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<br />"CHAPTER 6.25 - REGULATION OF BUTANE RESALE
<br />§ 6 25.010 Definitions
<br />For the purpose of this Chapter the following definitions apply:
<br />"Butane" means iso -butane, n -butane, and butane refined 5x or greater.
<br />"Customer" means any person who purchases or acquires the products described in
<br />this Chapter, excluding Retailers.
<br />"Retailer" means any retail business, company, corporation, person, employee,
<br />associate, or wholesaler, who furnishes, distributes, sells, or gives away products described in
<br />this Chapter.
<br />"Person" means a corporation, co -partnership, or association as well as a natural
<br />person.
<br />"Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute or
<br />supply, whether for monetary gain or other consideration.
<br />"Transaction" means to purchase, sale, trade, loan, pledge, investment, gift, transfer,
<br />transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of
<br />credit, purchase or sale of any monetary instrument, or an electric, magnetic or manual
<br />transfer between accounts or any other acquisition or disposition of property by whatever
<br />means affected.
<br />"Wholesaler" means a person whose business is the selling of goods in gross to retail
<br />stores for purposes of resale.
<br />6.25.020 Unlawful Sale, Purchase and Handling Butane
<br />A. It is unlawful for any Retailer or Person to Sell to a Customer more than 600 1111
<br />(21.0 oz.) of Butane during any single transaction.
<br />B. It is unlawful for any Person that is not a Retailer or Wholesaler to have in its
<br />possession, custody or control more than 600 ml (21.0 oz.) of Butane at any one time.
<br />C. It is unlawful for any Customer to purchase or acquire more than 600 ml (21.0 oz.)
<br />of Butane in any month.
<br />6.25.030 Tracking of Butane Sale
<br />A. For every sale of Butane, Retailer shall prepare a bill of sale that identifies the date
<br />of sale, quantity of Butane purchased, and the purchaser's identification. Purchaser's
<br />identification as used herein shall mean a person's first and last name as verified from a valid
<br />driver's license or other official and state -issued identification that contains a photograph of
<br />the purchaser and a residential mailing address. Retailer shall retain a copy of the bill of sale
<br />in readable form for a period of two years.
<br />B. It shall be unlawful for any retailer to sell butane to any customer without
<br />complying with this Section of this Code.
<br />C. Any Reseller shall provide the City, upon written request, copies of the records
<br />described in this section.
<br />6.25.040 Penalties, Strict Liability, and Nuisance.
<br />A. A violation of this Chapter is a misdemeanor and subject to a $1000 penalty per
<br />violation (Government Code, Section 36901). A separate violation shall exist for every single
<br />300 ml canister of Butane sold, purchased, or possessed in violation of this Chapter.
<br />B. This Chapter is a regulatory provision necessary for the protection of the public
<br />health, welfare and safety. In any criminal prosecution for a violation of this Chapter, it is not
<br />necessary to prove knowledge or criminal intent.
<br />C. A violation of any provision of this Chapter constitutes a public nuisance.
<br />6.25.050 Reserved for Future Use.
<br />6.25.060 Cumulative Remedy
<br />Nothing herein is intended to limit the City 9f Colton from pursuing any other remedy
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