04/25/1988 Meeting - Laserfiche WebLink

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e offense requlrlng a jury trial with the standard of proof beyond a reasonable doubt, $500 is the current Chapter 3 limit. Lieutenant Mann said initial enforcement inspections would not require the presence of a vice officer. Sergeant Siel said the department is aware of two businesses in the area at this time that sell outright and one that sells on a wholesale basis. He said there are also shops in Eugene that sell miscellaneous drug paraphernalia in conjunction with other merchandise. Lieutenant Mannis opinion was that the licensing and inspection processes of the ordinance would not significantly reduce the department's resources for other activities. License applications would initially go to the Permit and Information Center, with the Department of Public Safety performing the background screening. Ms. Wooten referred to page two of the proposed ordinance and asked about common items listed under items Ch) and Ci). Mr. Barkovic explained that the listed items would have to be designed for or intended for use with controlled substances, and the ordinance would require a determination of that design and intent through the use of various factors listed elsewhere in the ordinance. He said this could be a difficult standard to prove. He added that the language has been taken from the Model Drug Act which has been tried and tested by the courts. Lieutenant Mann said he had discussed the impact of the proposed ordinance with a Valley River Center tobacco seller. Nothing in the shop would have led Lieutenant Mann to ask the business to obtain a license. e Mr. Barkovic said the ACLU has expressed some concerns regarding the proposed ordinance, and several changes have been suggested. Prior convictions for possession of less than an ounce of marlJuana would be excluded from the requirement that persons with prior convictions for a drug offense will not be allowed to sell drug paraphernalia. A difficult moral issue was identified in connection with the Willamette Valley AIDS Council's proposal to dispense syringes in an attempt to counter the spread of AIDS. Because it is known that the syringes are to be used with controlled substances, the activity would come under the purview of the proposed ordinance. Mr. Barkovic said exemptions would exist for licensed health care providers, but he was uncertain if the council would qualify for that consideration. Another concern of the ACLU was the record-keeping aspect of the licensing. Mr. Barkovic said under Chapter 3, used merchandise dealers are already required to keep similar records of transactions and to open these records to the police department. He was unable to find any cases that successfully challenged this requirement on privacy grounds. Mr. Barkovic said there would be a slight language modification to require that the seller accurately record the name and address of a purchaser. e MINUTES--Eugene City Council Dinner/Work Session April 25, 1988 Page 3