(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PSEUDO-EPHEDRINE PRODUCT. Any product containing ephedrine or pseudo- ephedrine and includes any compound, mixture, or preparation that contain any detectable quantity of ephedrine, pseudo-ephedrine, norpseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers. Product packaging that lists ephedrine, pseudo-ephedrine, norpseudoephedrine, or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that the product is a PSEUDO-EPHEDRINE PRODUCT.
RETAIL ESTABLISHMENT. Any place of business that offers any pseudo-ephedrine product for sale at retail.
(B) Products behind the counter. The operator of a retail establishment shall keep all products containing pseudo-ephedrine 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) Limitations on sales. It shall be prohibited for a retailer to sell more than a total of nine grams in tablet or powdered form of ephedrine, pseudo-ephedrine, norpseudoephedrine, or phenyl propanolamine to a person within a 30-day period; however, this limit shall not apply to any quantity of such tablet or powdered form of ephedrine, pseudo-ephedrine, norpseudoephedrine, or phenylpropanolamine dispensed pursuant to a valid prescription.
(D) Identification required. A person making a retail sale of a product containing pseudo- ephedrine shall require a government-issued, photo identification from the purchaser and shall record the purchaser’s name, date of birth, quantity of pseudo-ephedrine product purchased, transaction date, and the initials of the seller.
(E) Maintenance to information. The information required to be obtained by section (D) above 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 City’s Police Department officers, the state’s Department of Public Safety officers, the County Sheriff’s Department officers, and other law enforcement officers.
(Prior Code, § 11-1-26) (Ord. 06-03, passed 1-23-2006) Penalty, see § 130.99