A. 
The city council finds that there is a current and immediate threat to the public health and safety resulting from the use of butane to manufacture honey oil.
B. 
It is the intent and purpose of the city council in enacting this chapter, to impose reasonable restrictions on the sale of butane, in order to minimize the safety hazards and risks to public health and safety, including risks to first responders, created by the use of butane to manufacture honey oil.
C. 
The restrictions adopted herein are intended to provide greater protection of the public, while allowing the sale of butane in amounts suitable for its traditional and ordinary use.
(Ord. No. 898 § 2, 2016)
For the purposes of this chapter, the terms set forth below are defined as follows:
"Butane"
means five times refined or higher of any of the following: iso-butane, n-butane, and butane.
"Customer"
means any person who purchases or acquires butane, or person who is present for the purpose of purchasing or acquiring butane.
"Honey oil"
means any form of liquid concentrate of tetrahydrocannabinol derived from marijuana.
"Retailer"
means any retail business, company, corporation, person, employee, or associate, or any employee or agent thereof, who, as part of a city-licensed business, furnishes, distributes, sells or gives away butane. Retailer does not include any wholesaler.
"Sell"
means to furnish, give away, exchange, transfer, deliver, surrender, or supply, whether or not for mone-tary gain.
"Wholesaler"
means any person or entity whose business involves selling butane to retailers for purposes of resale pursuant to a permit or license issued by the state or federal government.
(Ord. No. 898 § 2, 2016)
A. 
No retailer shall knowingly sell or offer to sell to any customer, and no customer shall purchase or otherwise acquire more than 1,200 milliliters of butane per transaction, with the intent to use such butane to manufacture honey oil.
B. 
No person shall actually or constructively possess more than 1,200 milliliters of butane at any one time with the intent to use such butane to manufacture honey oil.
C. 
No person shall purchase or otherwise acquire more than 1,200 milliliters of butane within any calendar month with the intent to use such butane to manufacture honey oil.
D. 
Each retailer shall keep a written record of all butane sales cumulatively or individually amounting to more than 1,200 milliliters in a single transaction, including the date of sale, amount purchased, and the name and address of the individual purchasing the butane, as verified by a driver's license or other official, government-issued photo identification listing a place of residence. Retailers shall retain records for a period of at least one year and shall furnish copies of records to city officials upon request. Such records shall be confidential but subject to review by city officials.
E. 
No retailer shall display or offer for sale, trade or exchange, any butane except in an area from which the public is physically prevented from entering without retailer assistance. Two such acceptable methods of displaying butane for sale shall be by containment in:
1. 
A completely enclosed, indoor cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the retailer, remain securely locked; or
2. 
An enclosed area behind a sales or service counter from which the public is physically prevented from entry.
(Ord. No. 898 § 2, 2016)
The provisions of this chapter are intended to supplement and not conflict with any state law. The city council declares that, should any provision, section, paragraph, sentence or word of this chapter be or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect.
(Ord. No. 898 § 2, 2016)
Any person, customer, or retailer violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(Ord. No. 898 § 2, 2016)