 was the maximum allowable penalty, Mr. Barkovic said that as a civil violation instead of a criminal e MINUTES--Eugene City Council Dinner/Work Session April 25, 1988 Page 2