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<br />sales of these items. Councilor Ehrman asked how the true name and current <br />~ address would be secured. Mr. Mann said identification would be required. <br /> <br />Referring to Ms. Timmon's testimony regarding business license fees, Council- <br />or Holmer asked if the City could realize 100 percent of the cost of the <br />business license fee. Mr. Mann said the cost of the business license is <br />covered under administrative rules. Mr. Gleason said the council generally <br />sets a category and instructs the staff to examine that category based on a <br />percentage of desired recovery. <br /> <br />e <br /> <br />Councilor Wooten discussed hypodermic needles in Subsection K. She asked if <br />this would require pharmacies to be licensed under the ordinance. Mr. Mann <br />said no. Mr. Barkovic said the reason they aren't covered is because of the <br />IImental" element that goes along with the requirement. The City must show <br />that the business is selling or marketing these items knowing they will be <br />used with controlled substances. Councilor Wooten asked if "headshops" sold <br />syringes. Staff did not know. Mr. Mann said he had not seen them. Council- <br />or Wooten addressed Mr. Barkovic. She said she would support this ordinance <br />with trepidation. She was concerned about the legal implications of what the <br />City was doing. She asked how the City planned to prove IIknowing or intended <br />for use." These terms have been interpreted as being constitutionally vague <br />in other court cases she was aware of. How would the City know whether or <br />not someone intends or knows an item is going to be used for illegal purpos- <br />es? Mr. Barkovic said in any criminal statute there is always a mental <br />element that the State or City must prove; second, the ordinance lists a <br />number of factors considered to determine the use to which a particular <br />product will be put. These factors must be considered and evidence developed <br />as to someone1s mental state. He said it was difficult. Councilor Wooten <br />asked again how mental state was determined. Was it the way the person <br />looked or how old they are? Mr. Barkovic referred to Section 3.300. <br /> <br />Councilor Wooten said she would like more information regarding who sells <br />hypodermic needles. She did not think they were carried by "head" shops. <br /> <br />Councilor Miller addressed the PSAC recommendation that the wilful violation <br />be defined as the second violation. He asked for more information on this. <br />Mr. Barkovic said that in the initial draft the penalty was for a second <br />violation in a one-year period; this was extended to a third violation within <br />two years because of the many licensing requirements and simple mistakes <br />could be made by the business. He said that Police Services was comfortable <br />with the penalty. <br /> <br />Councilor Bascom asked for an assessment of liability. Mr. Barkovic said <br />that businesses can challenge the ordinance; however, other ordinances such <br />as this have passed court challenges. Mr. Barkovic said that the City has <br />copies of those favorable court interpretations. Mr. Gleason added that any <br />ordinance the council passes is subject to challenge. <br /> <br />Councilor Rutan said the ordinance being proposed is a bare mlnlmum and he <br />was embarrassed that the council had not taken this action long ago. He <br />strongly supported the ordinance. <br /> <br />e <br /> <br />MINUTES--Eugene City Council <br /> <br />May 9, 1988 <br /> <br />Page 11 <br />