Chapter 124 — SALE OF NITROUS OXIDE

Section

124.01 Definitions

124.02 Sale or distribution of nitrous oxide

124.03 Exceptions

124.99 Penalty

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEVICE. Any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.

NITROUS OXIDE. The substance defined in Cal. Penal Code § 381c as "nitrous oxide" as that definition may be amended from time to time.

PERSON. An individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.

(Ord. 966-C.S., passed 11-4-25)

It is unlawful for any person not excepted hereafter to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide.

(Ord. 966-C.S., passed 11-4-25)

The following conduct is excepted from the prohibitions of this chapter:

(A) This chapter does not apply to the sale of nitrous oxide contained in food products for use as a propellant.

(B) This chapter does not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by this state.

(C) This chapter does not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).

(D) This chapter does not apply to the sale or distribution of nitrous oxide by a wholesale distributor of food supplies directly to the location of a food preparation facility located in the City of Eureka, provided that that transaction is documented by a manifest stating the

date, time, quantity, and type of nitrous oxide product delivered and certified by the food preparation facility individual in charge in charge on site that the product has been received by that facility solely for the purpose of food preparation. Each manifest must be retained by the food preparation facility and the wholesale distributor and is subject to inspection by the city for a period of three years from the date of the transaction.

(E) This chapter does not apply to any other administration of nitrous oxide, sale, offer or attempt to sell, distribution or provision of nitrous oxide made lawful by federal or State of California law.

(Ord. 966-C.S., passed 11-4-25)

(A) Any person violating this chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail or by a fine of $1,000, or both.

(B) The City of Eureka further declares that any condition caused or permitted to exist in violation of any of the provisions of this chapter constitutes a public nuisance. The City of Eureka may summarily abate such nuisance and recover costs of abatement from the violator.

(C) A violation of this chapter is grounds for revocation of a tobacco retailer's license pursuant toChapter 123 of this code.

(D) Further, a violation of this chapter is grounds for revocation of a business license, if applicable, pursuant toChapter 110 of this code.

(Ord. 966-C.S., passed 11-4-25)