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Home My WebLink About01/17/2006 Blue Sheet Meth Ordinance TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 17,2006 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2006.01: Relating to Business Regulations; regulat- ing the manner of sale of products containing pseudoephedrine; amending Title 9 of the Marana Town Code by adding Chap- ter 9-11; providing penalties for the violation of Chapter 9-11; and designating an effective date. DISCUSSION The attached ordinance is based on a draft Arizona League of Cities and Towns pseudoephedrine ordinance. It requires: 1. All pseudoephedrine products to be kept in a manner that is inaccessible to customers without the assistance of store employees. 2. The recording of the purchaser's name and date of birth, the quantity of product, and the purchase date. 3. Law enforcement access to the collected information. The ordinance establishes a Class 1 misdemeanor penalty for violation. RECOMMENDATION Staff recommends adoption of Ordinance No. 2006.01, approving the addition of Chapter 9-11 to the Marana Town Code. SUGGESTED MOTION I move to adopt Ordinance No. 2006.01. {00001659.DOC / 2,1 FJOcds 1/10/06 MARANA ORDINANCE NO. 2006.01 RELATING TO BUSINESS REGULATIONS; REGULATING THE MANNER OF SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE; AMENDING TITLE 9 OF THE MARANA TOWN CODE BY ADDING CHAPTER 9-11; PROVIDING PENALTIES FOR THE VIOLATION OF CHAPTER 9-11; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS, the illicit manufacture of methamphetamine (meth labs) is a serious and continuing problem in the Town of Marana and the surrounding areas; and WHEREAS, due to the flammable and toxic nature of the chemicals used in metham- phetamine production, fires, explosions and hazardous materials contamination are common oc- currences associated with meth labs; and WHEREAS, meth labs are found in houses, apartments, hotel and motel rooms, trailers, in both residential and commercial areas, exposing law enforcement personnel, other first re- sponders, the children of the persons operating the meth labs and any other persons in physical proximity to extremely dangerous conditions; and WHEREAS, pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine are key ingredients in methamphetamine production, and are found in many over-the-counter cold and allergy medications, these over-the-counter medications, by purchase or theft, being the prime source of pseudoephedrine in methamphetamine production, and WHEREAS, recently enacted state legislation only restricts access to products containing pseudoephedrine as the only active ingredient; and WHEREAS, the extraction of pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine from these over-the-counter products is not materially different or more difficult in products containing pseudoephedrine, ephedrine, norpseudoephedrine and phenylpro- panolamine with other active ingredients as from products containing pseudoephedrine, ephed- rine, norpseudoephedrine and phenylpropanolamine as the only active ingredients; and WHEREAS, other jurisdictions have found that the restriction of open access to these products and requiring identification of buyers has substantially reduced the number of meth labs discovered in those jurisdictions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 9 of the Marana Town Code is hereby revised by adding Chap- ter 9-11, as follows: {00001658.DOC I} - 1 - 1/5120062:09 PM FJC Chapter 9-11 SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE Section 9-11-1 Definitions A. In this chapter: 1. "Pseudoephedrine product" means any product containing ephedrine or pseudoephedrine and includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseu- doephedrine, or phenylpropanolamine or their salts, optical isomers or salts of optical isomers. Product packaging that lists ephedrine, pseu- doephedrine, norpseudoephedrine, or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that the product is a pseu- doephedrine product. 2. "Retail establishment" means any place of business that offers any pseu- doephedrine product for sale at retail. Section 9-11-2 Restrictions A. The operator of a retail establishment shall keep all products containing pseudoephedrine behind a store counter or otherwise in a manner that is in- accessible to customers without the assistance of the operator or an em- ployee of the establishment. B. The retail establishment employee making a retail sale of a product containing pseudoephedrine shall require a government-issued photo identification from the purchaser and shall record the purchaser's name and date of birth, the quantity of pseudoephedrine product purchased, the transaction date and the initials of the retail establishment employee making the sale. C. The information required to be obtained by paragraph B of this section shall be retained by the retail establishment for a period of 90 days, and will be considered a confidential document that will only be available to the operator of the retail establishment and to law enforcement agency officers and offi- cials. Section 9-11-3 Penalty A violation of this chapter is a class 1 misdemeanor. SECTION 2. This Ordinance shall become effective on the 1 ih day of February, 2006. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 ih day of January, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00001658.DOC I} - 2 - 1/5/20062:09 PM FJC January 23, 2006 SUBJECT: MARANA ORDINANCE NO. 2006.01- Effective February 17, 2006 Restrictions on the sale of over-the-counter medications Dear Corporate Manager: The attached materials, which include Marana Ordinance No. 2006.01, a letter to businesses in Marana, and a sample reporting form, were sent to the local store manager(s) of retail businesses in Marana, Arizona today. Weare advising the corporate headquarters of these companies for information only. Ordinance No. 2006.01 pertains to restrictions on the sale of products containing pseudoephedrine. This ordinance, commonly referred to as the "meth ordinance," was unanimously adopted by the Town Council on January 17, 2006. If you have any questions about this ordinance or the reporting requirements, please feel free to contact me or a member of my staff at (520) 382-1999. Sincerely, Jocelyn C. Bronson, CMC Marana Town Clerk Attachments This letter was sent with a copy of the individual area businesses letter along with copies of the ordinance & transaction log January 23, 2006 SUBJECT: MARANA ORDINANCE NO. 2006.01 - Effective February 17, 2006 Restrictions on the sale of over-the-counter medications The significant increase in serious crime, health issues and death related to methamphetamine manufacture, sale and use have prompted municipalities around the state to respond to urgent requests by law enforcement agencies to help curb the availability of commonly used products containing pseudoephedrine. Please review the enclosed Ordinance No. 2006.01 pertaining to restrictions on the sale of products containing pseudoephedrine. This ordinance, commonly referred to as the "meth ordinance," was unanimously adopted by the Town Council on January 17, 2006. On February 17, 2006, all retail establishments in Marana which furnish products containing pseudoephedrine will be required to maintain records documenting the sale of those products. Title 9, Chapter 9-11-1 of the Marana Town Code identifies pseudoephedrine products and Chapters 9-11-2 and 9-11-3 address the restrictions, specifics of documentation and penalties. Please be aware that law enforcement personnel may request this information from you at any time. Attached is a sample form you may use to keep track of this information. If you have your own method for tracking this information, please feel free to use that. Take particular care to keep this information private. Due to confidentiality laws and to prevent identity theft, after 90 days your records must be destroyed in an appropriate manner. Please feel free to contact me or a member of my staff at (520) 382-1999 if you have any questions regarding this ordinance. Sincerely, Jocelyn C. Bronson, CMC Marana Town Clerk Attachments This letter was addressed to individual area businesses and each letter was signed by Jocelyn C. Bronson MARANA ORDINANCE NO. 2006.01 RELATING TO BUSINESS REGULATIONS; REGULATING THE MANNER OF SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE; AMENDING TITLE 9 OF THE MARANA TOWN CODE BY ADDING CHAPTER 9-11; PROVIDING PENALTIES FOR THE VIOLATION OF CHAPTER 9-11; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS, the illicit manufacture of methamphetamine (meth labs) is a serious and con- tinuing problem in the Town of Maran a and the surrounding areas; and WHEREAS, due to the flammable and toxic nature of the chemicals used in metham- phetamine production, fires, explosions and hazardous materials contamination are common oc- currences associated with meth labs; and WHEREAS, meth labs are found in houses, apartments, hotel and motel rooms, trailers, in both residential and commercial areas, exposing law enforcement personnel, other first respond- ers, the children of the persons operating the meth labs and any other persons in physical prox- imity to extremely dangerous conditions; and WHEREAS, pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine are key ingredients in methamphetamine production, and are found in many over-the-counter cold and allergy medications, these over-the-counter medications, by purchase or theft, being the prime source of pseudoephedrine in methamphetamine production, and WHEREAS, recently enacted state legislation only restricts access to products containing pseudoephedrine as the only active ingredient; and WHEREAS, the extraction of pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine from these over-the-counter products is not materially different or more dif- ficult in products containing pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropa- nolamine with other active ingredients as from products containing pseudoephedrine, ephedrine, norpseudoephedrine and phenylpropanolamine as the only active ingredients; and WHEREAS, other jurisdictions have found that the restriction of open access to these products and requiring identification of buyers has substantially reduced the number of meth labs discovered in those jurisdictions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 9 ofthe Marana Town Code is hereby revised by adding Chapter 9-11, as follows: {OOOO1658.DOC I} - 1 - 1/5/20062:09 PM FJC Chapter 9-11 SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE Section 9-11-1 Definitions A. In this chapter: 1. "Pseudoephedrine product" means any product containing ephedrine or pseudoephedrine and includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine or their salts, optical iso- mers or salts of optical isomers. Product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that the product is a pseudoephedrine product. 2. "Retail establishment" means any place of business that offers any pseu- doephedrine product for sale at retail. Section 9-11-2 Restrictions A. The operator of a retail establishment shall keep all products containing pseudoephedrine behind a store counter or otherwise in a manner that is in- accessible to customers without the assistance of the operator or an em- ployee of the establishment. B. The retail establishment employee making a retail sale of a product contain- ing pseudoephedrine shall require a government-issued photo identification from the purchaser and shall record the purchaser's name and date of birth, the quantity of pseudoephedrine product purchased, the transaction date and the initials of the retail establishment employee making the sale. C. The information required to be obtained by paragraph B of this section shall be retained by the retail establishment for a period of 90 days, and will be considered a confidential document that will only be available to the operator of the retail establishment and to law enforcement agency officers and offi- cials. Section 9-11-3 Penalty A violation of this chapter is a class 1 misdemeanor. SECTION 2. This Ordinance shall become effective on the 17th day of February, 2006. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of January, 2006. ~\,\IlII,'" ~ ~ ~'OF "J;t~ ~~~..",,"M;:~ ~ ~t~o~r~~'1;/fayo Ed Honea .. - .- :: i SEAL i :: .... ~ ;:: :!'npR ~ ~Jl ~ ~ .A 1fIIIJlm\\\'" "\ ~ ~;'71l'IZ "\91 ~ 111.uiH\\\~ Fanke ---- ATTEST: {00001658.1X)C I} -2- 11512006 2:09 PM FJC ~ o cOOl o 0 0....J C\l5 . :P o 0 Z m c: Q) ro o l- eI- m ~ e .;:: .- '0 "0 Q) L..c 00. Q) m 0 e'O m :J L. Q) m t/) ~a.. '€ ... :E if ~ d :E if :E fa :E i .... "9 C!l C!l ~ C!l ~ C!l eo-. i l.t-c 0 eo-. g <g 0 eo-. 0 l.t-c j 0 0 .0 0 Ii ~ 0 Ii 0 t> t> Ij ~ ~ B ~ d ~ I] t3 0 0 0 1-= ~ ~ ] l .. l ~ >-- - t> I i ~ ~ ~ ~ .~ ~ ti .~ t> .J I .J <<> .1 I .... CI.l CI.l CI.l ~ CI.l CI.l S CI.l U) j U) U) U) j .~ Z z I z ~~ ~~ Z j l g I j j I ~ ~ ~ ~ ~ u u .t u ] Ij i I] i I] ~~ g i i B i~ U) ~ ! 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