(a)
It
shall be unlawful for any person, knowingly, to sell publicly, display
for sale, attempt to sell, give, barter, deliver, possess, consume
or use the following substances within the city limits:
(1)
Any substance listed as a controlled substance or a controlled substance
analogue as defined in chapter 481 of the Texas Health and Safety
Code;
(2)
Salvia divinorum or Salvinorum A; all parts of the plant presently
classified botanically as Salvia divinorum, whether growing or not,
the seeds thereof, any extract from any part of such plant and every
compound, manufacture, salts, derivative, mixture, or preparation
of such plant, its seeds, or extracts;
(3)
Chemical analogues, precursors or combinations of the following:
(1R, 2R, 5R)-2-(2,6-dimethoxy-4-2-methyloctan-2-yl)phenyl-7,7-dimethyl-1-bicyclo
3.1.1 hept-3-enyl-methanol, commonly known as HU-308;
(4)
(6aR, 10aR)-3-(1,1-dimethylbutyl)-6a, 7, 10, 10a-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo (b,d) pyran, commonly known as JWH-133;
(5)
(-) 2 B carbomethoxy-3 B-(4-flourophenyl) tropane, commonly known
as B-CFT, WIN-35, 428;
(6)
(6aR, 10aR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo (c) chromene, commonly known as L-759,
633;
(7)
Any substances similar to the above-described substances which, when
inhaled, smoked, consumed or otherwise ingested, may produce intoxication,
euphoria, stupefaction, giddiness, paralysis, or irrational behavior,
or which in any manner change, distort, or disturb the auditory, visual,
or mental process of the user, when the substance has no other legitimate,
non-narcotic, purpose.
(b)
It
shall be unlawful for any person, knowingly, to breathe, inhale, smoke,
drink, consume, or otherwise ingest any compound, liquid, or chemical
listed within this section for the purpose of inducing a condition
of intoxication, euphoria, stupefaction, giddiness, paralysis, or
irrational behavior, or which in any manner changes, distorts, or
disturbs the auditory, visual, or mental process of the user.
(c)
It
is not a violation of this section if the person who commits any act
described in this section commits the act pursuant to the lawful direction
or prescription of a licensed physician or dentist licensed by the
state to direct or prescribe such act.
(Ordinance 05-2013-01 adopted 5/21/2013)
The following definitions shall apply in this division:
A drug or product containing as its sole active ingredient ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical
isomers, or salts of optical isomers; or
A combination drug or product containing as one of its active
ingredients ephedrine, pseudoephedrine, phenylpropanolamine, or any
of their salts, optical isomers, or salts of optical isomers.
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This term does not include any compounds, mixtures, or preparations
that are in liquid, liquid capsule, or gel capsule form and in which
pseudoephedrine is not the only active ingredient.
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A retail sale of a drug or product, but does not include
the sale of a drug or product pursuant to the terms of a valid prescription.
Any person, corporation, partnership or other business entity
conducting business within the city who sells or furnishes any over-the-counter
drug product containing methamphetamine precursor drugs to any person
who is the ultimate user or consumer of the product.
(Ordinance 05-05 adopted 5/17/2005)
(a)
It
shall be unlawful within the incorporated limits of the city for any
retailer or employee thereof knowingly to sell, transfer, or to otherwise
furnish in a single transaction:
(1)
More than three (3) packages of one or more products that he or she
knows to contain methamphetamine precursor drugs;
(2)
A single package of any product that he or she knows to contain more
than three (3) grams of methamphetamine precursor drugs; or
(3)
A methamphetamine precursor drug to a person under the age of eighteen
(18) years.
(b)
It
shall be unlawful, within the incorporated limits of the city, for
any retailer or employee thereof knowingly to sell, transfer, or to
otherwise furnish in any thirty-day period more than nine (9) grams
of methamphetamine precursor drugs to a single individual.
(c)
The
limits established in this section shall not apply to any quantity
of methamphetamine precursor drugs dispensed pursuant to a valid prescription.
(Ordinance 05-05 adopted 5/17/2005)
A business establishment that offers for sale methamphetamine
precursor drugs shall ensure that all packages of the drugs are displayed
and offered for sale only:
(1)
Behind
a checkout counter where the public is not permitted; or
(2)
Inside
a locked display case.
(Ordinance 05-05 adopted 5/17/2005)
(a)
Any
retail establishment that sells or delivers, or attempts to sell or
deliver, to a person any product containing methamphetamine precursor
drugs, whether as the sole active ingredient or in combination products
that have less than therapeutically significant quantities of other
active ingredients, shall require such person to show proper identification
and to sign a register.
(b)
The
register described in this section shall be created by any retail
establishment that sells a product or products described in this section
and shall require at least the following information:
(1)
The name and specific quantity of methamphetamine precursor drugs
purchased;
(2)
The signature of the purchaser;
(3)
The name and residential or mailing address of the purchaser, other
than a post office box number;
(4)
The number of the purchaser’s motor vehicle operator’s
license or other proper identification at the time of the purchase;
(5)
The date of such purchase; and
(6)
The signature of an employee of the retail establishment as witness
to the purchase and identification of the purchaser.
(c)
The
retail establishment shall retain each original register for three
(3) years in a readily presentable and readable manner, and present
the register upon demand by any law enforcement officer or authorized
representative of the city health department.
(d)
As
used in this section, “proper identification” means a
valid motor vehicle operator’s license or other official and
valid state-issued identification of the purchaser that contains a
photograph of the purchaser.
(Ordinance 05-05 adopted 5/17/2005)
(a)
The
city shall establish a methamphetamine watch program to:
(1)
Inform retailers of the problems associated with the illicit manufacture
and use of methamphetamine in this state;
(2)
Establish procedures for retailers and other persons to use in reporting
any incidents of theft, suspicious purchases, or other transactions
involving products used in the illicit manufacture of methamphetamine;
(3)
Increase community awareness of methamphetamine; and
(4)
Encourage retailers, law enforcement, state and local agencies, and
other persons to cooperate in efforts to reduce the diversion of legitimate
products for use in the illicit manufacture of methamphetamine.
(b)
Retailer
participation in the methamphetamine watch program is voluntary. A
retailer participating in the watch program shall make reasonable
efforts to deter the theft or improper sale of products used in the
illicit manufacture of methamphetamine, including products containing
pseudoephedrine, by:
(1)
Implementing product management practices that deter theft or suspicious
purchases of the products, including placing signs at strategic locations
within the retail establishment to inform patrons of the retailer’s
participation in the program; and
(2)
Providing annual personnel training on products used in the illicit
manufacture of methamphetamine and procedures to follow on observing
theft or suspicious purchases of those products.
(Ordinance 05-05 adopted 5/17/2005)
