Colton Municipal Code Ch. 6.25 Regulation of Butane Resale

For the purpose of this Chapter the following definitions apply:

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

"Customer" means any person who purchases or acquires the products described in this Chapter, excluding Retailers.

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

"Retailer" means any retail business, company, corporation, person, employee, associate, or wholesaler, who furnishes, distributes, sells, or gives away products described in this Chapter.

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

"Transaction" means to 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 electric, magnetic or manual transfer between accounts or any other acquisition or disposition of property by whatever means affected.

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

(Ord. No. O-19-16, § 1, 10-18-2016)

A. It is unlawful for any Retailer or Person to Sell to a Customer more than six hundred milliliters (twenty-one ounces) of Butane during any single transaction.

B. It is unlawful for any Person that is not a Retailer or Wholesaler to have in its possession, custody or control more than six hundred milliliters (twenty-one ounces) of Butane at any one time.

C. It is unlawful for any Customer to purchase or acquire more than six hundred milliliters (twenty-one ounces) of Butane in any month.

(Ord. No. O-19-16, § 1, 10-18-2016)

A. For every sale of Butane, Retailer 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 state-issued identification that contains a photograph of the purchaser and a residential mailing address. Retailer shall retain a copy of the bill of sale in readable form for a period of two years.

B. It shall be unlawful for any retailer to sell butane to any customer without complying with this Section of this Code.

C. Any Reseller shall provide the City, upon written request, copies of the records described in this section.

(Ord. No. O-19-16, § 1, 10-18-2016)

A. A violation of this Chapter is a misdemeanor and subject to a one thousand dollars penalty per violation (Government Code, Section 36901). A separate violation shall exist for every single three hundred milliliter canister of Butane sold, purchased, 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. O-19-16, § 1, 10-18-2016)

Nothing herein is intended to limit the City of Colton 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. O-19-16, § 1, 10-18-2016)