Redding Municipal Code Ch. 10.06 Butane Resale

The following terms and phrases, whenever used in this Chapter, are defined as follows:

A. "Butane" means five times refined or higher of any of the following: iso-butane, n-butane, and butane.

B. "Canister" means a single container in which butane is stored or collected or from which butane is dispensed.

C. "Customer" means any person who is sold or acquires butane during a transaction from any reseller.

D. "Package" means butane offered for sale at quantities of two canisters or more.

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

F. "Reseller" means any business, company, corporation, person, employee or associate that sells, offers to sell, or distributes products to any customer in the City of Redding. It does not include any wholesaler engaged in a wholesale transaction.

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

H. "Transaction" means 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.

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

(Ord. No. 2544, §§ 1, 2, 2-16-2016)

A. It is unlawful for any reseller to sell, offer to sell, or distribute to a customer any number of butane canisters that exceed a combined total storage quantity of six hundred ml of butane during a single transaction.

B. It is unlawful for any person that is not a reseller or wholesaler to have possession, custody or control of any number of butane canisters that exceed a combined total storage quantity of six hundred ml of butane at any one time.

C. It is unlawful for any customer to purchase or acquire per calendar month any number of butane canisters that exceed a combined total storage quantity of six hundred ml of butane, whether sold individually or by the package.

(Ord. No. 2544, §§ 1, 2, 2-16-2016)

A. For every sale of butane, every Reseller shall prepare a bill of sale that identifies the date of sale, quantity of butane purchased, and the customer's identification. The customer'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 customer 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 reseller to sell butane to any customer without complying with Subdivision (A) of this Section.

(Ord. No. 2544, §§ 1, 2, 2-16-2016)

A. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent.

B. The city attorney is authorized to file a civil action to recover civil penalties and to take any other action at law or equity which he or she may deem necessary in order to enforce this chapter.

C. This chapter may be enforced by means of the administrative processes set forth in Chapters 1.13 and 1.14 of the Redding Municipal Code.

D. This chapter is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Redding Municipal Code.

E. A violation of any provision of this chapter constitutes a public nuisance.

(Ord. No. 2544, §§ 1, 2, 2-16-2016)