Chapter 7.79
NITROUS OXIDE
Sections:
7.79.020 Record of sale, inspections.
7.79.030 Penalty for violations.
7.79.010 Definition.
For the purpose of this chapter, the following definitions shall apply:
A. “Nitrous oxide” shall mean any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381c(a).
B. This chapter shall not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by the state of California or at the direction or under the supervision of a practitioner licensed by the state of California.
C. This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant.
(Ord. 2304 § 1 (part), 6-11-13)
7.79.020 Record of sale, inspections.
Every person who sells or furnishes nitrous oxide shall retain a record of the sale for a period of two years. The record of the sales shall contain the name and address of the buyer, the age of the buyer, date of sale, amount of nitrous oxide purchased and the identity of the government agency issued identification card used to verify the buyer’s name, address and birth date. Records shall be open to inspection by any public officer or employee engaged in the enforcement of this chapter.
(Ord. 2304 § 1 (part), 6-11-13)
7.79.030 Penalty for violations.
A. Any person, firm, company, partnership, corporation or business entity of whatever form violating any of the provisions of this chapter is guilty of an infraction and each such person, firm, company, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this chapter is committed, continued, or permitted, and upon conviction thereof shall be punishable by (A) a fine not exceeding two hundred fifty dollars for a first violation; (B) a fine not exceeding five hundred dollars for a second violation of the same chapter within one year; (C) a fine not exceeding one thousand dollars for each additional violation of the same chapter within one year.
B. Any person, firm, company, partnership, corporation or business entity of whatever form convicted of more than three violations of this chapter within one year or more than five violations within two years shall be subject to revocation of their business license as provided in Chapter 2.10.
(Ord. 2304 § 1 (part), 6-11-13)