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Chapter 4.39, Page 89 4.39 DRUG ESTABLISHMENTS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE The Douglas County Board of Supervisors finds the following facts to exist: drugs are commonly marketed as a safe and legal alternative to marijuana or other controlled substances. Ingestion of drugs has been shown to produce dangerous side effects such as headaches, agitation, nausea, vomiting, hallucinations, loss of consciousness, elevated blood pressure, tremors, seizures, addiction, paranoid behavior, anxiety, increased heart rate, and even death. The Douglas County Sheriff’s Office has advised the Douglas County Board of Supervisors of how the increased use of drugs is negatively affecting the health, safety, and welfare of the citizens of Douglas County. The establishment of a retail point of sale in Douglas County would increase the use of drugs in Douglas County, and would be likely to have a negative impact on the surrounding businesses and residential areas. Due to the manner in which these substances are marketed, the manufacture and sale of drugs is, purportedly, not currently regulated by the Federal Drug Administration. Due to the ease of making slight molecular alterations to chemical compounds, law enforcement agencies have found it difficult to bring criminal charges against manufacturers and sellers of drug products. The purpose of this ordinance 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. drugs are currently being sold as legal products without even the basic regulation and licensing requirements that many other businesses have within the county. SECTION II. DEFINITIONS For the purposes of this ordinance, the following words and phrases shall have the meaning hereinafter ascribed to them: A. drug. The term drug means one or more of the following: 1. A substance that a reasonable person would believe is a drug; 2. A substance that a reasonable person would believe is being purchased or sold as a drug; or 3. A substance that a person knows or should have known was intended to be consumed by injection, inhalation, ingestion, or any other immediate means, and consumption was intended to cause or simulate a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous of a controlled substance on Schedule I through V as defined by Chapter 961 in the Wisconsin Statutes. drug does not mean food and drug ingredients, alcohol, prescription drugs, tobacco, or dietary supplements; ---PAGE BREAK--- Chapter 4.39, Page 90 B. drug establishment. drug establishment means any business establishment where any person engages in the sale of drugs. SECTION III. LICENSE REQUIRED No person shall engage in the business of operating a drug establishment either exclusively or in connection with any other business enterprise without first obtaining a license for each drug establishment. SECTION IV. APPLICATION FOR LICENSE Application for a drug establishment license shall be made to the Douglas County Clerk on forms supplied by the county containing the following information: A. A description of the business; B. A description of the location of the premises to be licensed; C. The full names and addresses of the property owner, business owner, lessee and manager, operator and the date of birth of each; D. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the drug establishment; and E. 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 as to time, place, date and disposition. The annual license fee of $600 shall be paid at the time the application is filed. The fee will not be prorated and is non-refundable. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, shall be effective August 1st through July 31st annually. SECTION V. ISSUANCE OF LICENSE A. No license under this ordinance shall be issued unless it is approved by the Douglas County Board upon advice from the Sheriff’s Department and the establishment has passed fire and health inspections. The county board shall not approve any license if there is reasonable grounds to believe: 1. That the granting of said license would result in violations of the law; 2. That the license application contains false and misleading statements; or 3. That other good cause exists for denying the license; ---PAGE BREAK--- Chapter 4.39, Page 91 B. If the sheriff or county board finds that they do not have adequate information to evaluate the license application, they may direct the applicant, manager or agent to appear at any reasonable time and place to give under oath information concerning the application. No license shall be granted to any applicant who refuses to appear and cooperate with the investigation. SECTION VI. PROHIBITED ACTS A. No drug establishment shall: 1. Remain open between 8:00 p.m. and 8:00 a.m. on any day; 2. Sell drug products that do not include the name, phone number and address of the manufacturer, packer and distributer of the product; 3. Sell drug products that do not identify all commodities within the package, including organic and non-organic, chemically substances and compounds; 4. Sell drug products to any individual under the age of 21; 5. Sell drug products that do not comply with all state and federal laws and regulations, including those related to packaging, labeling and weights and measures; and 6. Be located within 1,000 feet of any park, school, day care facility or area zoned residential or mixed-use neighborhood. SECTION VII. SUPENSION AND REVOCATION OF LICENSE The Douglas County Board may revoke or suspend any license issued pursuant to this ordinance, if, after giving the licensee an opportunity to be heard on the matter, the county board finds: A. The licensee has violated a provision of this ordinance or any other law relating to the conduct of its operation including, but not limited to state, federal or local laws; or B. The licensee secured the license through misrepresentation or fraud or misstated any material fact in the application; or C. Failure of the licensee to cooperate with the sheriff, police, fire or health officers in any investigation relating to their operations or failure to admit sheriff deputies and/or police officers into the establishment at any time when people are present in the establishment; or D. The establishment is operated in such a way as to endanger public health or safety; or ---PAGE BREAK--- Chapter 4.39, Page 92 E. The establishment is operated in such a way as to constitute a public nuisance as defined Wisconsin Statute 823.113. SECTION VIII. APPEALS Any person aggrieved by a licensing decision of the Douglas County Board under this ordinance may appeal such decision to the county board by filing a written notice of appeal with the Douglas County Clerk within 15 days after such decision is rendered. The decision of the Douglas County Board is the final administrative decision of the county. SECTION IX. EFFECTIVE DATE This ordinance shall take effect upon passage and publication. Dated this 17th day of October, 2013.