Upland Municipal Code Ch. 9.32 Sale of Ephedrine

As used in this chapter:

"Count"

means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container.

"Customer"

means any person who purchases or acquires the products described in this section, or persons who are present for the purchase or acquisition of the products described in this section.

"Ephedrine"

means any drug, substance or compound, whether legal or illegal that contains pseudoephedrine hydrochloride, pseudoephedrine or ephedrine. These are commonly known as, but not limited to, decongestants, nasal decongestants, antihistamines and pep pills.

"Retailer"

means any retail business, company, corporation, person, employee, associate, or wholesaler who furnishes, distributes, sells, or gives away products as described in this section.

"Sell"

means to furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

(Prior code § 4295.03(a); Ord. 1812 § 1, 2006)

A. No retailer shall sell to a single customer more than three packages, per transaction, of a product containing ephedrine. No retailer shall sell to a single customer, per transaction, products containing ephedrine where the total count exceeds 100.

B. No customer shall acquire more than three packages, per day, of a product containing ephedrine. No customer shall acquire, per day, products containing ephedrine where the total count exceeds one 100.

(Prior code § 4295.03(b); Ord. 1812 § 1(B), 2006)

It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter hereby adopted. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

(Prior code § 4295.03(c); Ord. 1812 § 1, 2006)

The violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Prior code § 4295.03(d); Ord. 1812 § 1(B), 2006)