Anderson Municipal Code Ch. 9.17 Butane Resale Ordinance

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Editor's note— Ord. No. 800, § 1, adopted July 19, 2016, repealed the former ch. 9.17, §§ 9.17.010—9.17.090, and enacted a new ch. 9.17 as set out herein. The former ch. 9.17 pertained to similar subject matter and derived from Ord. No. 793, § 1, adopted Dec. 1, 2015.

Under the authority granted in Article XI, Section 7 of the California Constitution and Government Code Sections 36900 and 36901, the City of Anderson, by and through its council, does enact this chapter of its Municipal Code, which shall be known as the Butane Resale Ordinance.

(Ord. No. 800, § 1, 7-19-2016)

The northern region of our state has experienced a recent increase in explosions caused from the manufacture of honey oil (also known as hash oil) in clandestine labs using refined butane of five times and higher. These incidents have caused considerable property damage, personal injury and even incidents of death to those participating in the manufacturing process, and to innocent bystanders.

Use of refined butane five times or higher is done to dissolve the tetrahydrocannabinol (THC) resin, which concentrates into a liquid/oil form as a result of the butane's stripping process. The stripping of the THC through use of refined butane causes flammable butane vapors to accumulate low to the ground and remain exposed to ignition sources. Studies suggest that ninety-nine and one-half percent of the extracted THC butane mixture will volatilize into the immediate area and find an ignition source if five times refined and higher is used.

That the honey oil lab using refined butane of five times and higher presents a serious hazard for first responders as the gas has no odor and can only be detected by a combustible gas instrument. Such conditions present grave risk of loss where devices such as a TASER are capable of igniting the gas resulting in an explosion.

That the resale of refined butane five times and higher occurs at levels sufficient to aid the manufacture of honey oil. That such sales and possession of butane should be regulated to prevent the use of butane in the manufacture of honey oil where such activity presents grave dangers to the occupants of the city and the first responders therein.

(Ord. No. 800, § 1, 7-19-2016)

For the purpose of this chapter the following definitions apply:

"Butane" means iso-butane, n-butane, and butane of refined five times or greater.

"Canister" means a single butane canister of a storage quantity of eight hundred forty milliliters (twenty-eight and four-tenths ounces).

"Code" means the Anderson Municipal Code.

"Count" means the number of canisters of refined butane.

"Customer" means any person who is sold or acquires during a transaction products from any retail store.

"Day" means calendar day.

"Package" means butane offered for sale at quantities of two or more.

"Person" means a corporation, co-partnership, or association as well as a natural person.

"Reseller" means any business, company, corporation, person, employee or associate selling products to any customer within the city. It does not include any wholesaler engaged in a wholesale transaction.

"Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration.

"Tank" means a cylinder designed to hold compressed gas of a quantity greater than eight hundred forty milliliters (twenty-eight and four-tenths ounces).

"Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic or manual transfer between accounts or any other acquisition or disposition of property by whatever means effected.

"Wholesaler" means a person whose business is the selling of goods in gross to retail stores for purposes of resale.

(Ord. No. 800, § 1, 7-19-2016)

A. It is unlawful for any reseller to sell to a customer more two canisters of butane during a single transaction.

B. Subject to compliance with Section 9.17.040(E) of this code, it is unlawful for any reseller to sell to a customer more than two canisters of butane during any consecutive thirty-day period.

C. It is unlawful for any person that is not a reseller to have in their possession, custody or control more than two canisters of butane at any one time with a collective canister carrying capacity of eight hundred forty milliliters (twenty-eight and four-tenths ounces).

D. It is unlawful for any customer of reseller to purchase or acquire more than two canisters of butane during a consecutive thirty-day period, whether sold individually or by the package.

E. It is unlawful for a reseller to sell to a customer more than eight hundred forty milliliters of butane during a single transaction.

(Ord. No. 800, § 1, 7-19-2016)

A. For every sale of butane, reseller shall prepare a bill of sale that identifies the date of sale, quantity of butane purchased, and the purchaser's identification. Purchaser's identification as used herein shall mean a person's first and last name as verified from a valid driver's license or other official and valid state-issued identification that contains a photograph of the purchaser and a residential or mailing address. Reseller shall retain a copy of the bill of sale in readable form for a period of two years.

B. If shall be unlawful for any retailer to sell butane to any customer without complying with Section 9.17.050(A) of this code.

(Ord. No. 800, § 1, 7-19-2016)

A. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.20 of this code. A violation of this chapter is a misdemeanor and subject to a one thousand dollar penalty, per violation (Government Code, Section 36901). A separate violation shall exist for every single canister sold or possessed in violation of this chapter.

B. This chapter is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent.

C. A violation of any provision of this chapter constitutes a public nuisance.

(Ord. No. 800, § 1, 7-19-2016)

A person possessing a valid C-20 and/or C-38 contractors license issued by the California Department of Consumer Affairs, Contractors State License Board shall not be in violation of this code for possessing or purchasing a quantity of butane greater than the maximum amounts allowed under Sections 9.17.040(C) and (D) where all of the following are satisfied:

1. The C-20 and/or C-38 contractors license, or a readable copy thereof, is carried on the person during all times that the butane is possessed by the contractor;

2. The butane is used for the purpose of performing qualified tasks under the contractor's license held by the person carrying the butane;

3. That the person's license is in good standing with the California State Contractors License Board; and

4. The person, or company to which he/she is employed and performing the contacting tasks under the C-20 or C-38 contractors license, possesses a valid business license.

(Ord. No. 800, § 1, 7-19-2016)

If any provision, paragraph, word or section of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.

(Ord. No. 800, § 1, 7-19-2016)

Nothing herein is intended to limit the city from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of the code or state or federal law.

(Ord. No. 800, § 1, 7-19-2016)