CHAPTER 2
SPECIAL BUSINESS REGULATIONS
ARTICLE 7.1. NITROUS OXIDE
SECTION:
§2371 Sale Or Distribution Of Nitrous Oxide
§2370 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the meanings provided in this section unless the context clearly requires otherwise:
"Device" means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.
"Nitrous oxide" means a colorless, nonflammable gas (N2O) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also known as "laughing gas."
"Person" means any individual or entity howsoever organized or constituted.
"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or tobacco products. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered for exchange. (Ord. 1220, §2, adopted 2022)
§2371 SALE OR DISTRIBUTION OF NITROUS OXIDE
It shall be unlawful for any tobacco retailer in the City to attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide or a device. (Ord. 1220, §2, adopted 2022)
§2372 EXCEPTIONS
Prohibitions in this article shall not apply to any person or retailer that possesses or distributes nitrous oxide under an express exemption pursuant to Penal Code Sections 381b through e. (Ord. 1220, §2, adopted 2022)
§2373 ENFORCEMENT
Any violation of this article may be subject to a civil penalty of one thousand dollars ($1,000.00). Notice of the violation and fine will be given in accordance with subsection 2358A of this code. Any person wishing to appeal the imposition of the civil penalty may file a request for a hearing pursuant to section 2360 of this code. If no request for a hearing is timely received, the determination of the City Manager or the duly authorized designee of the City Manager on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) days after notice of the fine was served.
In addition to any other penalty authorized by law, a tobacco retailer’s license issued pursuant to Chapter 2, Article 7 of this division may be suspended or revoked if the City Manager or the duly authorized designee of the City Manager determines that the person or his or her agents or employees have violated this article. In the event that a tobacco retailer’s license is suspended or revoked for violation of this article, the requirements of subsection 2358A and section 2360 of this code shall apply. (Ord. 1220, §2, adopted 2022)