05/09/1988 Meeting (2) - Laserfiche WebLink

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e As a supplier to the targeted stores as well as local stores such as Fred Meyers, Sundance Natural Foods, and New Frontier Market, he questioned how it was determined who was carrying drug paraphernalia. Did everyone get li- censed? Mr. Eisenberg said due to constitutional problems, the Oregon Legislature had not passed legislation regarding this issue. The State is currently working on legislation that would eliminate the City's ordinance. Mr. Eisenberg urged the council to let the State be financially responsible to legal chal- lenges and lawsuits. He said the City views this ordinance as putting tar- geted stores out of business or moving them out of the city; the Bend and Roseburg experiences do not support this conclusion. Mayor Obie closed the public hearing. e Mr. Barkovic responded to those in opposition. He said that the ordinance is not a prohibitory ordinance, and if items such as hypodermic needles are dispensed with the necessary "mental" element, only a license needs to be maintained. The ordinance does not prohibit the activity, and he said this seems to be a point of confusion with what the City seeks to do in the ordi- nance. Mr. Barkovic said the comments regarding constitutionality of the ordinance were surprising to him. Every court that has considered the exact definitions and terms used in the ordinance has found them to be constitu- tional. Mr. Barkovic said the State has had opportunities to pass such legislation and has been unable to pass it. He said that Mr. Fronmeyer's 1986 opinion regarding the Model Drug Paraphernalia Act found the act to be constitutional on any challenge he could contemplate. With respect to the reporting requirements, they are precisely the same as those respecting used merchandise dealers' record-keeping. Referring to the Bend situation, Mr. Barkovic said he had no response to this; the City's authority is restricted to the city limits. He did not think this was a valid criticism as nothing would get done by the City. Mr. Mann said the bill is similar to the precursor laws administered through the State, so there is some precedence. He said that there are businesses who will try to operate with the license, and the Department of Public Safety will work with those businesses to ensure those businesses understand the licensing requirements and abide by them. Councilor Ehrman asked if the ordinance covered both retail and wholesale operations. Mr. Mann responded it covered both. Councilor Ehrman asked what the purpose of the record-keeping requirement is. Mr. Mann responded that this is a transaction similar to used merchandise transactions or precursor laws. A purchase can be a legitimate transaction, or it can be precursor to a legal transaction. Councilor Ehrman asked if the names would be entered into a computer. Mr. Mann said no; like a pawnshop situation, the department looks at the material transported and uses the name to develop investigative leads. He said the department also looks at trends in terms of what type of item is being bought and in what volume. Mr. Mann said he was unaware of the volume of transaction or if there really is much of a problem in terms of e MINUTES--Eugene City Council May 9, 1988 Page 10