Biggs Municipal Code Ch. 7.55 Regulation of Butane Resale

For the purpose of this chapter, the following definitions shall apply:

"Butane"

means iso-butane, n-butane, and refined butane of any power.

"Canister"

means a single container designed or used for the storage of butane under pressure.

"Code"

means the Biggs Municipal Code.

"Count"

means the number of canisters of butane.

"Customer"

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

"Day"

means calendar day.

"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 of Biggs. 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.

"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. 408 § 3, 2016)

(1) It is unlawful for any reseller or other person to sell, offer to sell, or otherwise provide to a customer any number of butane canisters that exceed a combined total storage of 600 ml of butane during any single transaction.

(2) It is unlawful for any customer to purchase or acquire any number of butane canisters that exceed a combined total storage capacity of 600 ml of butane during any 30-day period.

(3) It is unlawful for any person to have in their possession, custody, or control any number of butane canisters that exceed a combined total storage capacity of 600 ml of butane at any one time. The limitation in this subsection shall not apply to the following:

(a) Butane canisters possessed by wholesalers or resellers solely for the purposes of resale;

(b) Butane canisters possessed by persons solely for the purposes of furthering their ongoing, lawful, and city-licensed commercial operations which require butane quantities greater than 600 ml; or

(c) Butane canisters containing a sulfur-containing odorant, such as ethylmercaptan.

(Ord. 408 § 3, 2016)

(1) For every sale of butane, the 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.

(2) It shall be unlawful for any reseller to sell butane to any customer without complying with subsection (1) of this section.

(Ord. 408 § 3, 2016)

(1) Any violation of this chapter is a misdemeanor and subject to a $1,000 penalty and/or six months in the county jail; provided, however, the city shall have the discretion to reduce the misdemeanor to an infraction. A separate offense shall exist for every single violation of this chapter in accordance with Chapter 1.20 BMC. The criminal prosecution of any violation of this chapter does not preclude the city of Biggs from the further initiation of any other civil or administrative proceeding which may be available as a remedy for such violation in accordance with BMC Title 1.

(2) 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.

(3) A violation of any provision of this chapter constitutes a public nuisance.

(Ord. 408 § 3, 2016)

Nothing herein is intended to limit the city of Biggs 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. 408 § 3, 2016)