Any operator of a retail establishment may refuse to sell any nitrous oxide product to any person if the operator has reason to believe that the product will be used in any manner contrary to federal, state or local law. Facts that give reason to believe that the product will be used unlawfully include, but are not limited to, the following:
(1) The circumstances would lead a reasonable person to believe that any person is attempting to possess nitrous oxide products for the purpose of unlawful distribution to persons under the age of eighteen (18) as prohibited by state law.
(2) The transaction involves payment for nitrous oxide products in a total amount of more than one hundred dollars ($100.00).
Any person who refuses to make a retail sale in accordance with this subsection is not liable to its customer or any other person for any loss or damage caused in whole or in part by the refusal to sell.
(Ord. No. 10735, § 1, 11-24-09, eff. 2-1-10)