Red Bluff Municipal Code Art. VI Butane Resale

Under the authority granted in Article XI, Section 7 of the California Constitution and Government Code §§ 36900 and 36901, the city, by and through its Council, does enact this article of its Municipal Code, which shall be known as the Butane Resale Ordinance.

(Ord. 1091, passed 11-18-2025)

For the purpose of this article the following definitions apply:

BUTANE. Isa-butane, n-butane, and butane of power five times or greater.

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

• CODE. The Red Bluff 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.

RESELLER. Any business, company, corporation, person, employee or associate selling products to any customer within the city. 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.

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 affected.

WHOLESALER. A person whose business is the selling of goods in gross to retail stores for purposes of resale.

(Ord. 1091, passed 11-18-2025)

(A) It is unlawful for any retailer or person to sell to a customer more than 600 ml (21.0 oz) of butane during any single transaction.

(B) It is unlawful for any person that is not a reseller to have in their possession, custody or control more than 600 ml (21.0 oz) of butane at any one time.

(C) It is unlawful for any customer of a retailer to purchase or acquire more than 600 ml (21.0 oz) of butane per month, whether sold individually or by the package.

(Ord. 1091, passed 11-18-2025)

(A) For every sale of butane, 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.

(B) If 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. 1091, passed 11-18-2025)

(A) Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this article shall be punishable as provided in Chapter 1 of this code. A violation of this article is a misdemeanor and subject to a $1,000 penalty, per violation (Government Code, § 36901). A separate violation shall exist for every single canister sold, purchased or possessed in violation of this article.

(B) This article 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 article constitutes a public nuisance.

(Ord. 1091, passed 11-18-2025)

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. All local amendments to the 2022 California Building Standards Code previously adopted by the city and currently codified in the Red Bluff Municipal Code shall remain in full force and effect and are hereby re-adopted as local amendments to the 2025 editions of the corresponding codes, unless and until expressly repealed or modified by future action of the City Council.

(Ord. 1091, passed 11-18-2025)