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Ordinance No. 19552
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Ordinance No. 19552
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Last modified
6/10/2010 3:45:24 PM
Creation date
2/27/2009 1:34:46 PM
Metadata
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Council Ordinances
CMO_Document_Number
19552
Document_Title
Establishing regulations for items marketed for use with controlled substances requiring licenses; amending Section 3.005 of the Eugene Code, 1971; adding 3.300, 3.302, 3.304, 3.306, 3.308, 3.310, 3.312 & 3.314 to that Code; & declaring an emergency.
Adopted_Date
5/9/1988
Approved Date
5/9/1988
CMO_Effective_Date
5/9/1988
Signer
Brian B. Obie
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~1} Direct or circumstantial evidence of the ratio of sales <br />of the object ar objects to the total sales of the business enter- <br />prise; <br />gym} The existence and scope of legitimate uses for the object <br />in the community; and <br />fin} Expert testimony concerning its use. <br />3.302 Dru Para hernalia - License Re uired. <br />. ~1} No person shall sell drug paraphernalia within the corporate <br />l~m~ts of the city without first obtaining a drug paraphernalia sales license. <br />The license required by this section shall be in addition to any other license <br />required by law. <br />~2} No person under eighteen X18} years of age may obtain a drug <br />paraphernalia sales license, nor shall any such person be employed by a <br />licensee to sell drug paraphernalia. <br />3.304 Dru Para hernalia - A lication. <br />~1} An application for a drug paraphernalia sales license shall <br />contain the applicant's name, business name and address, and the name of each <br />and every employee, and be accompanied by affidavits by the applicant and <br />each and every employee of the applicant who would be authorized to sell any <br />stern of drug paraphernalia that the person has never been convicted of a <br />drug- or controlled substance-related offense. This requirement shall not <br />apply to persons convicted only of unlawful possession of less than one ounce <br />of mar~~uana. <br />~2} Except as specifically provided herein, the farm of the appli- <br />cat~on and the procedure for issuance, denial and revocation of a drug para- <br />phernalia sales license shall be governed by sections 3.011 to 3.075 of this <br />code. <br />~3} The licensee shall insure that all information required in <br />the application remains current, and shall within five days of employment <br />submit the aff~dav~ts required by section ~1} above for any person employed <br />by the licensee to sell drug paraphernalia, after issuance of the license. <br />3.306 Dru Para hernalia - Records. Each licensee under section 3.302 of <br />this code shall keep a written record in type or ink of all drug <br />paraphernalia that is sold by the licensee or held in inventory. The licen- <br />see shall hold these records open to the inspection of any city police <br />officer during the hours that the licensee is conducting business. With <br />respect to each sale of drug paraphernalia, the record shall contain the true <br />name and current address of the purchaser, an accurate description and quan- <br />tity of the product sold, the date of the sale, and the signature of the <br />licensee or the 1~censee's agent. The licensee shall maintain these records <br />in an orderly manner at the licensee's place of business for not less than <br />two years. <br />3.308 Dru, Paraphernalia - Prohibitions. <br />1 } No person sha~~lw mai nta~~~n~~ ~or operate any pi ace of business i n <br />which drug paraphernalia is kept, displayed, offered in any manner, sold, <br />ordinance - 4 <br />
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