(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PSEUDOEPHEDRINE PRODUCT.
Any product containing ephedrine or pseudoephedrine and includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, or norpseudoephedrine, or phenylpropanolamine or their salts, optical isomers or salts of optical isomers. Product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that the product is a pseudoephedrine product.
RETAIL ESTABLISHMENT.
Any place of business that offers any pseudoephedrine product for sale at retail.
(B) The operator of a retail establishment shall keep all products containing pseudoephedrine behind a store counter or otherwise in a manner that is inaccessible to customers without the assistance of the operator or an employee of the establishment.
(C) A person making a retail sale of a product containing pseudoephedrine shall require a government-issued, photo identification from the purchaser and shall record the purchaser's name, date of birth, quantity of pseudoephedrine product purchased, transaction date and the initials of the seller.
(D) The information required to be obtained by division (C) will be retained by the retail establishment for a period of 90 days, and will be considered a confidential document that will only be available to the operator of the retail establishment, and shall be available to the Town of Cave Creek Town Marshal Department Officers, Arizona Department of Public Safety Officers, Maricopa County Sheriff's Department Officers, and other law enforcement officers.
(E) A violation of this section is a Class 1 Misdemeanor.
(Ord. O2006-04, passed 2-6-06)