Chapter 9.90 — REPORTING SALES OF UNREGULATED CHEMICALS

9.90.010 - Reporting transaction of certain chemicals.¶

Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person shall submit a report to the police chief of all of those transactions:

N-methylephedrine;

N-methylpseudoephedrine;

N-ethylephedrine;

N-ethylpseudoephedrine;

Chloroephedrine.

(Ord. 6305 § 1 (part), 1989)

9.90.020 - Identification of purchaser—Penalties.¶

Any manufacturer, wholesaler, retailer, or other person shall, prior to selling, transferring, or otherwise furnishing any substance specified in Section 9.90.010, obtain proper identification from the purchaser.

For the purposes of this section, "proper identification" means a motor vehicle operator's license or other official state- issued identification of the purchaser which contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, and motor vehicle license number of any motor vehicle owned or operated by the purchaser, a letter of authorization from the business for which any substance listed in Section 9.90.010 is being furnished, which includes the business license number and address of the business, a full description of how the substance is to be used, and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance listed in Section 9.90.010 shall affix his or her signature as a witness to the signature and identification of the purchaser.

Violation of this section is a misdemeanor.

(Ord. 6305 § 1 (part), 1989)

9.90.030 - Reports to police chief—Time requirements.¶

Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in Section 9.90.010 to any person shall, not less than 21 days prior to delivery of the substance, submit a report of the transaction to the police chief, including the identification information specified in subsection B of Section 9.90.020. However, the police chief may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the police chief determines that either of the following exists:

A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance.

The recipient has established a record of utilization of the substance for lawful purposes.

(Ord. 6305 § 1 (part), 1989)

9.90.040 - Penalties.¶

Any person specified in Section 9.90.030 who does not submit a report as required or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in the city jail not exceeding six months or by a fine not exceeding $500.00, or by both the fine and imprisonment.

Any person specified in Section 9.90.030 who has previously been convicted of a violation of subsection A of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in the city jail not exceeding one year, or by fine not exceeding $1,000.00, or by both the fine and imprisonment.

(Ord. 6305 § 1 (part), 1989)

9.90.050 - Exemptions.¶

This section shall not apply to any of the following:

Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist or veterinarian.

Any physician, dentist, podiatrist or veterinarian who administers or furnishes a substance to his or her patients.

Any manufacturer or wholesaler licensed by the California State Board of Pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist or veterinarian.

Sales consistent with federal law of any proprietary product containing substances listed in subdivisions 1 through 5 of Section 9.90.010(A).

(Ord. 6305 § 1 (part), 1989)