§ 92.10 REGULATION OF THE SALE, PURCHASE, AND POSSESSION OF BUTANE. — Eureka Zoning Code

(A) Findings and purpose.

(1) 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 5x 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.

(2) That the use of refined butane 5x 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 of 5x or higher causes flammable butane vapors to accumulate low to the ground and remain exposed to ignition sources. Studies suggest that 99.5% of the extracted THC Butane mixture will volatilize into the immediate area and remain in a form that is odorless and latent to the human eye and only detected through a combustible gas instrument.

(3) A honey lab using 5x refine butane 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 a grave risk of loss where devices typically deployed by first responders are capable of igniting the gas resulting in an explosion.

(4) That the resale of refined butane 5x and higher occurs at levels that are only relevant to 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 and adverse health risks to the occupants of the City of Eureka and the first responders therein.

(B) Definitions. For the purpose of this chapter the following definitions apply:

BUTANE. Iso-butane, n-butane, and butane of power 5x or greater.

CANISTER. A single butane canister of a storage quantity of 300 ml (10.6 ounces).

CODE. The Eureka Municipal Code.

COUNT. The number of canisters of refined butane.

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

DAY. Calendar day.

PACKAGE. Butane offered for sale at quantities of two or more.

PERSON. A corporation, co-partnership, or association as well as a natural person.

RETAILER or RESELLER. Any business, company, corporation, person, employee or associate selling products to any customer within the City of Eureka. It does not include any wholesaler engaged in a wholesale transaction.

SELL. To furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration.

TANK. A cylinder designed to hold compressed gas of a quantity greater than 600 ml.

TRANSACTION. 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.

VENDOR. Any person who is engaged in the wholesale or retail/resale sale of "refined butane," as that term is defined herein. WHOLESALER. Any business, company, corporation, or person whose business is the selling of goods in gross to retailers for the purposes of resale.

(C) Unlawful sale, purchase, and handling of butane.

(1) It is unlawful for any retailer, reseller or person who is not a wholesaler to sell to a customer any number of butane

canisters or tanks that exceed a combined total storage quantity of 600 ml of butane during a single transaction.

(2) It is unlawful for any person that is not a vendor (wholesale or retailer/reseller) to have in their possession, custody or control any number of butane canisters or tanks that exceed a combined total storage quantity of 600 ml of butane at any one time.
(3) It is unlawful for any customer of retailer/reseller to purchase or acquire per calendar month any number of butane canisters or tanks that exceed a combined total storage quantity of 600 ml of butane, whether sold individually or by the package.
(D) Tracking of butane sale and records retention. Every vendor shall do all of the following:
(1) Store refined butane, or cause it to be stored, in a manner that makes it inaccessible, without employee assistance, to the public in the regular course of business pending legal sale or disposition;
(2) Limit the quantity of refined butane that may be purchased by a person within a calendar month to no more than 600 ml;
(3) Sell refined butane only to persons 18 years of age or older;
(4) Require any person who wishes to purchase refined butane to present a valid driver's license or other form of governmentissued identification bearing the prospective purchaser's photograph, date of birth, and current residence address; and
(5) Record the following information in connection with each sale of butane and maintain on the premises of the vendor for a period of not less than two years from the sale of sale:
(a) The full name and residence address of the purchaser, as obtained from identification described in division (D)(4);
(b) The date and time of the sale;
(c) The brand and amount of refined butane sold;
(d) The type of sale, i.e., retail or wholesale;
(e) If a wholesale sale, the purchaser's seller's permit number as reflected on the resale certificate, if a resale certificate is taken from the purchaser pursuant to Cal. Rev. & Tax. Code § 6091; and
(f) The full name of the person who processed the sale.
(6) The vendor shall provide the record of sales information as described in division (5) above upon request of the City of Eureka or its authorized representative or agent.
(7) Exception: § 92.10(D)(2) shall not apply to wholesalers selling to persons who are licensed pursuant to § 92.10(F)(2).
(E) Enforcement and penalty.
(1) Each act in violation of this Code is a violation of § 10.99 of the Eureka Municipal Code and shall constitute a separate offense. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion.
(2) Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter, except where expressly required by this chapter.
(3) Any immediately dangerous condition as defined in § 150.152 may be summarily abated in accordance with § 150.153.

Actions taken to abate the immediately dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use of occupancy of the property on which the dangerous condition exists, or any other abatement action determined by the Chief Building Official to be necessary. In the event use or occupancy is restricted, the owner, operator or manager shall discontinue said use immediately.

(4) If, in attempting to obtain compliance with division (3) above, the Chief Building Official is denied entry to the property by its owner, operator, or manager, the Chief Building Official may, pursuant to California Code of Civil Procedure §§ 1822.50 through 1822.60, seek an inspection and abatement warrant from the Superior Court.

(5) Costs for any abatement performed by, or on behalf of the city, including the cost of police and fire services provided, relocation of occupants of the property, and any other administrative costs, shall be recoverable by the city by the methods given in §§ 150.183 through 150.190.

(6) In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorneys' fees, the prevailing party in the action or proceeding shall recover its attorneys' fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of

attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. "Prevailing party" shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the City Attorney or her or his assistant and deputies, calculated based on the effective hourly rate of such attorney (ref. Cal. Gov’t Code § 38773.5).

(F) Exemptions.

(1) A person possessing a valid C-20, C-36 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 possession or purchasing a quantity of butane greater than the maximum amounts allowed under divisions (C)(1), (2) or (3) where all of the following are satisfied:

(a) The C-20, C-36 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;

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

(d) The person, or company to which he or she is employed and performing the contracting tasks under the C-20, C-36 and/or C-38 Contractors License, possesses a valid business license.

(2) A person possessing a valid volatile manufacturing license issued by both the State of California and the City of Eureka.

(G) Cumulative remedy. 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. 849-C.S., passed 11-1-16; Am. Ord. 872-C.S., passed 4-17-18)