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Home My WebLink AboutOrdinance 2234 - Enact Chapter 10.08 ORDINANCE NO. 2234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ENACTING REDDING MUNICIPAL CODE CHAPTER 10.08, LIMITS ON RETAIL SALES OF PRODUCTS CONTAINING EPHEDRINE AND PHENYLPROPANOLAMINE. The City Council of the City of Redding does ordain as follows: Section 1: Chapter 10.08 is added to Title 10 (Public Peace, Morals and Welfare), Chapter H (Offenses Against the Person), of the Redding Municipal Code, to read as follows: Title 10 PUBLIC PEACE, MORALS AND WELFARE II. Offenses Against the Person Chapter 10.08 LIMITS ON RETAIL SALES OF PRODUCTS CONTAINING EPHEDRINE AND PHENYLPROPANOLAMINE Sections: 10.08.010 Definitions 10.08.020 Unlawful Sale or Purchase of Ephedrine and Phenylpropanolamine Products 10.08.030 Penalties, Strict Liability, Prescriptions, Nuisances. 10.08.010 Definitions. Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions: A. "Code" means the Redding Municipal Code. B. "Count" means the number of pills, tablets, capsules, or individual units of a substance containing ephedrine or phenylpropanolamine. C. "Customer" means any person who is sold or acquires during a transaction products from any retail store. D. "Day" means calendar day. E. "Ephedrine" means any drug, substance, or compound that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate. F. "Phenylpropanolamine" means any drug, substance, or compound that contains phenylpropanolamine. G. "Package" means any bottle, box, blister pack, or other container in which products containing ephedrine or phenylpropanolamine are sold. H. "Person" means a corporation, copartnership, or association, as well as a natural person. I. "Retail Store" means any single geographic location of any business, company, corporation, person, employee, or associate that sells products to any customer. It does not include any wholesaler engaged in a wholesale transaction. J. "Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, whether for monetary gain or other consideration. K. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic, or manual transfer between accounts, or any other acquisition or disposition of property by whatever means effected. L. "Wholesaler" means a person whose business is the selling of goods in gross to retail stores for purposes of resale. 1.0.08.020 Unlawful Sale or Purchase of Ephedrine and Phenylpropanolamine Products. A. It is unlawful for any person during a single transaction to sell to a customer more than three packages of a product containing ephedrine or phenylpropanolamine. B. It is unlawful for any person during a single transaction to sell to a customer products containing ephedrine or phenylpropanolamine when the total count exceeds 100. C. It is unlawful for any customer on any single day to purchase or acquire more than three packages of a product containing ephedrine or phenylpropanolamine. D. It is unlawful for any customer on any single day to purchase or acquire a product containing ephedrine or phenylpropanolamine when the total count exceeds 100. 1.0.08.030 Penalties, Strict Liability, Prescriptions, Nuisances. A. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Section 1.12.010 of this Code. B. This chapter is a regulatory provision necessary for the protection of the public health, welfare, and safety. C. The provisions of this chapter shall not apply whenever a customer is sold ephedrine or phenylpropanolamine upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in the State of California. D. A violation of any provision of this chapter constitutes a public nuisance. 2 t Section 2: If any provision of this chapter or the application of any provision of this chapter is held invalid, that invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application; and to this end, the provisions of this chapter are expressly made severable. Section 3: This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 20th day of October, 1998; and was read and adopted at a regular meeting of the City Council on the 17th day of November , 1998, by the following vote: AYES: COUNCIL MEMBERS: Anderson, Cibula, Kight and McGeorge NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kehoe ABSTAIN: COUNCIL MEMBERS: None AVID A. 6E, May-or Attest: 94,r,W� ,a i,4 5��-,14 Connie Strohmayer, City,#erll Form Approved. W. Leonard Wingate, i Attorney 3 In the Superior Court of the State of California in and for the County of Shasta -------------------- CERTIFICATE OF PUBLICATION ---------- ORDINANCE NO.2234 AN ORDINANCE,OF THE CITY COUNCIL OF THE CITY OF BEDDING ENACTING-REDDING"'MUNICIPAL CODE CHAPTER No. 10.08,LIMITS ON RETAIL SALES OF PRODUCTS CONTAINING EPHEDRINE..AND PHENYLPROPANOLAMINE. 7�i The City"Council of the City-of-Redding'does•.ordain�as.follows:, V ,I hUbltC Notice Section 1:Chapter 10:08 is added to Title 10(Public Peace, Ordinance No. 2234 Morals and Welfare),Chapter 11(Offenses Against the Person), of the Redding Municipal Code,to read as follows: Title 10 ' PUBLIC PEACE,MORALS AND WELFARE. State of California 11.0ffenses Against the Person County of Shasta -= I hereby certify that the Record Searchlight is a PUZU QJ0 newspaper of general circulation within the provisions of the Government Code of the State of California, )WV printed and published in the City of Redding,County IS a�` of Shasta, State of California;that I am the principal �� clerk of the printer of said newspaper;that the notice of which the annexed clipping is a true printed copy was published in said newspaper on the following r ` •+® M• dates,to wit; ��auaa�uI si November 24, 1998 �' ;. :zaddouS au, ggo I certify under penalty of perjury that the forgoing , is true and correct,at Redding,California on the 24th day of November, 1998 ��auza�u aat.za •031J( Signature RECORD SEARCHLIGHT 1101 Twin View Blvd., Redding, California 96003 RECEIVED o E C o 21998 PUR. DEPT.