HomeMy WebLinkAbout32736 / 84-04February 2, 19$4
SECOND READING
(CARRIED
PURPOSE:
INITIATED BY:
LOST
R�E V I S E D-(�I2)
LAID OVER
DRUG PARAPHERNALIA ORDINANCE
COUNCILMEMBER KATHLEEN PROPP
�I 2 ORDINANCE
WITHDRAWN )
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 18-16.2 OF THE
OSHKOSH MUNICIPAL CODE PERTAINING TO ITEMS DESIGNED OR MARKETED FOR USE WITH
ILLEGAL CANNABIS OR DRUGS AND ANIENDING SECTION 1-5.1(a) PERTAINING TO STIP-
ULATION SCHEDULE FOR ORDINANCE VIOLATION.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 18-16.2 of the Oshkosh Municipal Code pertaining
to items designed or roarketed for use with illegal cannabis or drugs is hereby
created to read as follows:
SECTION 18-16.2 ITEILS DESIGNED OR MARKETED FOR USE WITH ILLEGAL
CANNABIS OR DRUGS
(A) LICENSE REQUIRED. It shall be unlawful for any person or persons
as principal, clerk, agent or servant to sell any items, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal cannabis
or drugs, as defined by Wisconsin Statutes, Chapter 161, without obtaining a
license therefor. The license shall be obtained from the City Clerk. Such
licenses shall be in addition to any or all other licenses held by the applicant.
(B) APPLICATION. Application to sell any item, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal cannabis
or drugs shall, in addition to requirements of Section (A), be accompanied by an
affidavit signed by applicant (application form and affidavit form furnished by
City Clerk) that the applicant has never been convicted of a drug related offense.
(C) MIIVORS. It shall be unlawful to sell or give items as described in
Section (A) in any form to any male or female child under 18 years of age.
(D) RECORDS. Every licensee must keep a record of every item, effect,
paraphernalia, accessory or thing which is designed or marketed for use with
illegal cannabis or drugs which is sold and this record shall be open to the
inspection of the Chief of Police and/or his representative at any time during
the hours of business. Such record shall contain the name and address of the
store, the name and address of the purchaser, the date and time of the sale, the
name of the product and the quantity purchased, the licensee's signature, and
indication of the licensee's verification of identification of the purchaser by
such as driver's license, photoidentification or social security card. Such records
shall be retained for not less than two (2) years.
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,�
January 19, 1484
/�4 Cont'd.
(E) REGULATIONS. The licensee shall comply with all applicable regu-
lations of the City of Oshkosh and State of Wisconsin.
(F) FEE. The fee for such license shall be $150.00 and shall be paid
upon filing the application.
(G) PENALTY. Any person violating any provision of this ordinance shall
be fined not less than $100.00 nor more than $500.00 for the first offense and not
less than $300.00 nor more than $500.00 for any succeeding offense or offense
during the same calendar year.
SECTION 2. That Section 1-5.1(a) of the Oshkosh Municipal Code pertaining
to stipulation of guilt for ordinance violations is hereby amended as follows:
Add Thereto
SALE OF DRUG PARAPHERNALIA
$1QQ.00
SECTION 3. This ordinance shall be in full force and effect from and
after its passage and publication.
SUBMITTED BY
APPROVED
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