(a) Definitions.
1. The term “vendor”, as used in this section, shall mean any person who is engaged in the wholesale or retail sale of “refined butane”, as that term is defined below.
2. The term “refined butane”, as used in this section, shall mean butane contained in a canister whose label includes any or all of the following words: “refined”, “pure”, “purified”, “premium” and “filtered”, when said words are used to describe the butane.
3. The term “sale” or “sell”, as used in this section, shall mean to transfer from a vendor to a customer, whether or not that transfer involves an exchange of money.
4. The term “purchase”, as used in this section, shall mean to acquire from a vendor, whether or not that acquisition involves an exchange of money.
(b) Vendor Requirements. Every vendor shall do all of the following:
1. Store refined butane, or cause it to be stored, in a manner that makes it inaccessible, without employee assistance, to the public in the regular course of business pending legal sale or disposition;
2. Limit the quantity of refined butane that may be purchased by a person within a 30-day period to no more than 1,200 milliliters (ml) at retail;
3. Sell refined butane only to persons 18 years of age or older;
4. Require any person who wishes to purchase refined butane to present a valid driver’s license or other form of government-issued identification bearing the prospective purchaser’s photograph, date of birth and current residence address; and
5. Record the following information in connection with each sale of butane and maintain on the premises of the vendor for a period of not less than two (2) years from the date of sale:
A. The full name and residence address of the purchaser, as obtained from identification described in (b)4.;
B. The date and time of the sale;
C. The brand and amount of refined butane sold;
D. The type of sale, i.e., retail or wholesale;
E. If a wholesale sale, the purchaser’s seller’s permit number as reflected on the resale certificate, if a resale certificate is taken from the purchaser pursuant to California Revenue and Taxation Code section 6091; and
F. The full name of the person who processed the sale.
(c) Penalty. Violation of any provision of Subdivision (b) above shall constitute a misdemeanor punishable in accordance with Subdivision (m) of Section 11.00 of this Code.
(d) Compliance. Compliance with this section shall in no way relieve a vendor of the responsibility to comply with any other applicable city, state or federal law.
(e) Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.