(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MDPV. Includes any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salt of isomers of 3.4 Methylenedioxprovalerone, Methylone, Mephedrone, 4-methoxymethcathinone, 4-Fluormathcathinine and 3-Fluoromethcathinone.
POSSESS. With the knowledge of the presence and nature of a substance, either actually or constructively in control, of a substance. A person has actual possession if he or she has the substance on his or her person or within easy reach and convenient control. A person who, although not in actual possession, has the power and intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.
(B) Prohibitions.
(1) It shall be unlawful for any licensee, or any agent, manager or employee of any licensee, whether on or off the licensed premises, to possess, sell, offer to sell, deliver, distribute, gift or publicly display for sale any substance containing MDPV as defined in division (A) of this section.
(2) It shall be unlawful for any licensee, or any agent, manager or employee of any licensee, whether on or off the licensed premises, to possess by consumption any substance containing MDPV as defined in division (A) of this section.
(C) Any violation of division (B) of this section shall constitute grounds for the imposition of discipline upon the licensee’s liquor license. In addition, the State’s Attorney is authorized to initiate proceedings in the Circuit Court for an ordinance violation and/or for injunctive relief for any such violation.
(D) The Sheriff and the license investigator shall cooperate to notify any licensee offering any substance containing MDPV for sale of the unlawfulness of said product. The Sheriff shall report any continued sale of said substances to the State’s Attorney so that the State’s Attorney may seek any necessary injunctive relief in the Circuit Court to remove said product from sale, offer for sale, gift or public display.
(Ord. 2011-04, passed 5-18-2011) Penalty, see § 70.999