Chapter 11.50 — REGULATION OF EPHEDRINE PURCHASES

A.

The Town Council of the Town of Apple Valley finds that there is a current and immediate threat to the public health, safety and welfare in that the manufacture, processing, transportation, possession and sale of illicit narcotics and drugs are inherently dangerous and that chemicals, compounds, substances, byproducts and wastes which are associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens of the Town of Apple Valley.

B.

The Town Council of the Town of Apple Valley finds that there has been a dramatic increase of sales, reports of sales, thefts and possession of over the counter drugs which contain substances known as ephedrine, pseudoephedrine, pseudoephedrine hydrochloride, ephedrine hydrochloride and pseudoephedrine sulfate, along with other substances and products associated with the manufacture of methamphetamine and that retailers are regularly victimized by those persons who steal those substances, drugs and products on a regular basis.

C,

The Town Council of the Town of Apple Valley finds that the general public does not normally purchase the described products in multiple quantities and it is not the Town Council's intent to restrain legitimate businesses or customers from selling or purchasing the described products.

D.

No provisions of this Chapter shall hinder or supersede any other applicable State or Federal statute.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

A.

Ephedrine means any drug, substance or compound, whether legal or illegal, that contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine hydrochloride, pseudoephedrine or ephedrine.

B.

Retailer means any single geographic location of any retail business, company, corporation, person, employee or associate who furnishes, distributes, sells or gives away products as described in this Section.

C.

Customer means any person who purchases or acquires the products described in this Section or persons who are present for the purchase or acquisition of the products described in this Section.

D.

Sell means to furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.

E.

Count means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container.

A.

No retailer shall sell to a single customer more than three packages, per transaction, of a product containing ephedrine. No retailer shall sell to a single customer, per transaction, products containing ephedrine where the total count exceeds 100.

B.

No customer shall acquire more than three packages, per day, of a product containing ephedrine. No customer shall acquire, per day, products containing ephedrine where the total count exceeds 100.

A.

Any person, customer or retailer violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six months or by both such fine and imprisonment.

(Ord. 190, 1-13-98)