(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTOMER. Any person who purchases or acquires products from any retail store.
EPHEDRINE. Any drug, substance or compound, whether legal or illegal, that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, pseudoephedrine sulfate or phenylpropanolamine.
PACKAGE. Any bottle, box, blister pack or other container in which products containing ephedrine are sold.
PERMITTEE. A person who has obtained a permit to sell ephedrine to customers.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
RETAIL STORE. Any single geographic location of any business, company, corporation, person, employee or associate, that sells ephedrine to any customer. It does not include any wholesalers engaged in a wholesale transaction.
SELL. To furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether or not for monetary gain or other consideration.
WHOLESALER. One whose business is the selling of goods in gross to retail stores for purposes of resale.
(B) Permits. It shall be unlawful for any person to operate a retail store in the City of Brazil that does not possess a valid permit issued by the Clerk-Treasurer. The permit shall be posted in the establishment in a place conspicuous to the public.
(1) No permit is required for a prescription written by a licensed physician and/or a pharmacist providing the drugs for a prescription.
(2) An applicant may apply for a permit, at no cost, by submitting a completed application form to the Clerk-Treasurer's office.
(3) All permits issued by the Clerk-Treasurer's office shall contain the name of the retail store; name of the person to whom the permit is granted; the address of the retail store for which the permit is issued; and the inclusive dates the permit is valid, if other than for a calendar year.
(4) A permit issued to a retail store shall not be sold, assigned or transferred.
(5) Should any person fail to obtain a permit, the person shall be charged a $250 penalty.
(C) Limitations on the sale or purchase of ephedrine products.
(1) Each permittee shall require from its customer identification showing he or she is of legal age (18), a picture form of identification and current address. All information obtained on the customer shall be recorded in an appropriate manner and a copy of the report shall be forwarded to the Brazil City Police Department at the end of each calendar month by the permittee.
(2) It is unlawful for any person or permittee during a single transaction to sell to a customer more than 2 packages of products containing ephedrine.
(3) It is unlawful for any customer to purchase or acquire more than 2 packages of products containing ephedrine within a 7-day period.
(D) Exclusions. This section excludes any prescription written by a licensed physician and a pharmacist providing the drugs for a prescription.
(E) Separate violations of each incident. Each offense shall be considered a separate offense and subject to a fine. Each 24 hours that a violation occurs will be considered a separate offense and can be cited as so.
(F) Penalty. Whoever violates any provision of this section shall be fined $500. Each day the violation is committed or permitted to continue shall constitute a separate offense.
(Ord. 6-2005, passed 4-27-2005)
