[Adopted 8-22-2006 (Title
7, Ch. 15, of the 2006 Code of Ordinances)]
The Village Board of the Village of Sullivan finds the following
facts to exist:
A. Law enforcement authorities have advised Village officials that the
increased use of synthetic drugs is negatively affecting the health,
safety and welfare of the public.
B. Synthetic drugs are commonly marketed as a safe and legal alternative
to marijuana or other controlled substances regulated by Ch. 961,
Wis. Stats.
C. Ingestion of synthetic drugs has been shown to produce dangerous
side effects, such as, but not limited to:
(19)
Elevated or irregular heart rates; and
D. Due to the manner in which such synthetic substances are marketed,
the manufacture and sale of synthetic drugs is purportedly not fully
regulated by the federal Food and Drug Administration (FDA) and/or
federal drug enforcement authorities.
E. Because slight molecular alterations can be made to chemical compounds,
law enforcement authorities have often found it difficult to take
enforcement actions against manufacturers and sellers of synthetic
drug products. Synthetic drugs are currently being sold without even
basic regulation and licensing requirements of the type other businesses
in the Village of Sullivan must comply with.
F. Like the marketing of synthetic cannabinoids (such as, but not limited
to, spice/K2) as incense, these substances are commercially available
and in some instances are marketed as "bath salts" under such names
as "Bliss," "Vanilla Sky," "White Lightning," "Ivory Snow," "Red Dove"
and "Hurricane Charlie," or are packaged or marketed as potpourri,
incense, plant food, spice, tobacco, or dietary supplements.
G. The establishment of retail points of sale for synthetic drug products
in the Village of Sullivan would increase the use of synthetic drugs
and would likely have negative secondary effects on nearby businesses
and residences.
This article provides certain minimum licensing standards for
establishments making available to the public synthetic drugs. The
purpose of this article is not to condone illegal activity nor is
it to legitimize activity that may now, or in the future, be considered
illegal activity under state or federal laws or local ordinances.
For purposes of this article, the following words and phrases
shall have the following meanings:
SYNTHETIC DRUG
A.
One or more of the following:
(1)
A substance that a reasonable person would believe is a synthetic
drug;
(2)
A substance that a reasonable person would believe is being
purchased, sold or given away as a synthetic drug;
(3)
A substance which has been listed as a regular synthetic drug
in the Wisconsin Statutes or Village ordinances, and their derivatives,
analogues, homologues, salts, optical isomers and salts of optical
isomers with substantially similar chemical structure and pharmacological
activity as a synthetic drug or other controlled substance; or
(4)
A substance that a person knows or should have known was intended
to be consumed by ingestion, inhalation, injection or any other immediate
means, and consumption was intended to cause or simulate a depressant,
stimulant or hallucinogenic effect on the central nervous system that
is substantially similar to or greater than the depressant, stimulant
or hallucinogenic effect on the central nervous system of a controlled
substance on Schedule I through V as defined in Ch. 961, Wis. Stats.
B.
"Synthetic drug" does not mean legal food or drug ingredients,
prescription drugs, alcohol, tobacco or dietary supplements.
No synthetic drug establishment shall:
A. Remain open for business between the hours of 9:00 p.m. and 8:00
a.m.
B. Sell synthetic drug products that do not include the name, address
and telephone number of the manufacturer, packer and distributor of
the product.
C. Sell synthetic drug products that do not identify all commodities
within the package, including organic and nonorganic, chemically synthesized
substances and compounds.
D. Sell synthetic products to any individual under the age of 18.
E. Sell synthetic drug products that do not comply with all state and
federal laws and regulations, including those related to packaging,
labeling and weights and measures.
F. Be located within 300 feet of any park, school, day care facility
or area zoned residential or mixed-use.