Sec. 11-131. Retail establishment's right to refuse sale.

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)

Sec. 11-132. Possession and use of nitrous oxide by persons under the age of 18.

   (a)   A person under the age of eighteen (18) commits an offense if the person possesses a nitrous oxide product unless the person under eighteen (18) years of age is delivering or accepting delivery in the person's capacity as an employee. Such an offense is a class 3 misdemeanor.

   (b)   A person under the age of eighteen (18) commits an offense if the person inhales, ingests uses or otherwise consumes a nitrous oxide product. Such an offense is a class 1 misdemeanor.

   (c)   This section shall not apply to any person who inhales, ingests uses or otherwise consumes nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.

(Ord. No. 10735, § 1, 11-24-09, eff. 2-1-10)

Secs. 11-133--11-139. Reserved.

ARTICLE VIII. RESERVED*

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*   Editors Note: Ord. No. 9816, § 8, adopted Feb. 24, 2003, repealed Art. VIII, §§ 11-140--11-145, and enacted similar provisions set out in new § 16-32. Former Art. VIII pertained to loud or unruly gatherings and derived from Ord. No. 8683, § 1, adopted May 6, 1996; Ord. No. 9041, § 1, adopted April 13, 1998. See the Code Comparative Table.

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Secs. 11-140--11-159. Reserved.

ARTICLE IX. RESERVED*

*   Editors Note: Ord. No. 11331, § 1, adopted Dec. 8, 2015, repealed Art. IX, §§ 11-160 – 11-160.3. Former Art. IX pertained to crimes on library grounds and derived from Ord. No. 8770, § 1, adopted Nov. 4, 1996. See the Code Comparative Table.

Secs. 11-160 – 11-160.3. Reserved.