Chapter 9.14
REGULATIONS GOVERNING THE IDENTIFICATION OF PURCHASERS AND STORAGE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE
Sections:
9.14.010 Purpose and findings.
9.14.030 Identification and logging required.
9.14.010 Purpose and findings.
A. Methamphetamine has become the predominant illegal drug in the city of Lakeport. Methamphetamine addiction has devastating consequences for the families and children of those addicted as well as the addicts themselves. Methamphetamine addiction is directly tied to increases in criminal activity and violence in the city of Lakeport. The city of Lakeport continues to see an increase in the production and use of methamphetamine by residents and by others who have chosen to prey on availability of space and limited law enforcement resources. The city of Lakeport has incurred significant costs associated with drug arrests, health costs related to intravenous drug use, treatment admissions and environmental cleanups related to methamphetamine use.
B. Methamphetamine production is dependent on pseudoephedrine which is commonly purchased as cold and allergy medications and readily available at many retail outlets in the city of Lakeport. Current statutory provisions found at Health and Safety Code Section 111000 et seq., regulating the sale of over-the-counter products containing pseudoephedrine do not address the storage of the products or the identification of buyers of such products. The city council of the city of Lakeport finds that there are compelling reasons to exercise its police powers to address the storage of over-the-counter products containing pseudoephedrine and the identification of the buyers of such products and that the measures in this chapter are not preempted by state law. The city council of the city of Lakeport further finds that measures contained in this chapter are necessary to reduce the theft and availability of products containing pseudoephedrine and thereby reducing methamphetamine production and sales in the city of Lakeport. (Ord. 847 §1(part), 2005)
9.14.020 Display and storage.
No owner, manager or proprietor in charge of any business selling over-the-counter products which lists pseudoephedrine as an ingredient shall display such product where it is accessible by customers of the business. All products which list pseudoephedrine as an ingredient shall be kept behind the counter in a place that is not accessible to retail customers. (Ord. 847 §1(part), 2005)
9.14.030 Identification and logging required.
No owner, manager, proprietor or employee in charge of any business selling any over-the-counter products which lists pseudoephedrine as an ingredient shall sell such product unless the buyer of the product first produces a photo identification and provides the seller with a current address and telephone number. The seller shall enter into a written log the buyer’s name, address and telephone number, date and quantity purchased. (Ord. 847 §1(part), 2005)
9.14.040 Inspection of log.
The written log of buyers, maintained pursuant to Section 9.14.030 of this chapter, shall be provided to the Lake County drug task force or other local law enforcement authorities pursuant to a lawful search warrant or subpoena issued by judicial process. (Ord. 847 §1(part), 2005)
9.14.050 Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred dollars for each offense or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 847 §1(part), 2005)
9.14.060 Exceptions.
No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any use, possession or other act which is otherwise prohibited by any law of the state of California, or require any act which is prohibited by any law of the state of California. Nor shall any provision of this chapter be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the state of California. (Ord. 847 §1(part), 2005)
9.14.070 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (Ord. 847 §1(part), 2005)