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TUESDAY, JANUARY 28. 1997 <br /> <br />6.1-244 et seq.), 20 cents per $100 of gross receipts. <br /> <br />Council considered adoption, on second reading, of Ordinance No. 97-3 <br />amending the City Code, Chapter 13--Offenses-Miscellaneous, Article I-- <br />In General, by adding Section 13-43--Place used for illegal drugs a <br />nuisance; presence at such nuisance. A motion and second were made to <br />adopt the Ordinance on second reading. Council Member Haskell stated <br />she had spoken with Senator Wm. Roscoe Reynolds regarding this matter. <br />Senator Reynolds indicated he had (while serving in the House of <br />Delegates) attempted to pursue legislation which would modify State law <br />to make it illegal to be in a place where drugs were displayed. <br />However, the legislation did not make it out of committee due to <br />concerns regarding whether the measure would be Constitutional. <br />Council Member Haskell stated she had asked the City Attorney for an <br />opinion on the proposed Ordinance and asked that his response be read <br />into the record. The text of the City Attorney's memorandum is as <br />follows: <br /> <br />To: <br /> <br />Hon. Elizabeth Haskell, Council Member <br /> <br />From: <br /> <br />City Attorney <br /> <br />Date: <br /> <br />January 27, 1997 <br /> <br />Re: <br /> <br />Ordinance making it a Class 2 misdemeanor for any person to <br />be present in a "drug house." <br /> <br />In response to your request for the applicable legal authorities that <br />govern the legality of the above ordinance, the basic applicable <br />principle of criminal law is this: it is not a crime for someone to be <br />present at the scene of a crime unless that person in some way <br />participates in the crime. Under the ordinance proposed by Mr. Smith, <br />it is a crime, specifically a Class 2 misdemeanor, to be present in a <br />place where unlawful drug transactions are taking place, regardless of <br />whether or not the party in question is participating in any such <br />transactions. <br /> <br />Sec. 18.2-258 of the Virginia Code provides that any place frequented <br />by persons under the influence of unlawful drugs or for the purpose of <br />illegally obtaining or distributing unlawful drugs shall be deemed a <br />common nuisance. The statute also provides that any owner, lessor, or <br />agent of any such lessor, who knowingly permits, establishes, keeps or <br /> <br /> <br />