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Home My WebLink AboutOrdinance - 2005-O0026 - Amending Chapter 12 Sale Of Methamphetamine Precursor Drugs/Penalty - 02/24/2005Fint Reading February 24, 2005 Item 35 Second Reading March 4, 2005 Item 17 ORDINANCE NO. 2005~0026 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to regulate the sale of methamphetamine precursor drugs within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a new Article to Chapter 12, to be numbered Article XI, which said Article shall read as follows: ARTICLE XI. SALE OF METHAMPHETAMINE PRECURSOR DRUGS Sec. 12-262. Regulation of the sale of methamphetamine precursor drugs-- Definitions. The following definitions shall apply in the following section: Methamphetamine precursor drugs: (a) a drug or product containing as its sole active ingredient ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers; or (b) a combination drug or product containing as one of its active ingredients ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers. (c) this term does not include any compounds, mixtures, or preparations that are in liquid, liquid capsule, or gel capsule form and in which pseudoephedrine is not the only active ingredient. (d) "Over-the-counter sales" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription. Retailer: any person, corporation, partnership or other business entity conducting business within Lubbock who sells or furnishes any over-the-counter drug product containing methamphetamine precursor drugs to any person who is the ultimate user or consumer of the product. Sec. 12-263. Prohibited acts. (1) It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof knowingly to sell, transfer, or to otherwise furnish in single transaction: (a) More than three packages of one or more products that he or she knows to contain methamphetamine precursor drugs, or (b) A single package of any product that he or she knows to contain more than three grams of methamphetamine precursor drugs; or (c) A methamphetamine precursor drug to a person under the age of18 years. (2) It shall be unlawful within the incorporated limits of the city, for any retailer or employee thereof, knowingly to sell, transfer, or to otherwise furnish in any 30 day period more than nine grams of methamphetamine precursor drugs to a single individual. (3) The limits established in this section shall not apply to any quantity of methamphetamine precursor drugs dispensed pursuant to a valid prescription. Sec. 12-264. Accessibility of methamphetamine precursor drugs. A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only: (a) behind a checkout counter where the public is not permitted; or (b) inside a locked display case. 2 Sec. 12-265. Registration of purchases. (1) Any retail establishment that sells or delivers, or attempts to sell or deliver, to a person any product containing methamphetamine precursor drugs whether as the sole active ingredient or in combination products that have less than therapeutically significant quantities of other active ingredients, shall require such person to show proper identification and to sign a register. (2) The register described in this section shall be created by any retail establishment that sells a product or products described in this section and shall require at least the following information: (a) The name and specific quantity of methamphetamine precursor drugs purchased; (b) The signature ofthe purchaser; (c) The name and residential or mailing address of the purchaser; other than a post office box number; (d) The number of the purchaser's motor vehicle operator's license or other proper identification at the time of the purchase; (e) The date of such purchase; and (f) The signature of an employee ofthe retail establishment as witness to the purchase and identification of the purchaser. (3) The retail establishment shall retain each original register for three (3) years in a readily presentable and readable manner, and present the register upon demand by any law enforcement officer or authorized representative of the City of Lubbock Health Department. (4) As used in this section, "proper identification" means a valid motor vehicle operator's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser. Sec. 12-266. Methamphetamine watch program. { 1) The City of Lubbock Health Department shall establish a methamphetamine watch program to: (a) inform retailers of the problems associated with the illicit manufacture and use of methamphetamine in this state; 3 (b) establish procedures and develop forms for retailers and other persons to use in reporting to the department any incidents of theft, suspicious purchases, or other transactions involving products used in the illicit manufacture of methamphetamine; (c) increase community awareness of methamphetamine; (d) encourage retailers, law enforcement, state and local agencies, and other persons to cooperate in efforts to reduce the diversion oflegitimate products for use in the illicit manufacture of methamphetamine; and (e) assist local communities in addressing problems created by the illicit manufacture and use of methamphetamine. (2) Retailer participation in the methamphetamine watch program is voluntary. (a) A retailer participating in the watch program shall make reasonable efforts to deter the theft or improper sale of products used in the illicit manufacture of methamphetamine, including products containing pseudoephedrine, by: (i) implementing product management practices that deter theft or suspicious purchases of the products, including placing signs at strategic locations within the retail establishment to inform patrons of the retailer1s participation in the program; and (ii) providing annual personnel training on products used in the illicit manufacture of methamphetamine and procedures to follow on observing theft or suspicious purchases of those products. SECTION 2. THAT violation of any provision of this ordinance shall be deemed a misdemeanor punishable as provided by Sec. 1-4 of the Code of Ordinances of the City of Lubbock. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication ofthe descriptive caption of this Ordinance as an alternative method of publication as provided by law. 4 AND IT IS SO ORDERED. Passed by the City Council on first reading this24t:h day of Februarv Passed by the City Council on second reading this !tth.... day of Ma'l'ch ATTEST: Reb~cca Garza, City Secretary APPROVED AS TO CONTENT: c~ f1LJ ToillillY~, Health Director APPROVED AS TO FORM: ald G. Vandiver, Attorney ofCOimsel Dd/ord!MethPrecursorOrd February 4, 2005 5 '2005. '2005. Morris Communication Corporation Subscribed and sworn to before me this.._ __ ~--ll------'day of ~ FORM58-10 ® LYNDA WEEMS Notary Public. State of Texu My Commission &pires 02-20..2008 20 05