[HISTORY: Adopted by the Village Board of the Village of
Sullivan as indicated in article histories. Amendments noted where
applicable.]
[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:
(1)
Nausea;
(2)
Vomiting;
(3)
Hallucinations;
(4)
Blurred vision;
(5)
Delusions;
(6)
Headaches;
(7)
Agitation;
(8)
Anxiety;
(9)
Insomnia;
(10)
Convulsions;
(11)
Addiction;
(12)
Psychosis;
(13)
Elevated blood pressure;
(14)
Loss of consciousness;
(15)
Tremors;
(16)
Suicidal thoughts;
(17)
Seizures;
(18)
Paranoid behavior;
(19)
Elevated or irregular heart rates; and
(20)
Death.
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:
One or more of the following:
A substance that a reasonable person would believe is a synthetic
drug;
A substance that a reasonable person would believe is being
purchased, sold or given away as a synthetic drug;
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
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.
"Synthetic drug" does not mean legal food or drug ingredients,
prescription drugs, alcohol, tobacco or dietary supplements.
Any business establishment where a person engages in the
sale or giving away of synthetic drugs.
A.
License required. No person shall engage in the business of owning
and/or operating a synthetic drug establishment, either exclusively
or in connection with any other business enterprise, in the Village
of Sullivan without first obtaining a license for each synthetic drug
establishment. Each licensee shall be 18 years of age or older.
B.
License applications.
(1)
An application for a synthetic drug establishment license shall be
made to the Village Clerk-Treasurer in letter format or on forms supplied
by the Village, containing the following information:
(a)
A description of the business, including a general description
of the types of merchandise sold;
(b)
A description of the location of the premises to be licensed;
(c)
The full names and addresses of the property owner, business
owner, business manager or agent, lessee, and business operator, and
the date of birth and contact information (email address, cellphone,
landline and fax numbers) of each;
(d)
If the applicant is a partnership, limited-liability corporation
or corporation, the full names and residence addresses of each of
the partners including limited partners and the address of the business
entity if different from the address of the synthetic drug establishment;
and
(e)
A statement from each of the above individuals as to whether
any of the aforementioned individuals have ever been convicted of
any crime or offense other than a traffic offense, and if so, a description
of the offense, including date, time, place and disposition.
(2)
An annual license in the amount prescribed in the current Village
Fee Schedule[1] shall be paid at the time the application is filed with
the Village Clerk-Treasurer. The fee will not be prorated and is nonrefundable.
A separate license shall be obtained for each place of business. Unless
suspended or revoked, a license shall be effective from January 1
through December 31 annually.
C.
Investigation; report; delinquent taxes.
(1)
The Village Clerk-Treasurer shall notify, as appropriate, other pertinent
law enforcement agencies, fire inspection and health inspection officials
of each new and renewal application. Such authorities shall investigate
whether the applicant and/or premises subject to licensing will be
able to comply with all regulations, ordinances and laws applicable
thereto, including, but not limited to, requesting information from
the State of Wisconsin, other states, municipalities and/or any community
where the applicant has previously resided or operated a business
concerning the applicant's arrest and conviction record.
(2)
Based upon such investigations, the pertinent law enforcement agencies,
fire inspection and health inspection officials shall recommend, in
writing, to the Village Board approval, conditional approval or denial,
with the reasons provided for such recommendation.
(3)
No license shall be renewed without an investigative report as originally
required.
(4)
No license shall be issued for operations on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Village of Sullivan are delinquent and unpaid.
D.
License determination.
(1)
Opportunity shall be given by the Village Board to any person to
be heard for or against the granting of a license.
(2)
If the Village Board, pertinent law enforcement agency, or other
Village official finds that they have insufficient information to
evaluate the license application, they may request that the applicant
or his/her agent file an amended application or appear at a reasonable
time and place to give under oath information concerning the application.
No license shall be granted to any applicant who refuses to cooperate
with the investigation process or who fails to appear, personally
or by his/her agent, before the Village Board when the license application
is under consideration.
(3)
No license under this article shall be issued unless it is approved
by the Village Board, upon the recommendation of law enforcement authorities
and other investigating/inspecting authorities, and unless the establishment
has passed fire and health inspections. The Village Board shall not
approve any new or renewal license application if there are reasonable
grounds to believe that:
(4)
An application may be denied based upon the applicant's or his/her
manager's arrest and conviction record if the applicant or his/her
manager has been convicted of a felony (unless duly pardoned) or if
the applicant or manager has habitually been a law offender. For purposes
of this licensing procedure, "habitually been a law offender" is generally
considered to be an arrest or conviction of at least two offenses
which are substantially related to the licensed activity within the
five years immediately preceding the license application. Because
a license is a privilege, the issuance of which is a right granted
solely to the Village Board, the Village Board reserves the right
to consider the severity and the facts and circumstances of the offense
when making its determination to grant, deny or not renew a license.
In addition, the Village Board, at its discretion, may, based upon
an arrest or conviction of two or more offenses which are substantially
related to the licensed activity within five years immediately preceding,
act to suspend such license for a period of up to one year or revoke
the license.
(5)
If the Village Board denies the license, the applicant shall be notified,
in writing, by personal service or certified mail, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Village Board and to provide evidence
as to why the denial should be reversed. Written notice of any reconsideration
shall be mailed to the applicant a minimum of seven days prior to
the Board meeting at which the application is to be reconsidered.
E.
Posting of license. Every person licensed in accordance with the
provisions of this article shall post such license and keep the same
posted in a conspicuous place on the premises.
F.
Suspension or revocation of licenses. The Village Board may suspend
or revoke any license issued under this article, if, after giving
the licensee the opportunity to be heard on the matter, the Village
Board finds:
(1)
The licensee has violated a provision of this article or any other
law relating to the conduct of its operation, including, but not limited
to, federal, state or local laws;
(2)
The licensee secured the license through misrepresentation or fraud
regarding any material fact in the license application;
(3)
The failure of the licensee to cooperate with law enforcement, fire
or health authorities in any investigation relating to their operations
or failure to admit law enforcement officers into the establishment
at any time when people are present in the establishment;
(4)
The establishment is operated in such a way as to endanger public
health or safety; or
(5)
The establishment is operated in such a way as to constitute a public
nuisance under § 823.07, Wis. Stats., or Village ordinances.
G.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of law enforcement authorities or duly authorized representatives
of the Village of Sullivan at all reasonable hours for the purpose
of inspection and search, and consents to the removal from said premises
of all things and articles that are in violation of Village ordinances
or state laws, and consents to the introduction of such things and
articles in evidence in any prosecution that may be brought for such
offenses.
H.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
under this article shall constitute a violation by the licensee.
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.
