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HomeMy WebLinkAboutAdmin Order 53-88-02 CITY fULE NO. 5 ~ - ~ -(:) 1- A FINDINGS PROPOSED DRUG PARAPHERNALIA SALES RULES The City of Eugene has set forth to adopt Administrative Rules for Drug Paraphernalia Sales pursuant to authority granted in section 3.012 of the Eugene code. These Rules are intended to provide detail for the establish- ment of license fees, the form of various applications, records and affida- vits and the establishment of procedures to implement the Drug Paraphernalia Ordinance. Opportunity to comment on these rules was given by publication in the Regis- ter Guard, a newspaper published in and of general circulation within the City from September 8, 1988 to September 12, 1988, with the deadline for submission of comments being September 26, 1988. The only written comment or objection to the proposed rules was submitted on behalf of the Independent Business Council, in which it was maintained that: (1) The rules are deficient because they do not include a definition of drug paraphernalia that "cures the vagueness of the definition of drug para- phernalia in Eugene Ordinance No. 19552", and therefore "fail to make the ordinance an ordinance that is constitutional and, hence, enforceable", and (2) The rules impose a greater sanction than state law imposes for criminal conduct by barring people who have been convicted of drug-or controlled substance-related offenses from selling drug paraphernalia. '. I have reviewed these comments and objections, and find they do not consti- tute sufficient grounds for withholding approval of the foregoing rules. In making these findings, consideration was given to comments concerning the definition of drug paraphernalia in Section 3.005 of the Eugene code, 1971. Those comments did not serve to alter the proposed rules because the analysis behind the cited authority was found to be erroneous by the U.S. Supreme Court in later decisions. Consideration was also given to the suggestion that the prohibition against selling drug paraphernalia by persons with certain drug convictions on their criminal record imposed a greater sanction than state criminal law. The applicable sections of the Eugene Code, 1971 are 3.302 and 3.304. The penal- ty if a violation occurs is not a criminal penalty, carries no jail sentence, and thus does not fall within the purview of the cited authority. In the areas of civil or administrative ordinances regulating local conditions state law does not displace local ordinances. The decision cited limited only a city's use of criminal laws. The ordinances and rules relating to the sale of drug paraphernalia are not criminal sanctions. ADMINISTRATIVE RULES FOR DRUG PARAPHERNALIA SALES A. Application Information An applicant shall complete a business license application form provided by the City. 1. If the applicant is a firm, i.e. business, company, corporation, partnership or association, each individual officer, partner, or owner of the firm shall complete a business license application. 2. The business license form shall generally require information relat- ing to the name, address, business type and business agent. Additional- ly, each owner, partner, or officer of the applicant firm as well as each and every employee of the applicant who would be authorized to sell any item of drug paraphernalia must sign an affidavit stating that the person has never been convicted of a drug-or controlled substance-relat- ed offense. Drug-or controlled substance-related offenses shall not include unlawful possession of less than one ounce of marijuana. The affidavits must be made on forms provided by the City. 3. If the applicant is a firm of foreign origin, additional information with regard to the place and date of incorporation, home office, right to do business within the state, and information about firm officers and/or its duly authorized local agent may be required. B. Application Fees 1. An application fee for a new license or renewal of a drug parapher- nalia sales license required under Chapter 3 of the Eugene Code shall be accompanied by a $250.00 fee. The application fee is not refundable. C. Records Maintained 1. The licensee will keep records pertaining to each drug paraphernalia sale as required by Eugene Code, section 3.306 on forms provided by the City. 2. Persons who sell drug paraphernalia shall require proof of age from purchasers and document that information on sales record forms provided by the City. The foregoing Drug Paraphernalia Sales Rules adopted this 20th day of October, 1988. ~~ ~p~ Drug Paraphernalia Sales Findings Page 2 Therefore, having fully considered all written comments and objections there- to, adoption of the Drug Paraphernalia Rules is now authorized, to be effec- tive as of the date hereof. Adopted and effective this 20th day of October, 1 88. I / ~