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19821214 r-82-37RESOLUTION NO. R-82-37 A Resolution of the City Council of the City of Fairfax, Virginia, Requesting State Legislation to Control the Sales of Drug Paraphernalia WHEREAS, the rise of illegal drugs and other controlled substances poses a serious problem to our community and the nation; and WHEREAS, the sale of paraphernalia designed for use with illegal marijuana or controlled substances has in the past proven difficult to control; and WHEREAS, these items only encourage persons to use such illegal drugs and other controlled substances. NOW BE IT THEREFORE RESOLVED, that the Council of the City of Fairfax strongly encourages the Virginia General Assembly to adopt state legislation designed to enhance the local governments ability to control and monitor the activities of individuals selling such items by providing that they be licensed in an appropriate manner; BE IT FURTHER RESOLVED, that the legislation be similar to the intent of the attached proposal. Adopted this 14th day of December, 1982. MA¥OR~ ~- ATTEST: ~/- - ~ity Clerk Sec. : License required for sale of items designed for use with illegal marijuana or controlled substances and for sale of items which appeal to or encourage, or are displayed in a manner that appeals to or encourages, use of illegal marijuana or controlled substances; records of sales to be maintained. A. License Required: It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell any item, effect, paraphernalia, accessory or.thing which is de- signed for use with illegal marijuana or controlled substances, as defined by the Code of Virginia, or which appeals to or encourages, use of illegal marijuana or controlled substances, unless a license has been obtained therefor from the Chief Administrator of the local government in which sales are to be made or his authorized agent. Such licenses shall be in addition to any a~d all other licenses required by law. Such licenses, once obtained, shall remain in force for a period of one year, unless and until revoked. The annual license fee shall be $200.00. B. Application: Application to sell any item, effect, paraphernalia, accessory or thing which is designed for use with illegal marijuana or controlled substances, or which 'appeals to or encourages, or which is displayed in a manner that appeals to or encourages, use of illegal marijuana or controlled substances, shall be made ~upon a form approved by the Chief Administrator-and ~ shall contain such information as is deemed necessary by the Town Council to assure compliance with all of the requirements of this Act. Ail such applications shall be accompanied by affidavits by the applicant and by each and every employee authorized to sell such items that such person has never been convicted of a drug- related offense. Additional affidavits must be filed throughout the license year prior to the time that individuals are authorized to and begin to sell such items, as necessary to'keep the licensee information available to the Chief Administrator in his office and up-to-date at all times. C. Records: Every licensee must keep a record of every item, effect, paraphernalia, accessory or thing sold which is designed for use with, or which appeals to or encourages, or which 1982-37 is displayed for sale in a manner that appeals to or encourages, use of illegal marijuana or controlled substances. All such records shall be open to the inspection of any police officer having jurisdiction therein at any time during the hours of business. Such records shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the licensee's or agent of the licensee's signature. Such records must be retained for not less than two (2) years upon the premises of the licensee's place(s) of business where the respective sales occur and where such items are stored. Sec. : Item, effect, paraphernalia, accessory or thing which is designed for use with illegal marijuana or controlled substances or which appeals to or encourages, or which is displayed in a manner that appeals to or encourages, use of illegal marijuana or controlled substances. An item, effect, paraphernalia, accessory or thing which is designed for use with illegal marijuana or controlled substances or which appeals to or encourages, or which is displayed in a manner that appeals to or encourages, use of illegal marijuana or controlled substances within the meaning of this Chapter includes the following items, unless otherwise stated: A. Paper - White rolling paper and tobacco oriented rolling paper not necessarily designed for use with illegal mari- juana or controlled substances are not covered by this Act, unless displayed within proximity of colorful rolling paper, roach clips, or other item, effect, paraphernalia, accessory, or thing designed for use with illegal marijuana or controlled substances, or literature encouraging illegal use of marijuana or controlled substances. Colorful rolling paper is designed for use with illegal marijuana or controlled substances and is covered by this Act. B. Roach Clips - Roach clips are designed for use with illegal marijuana or controlled substances and are therefore covered by this Act. C. Pipes - Water pipes, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, ice pipes, chillers, and pipes with screens, permanent screens, hashish heads or punctured metal bowls are designed for use with illegal marijuana or controlled substances and are cove~ed by this Act. All other types of pipes, if not displayed within proximity of colorful rolling paper, roach clips, or other item, effect, paraphernalia, accessory, or thing designed for use with illegal marijuana or con- trolled substances, or literature encouraging illegal use of marijuana or controlled substances are not covered by this Act; otherwise, they are covered. D. Any item, effect, paraphernalia, accessory or thing with marijuana or drug oriented names, logos, Writings or designs upon them and which could be utilized in the manufacturing, com- pounding, converting, producing, processing, preparing, weighing, measuring, refining, storing or concealing of illegal marijuana .or controlled substances or in ingesting, inhaling, or otherwise introducing illegal marijuana,.cocaine, hashish, hashish oil or other controlled substances into the human body are covered by'this Act. E. P~raphernalia - Paraphernalia displayed within proximity of roach clips, colorful rolling paper, water pipes, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, ice pipes, chillers, or pipes with screens, per- manent screens, hashish heads, or punctured metal bowls, or liter- ature encouraging illegal use of marijuana or controlled substances are covered by this Act. · For the purposes of this Act, literature encouraging illegal use of marijuana or controlled substances shall be deemed to include, but is not limited to, any book, pamphlet, periodical or other printed matter which advertises for sale any instrument, device, article or contrivance for advertised use in unlawfully ingesting, smoking, administering, preparing or growing marijuana or a con- trolled substance. Sec. : Paraphernalia. Paraphernalia.within the meaning of this Act shall be deemed to include, but are not limited to, the following items: 1. Kits which could be used in planting, propagating, cultivating, growing or harvesting of marijuana or any species of plant which is a controlled substance or from which a controlled substance can be derived; 2. Kits which could be used in manufacturing, compounding, converting, producing, processing, or preparing marijuana or con- trolled substances; 3. Isomerization devices which could be used in increasing the potency of marijuana or any species of plant which is a con- trolled substance; 4. Testing equipment which could be used in identifying or in analyzing the strength or effectiveness of marijuana or controlled substances; ~ 5. Scales and balances which could be used in weighing or measuring marijuana or controlled substances; 6. Diluents and adulterants, such as quinine hydrochloride, mannitol or mannite, which could be used in cutting controlled substances; .- 7. Separation gins and sifters which could be used in removing twigs and seeds from or in otherwise cleaning or refining, marijuana; 8. Blenders, bowls, containers, spoons, and mixing devices which could be used in compounding controlled substances; 9. Capsules, balloons, envelopes, and other containers which could be used in packaging small quantities of marijuana or controlled substances; 10. Containers and other objects which could be used i~ storing or concealing marijuana or controlled substances; 11. Hypodermic syringes, needles, and other objects which could be used in parenterally injecting control'led substances into the human body; 12. Objects which could be used in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: a. Carburetion tubes and devices;. b. Smoking or carburetion masks; c. Miniature cocaine spoons, and cocaine vials. Sec. : Penalty. It shall be unlawful for any person to violate any provision of this Act or to fail-to do any act required by this Act; provided, however, that no person shall be considered in violation of this Act for the first'fifteen (15) days following the enactment of this Act. Any person violating any provision of this Act shall be fined not more than one thousand dollars ($1,000.00) for each violation. 6