(a) Report
required. Any manufacturer, wholesaler, retailer, or other person
who sells, transfers, or otherwise furnishes any of the following
substances to any person in the city shall submit a report to the
chief of police of all of those transactions:
(b) Identification
required.
(1) Any manufacturer, wholesaler, retailer, or other person shall, prior
to selling, transferring, or otherwise furnishing any substance specified
in paragraph (a) to a person in the city, require proper identification
from the purchaser.
(2) For the purposes of this article, "proper identification" means a
motor vehicle operator's license or other official state-issued identification
of the purchaser which contains a photograph of the purchaser, and
includes the residential or mailing address of the purchaser, other
than a post office box number, the motor vehicle license number of
any motor vehicle owned or operated by the purchaser, a letter of
authorization from the business for which any substance specified
in paragraph (a) is being furnished, which includes the business license
number and address of the business, a full description of how the
substance is to be used, and the signature of the purchaser. The person
selling, transferring, or otherwise furnishing any substance specified
in paragraph (a) shall affix his or her signature as a witness to
the signature and identification of the purchaser.
(c) Report
deadline, exception. Any manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes the substance
specified in paragraph (a) to a person in the city shall, not less
than 21 days prior to delivery of the substance, submit a report of
the transaction, which includes the identification information specified
in paragraph (b) to the chief of police. However, the chief may authorize
the submission of the reports on a monthly basis with respect to repeated,
regular transactions between the furnisher and the recipient involving
the same substance if the chief determines that either of the following
exist:
(1) A pattern of regular supply of the substance exists between the manufacturer,
wholesaler, retailer, or other person who sells, transfers, or otherwise
furnishes such substance and the recipient of the substance.
(2) The recipient has established a record of utilization of the substance
for lawful purposes.
(d) Exemptions.
This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or furnishes
a substance upon the prescription of a physician, dentist, podiatrist,
or veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who administers
or furnishes a substance to his or her patients.
(3) Any manufacturer or wholesaler licensed by the California State Board
of Pharmacy who sells, transfers, or otherwise furnishes a substance
to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian.
(4) Sales consistent with federal law of any proprietary product containing
substances listed in paragraph (a) subsections (1) through (7).
(e) Penalty
for violation. Any person specified in this article who fails to submit
a report required by this article, or who submits a report with false
or fictitious information shall be guilty of a misdemeanor and shall
be punished by imprisonment in the county jail not exceeding six months
or by a fine not exceeding $5,000, or by both the fine and imprisonment.
Any person specified in paragraph (c) who has previously been
convicted of a violation of subsection (1) shall, upon a subsequent
conviction thereof, be punished by imprisonment in the county jail
not exceeding one year, or by a fine not exceeding $100,000, or by
both the fine and imprisonment.
(Ord. No. 87-4, § 3, 1-21-87)