A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, or paint stick to any person under the age of eighteen (18) years without the written consent of the parents or guardian of the person.
B. Display and Storage.
1. Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad-tipped markers shall store the containers, sticks, or markers in an area continuously observable, through direct visual observation of surveillance equipment, by employees of the retail establishment during the regular course of business.
2. In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad-tipped markers in an area as provided in subsection (B)(1) of this section, the establishment shall store the containers, sticks, and markers in an area not accessible to the public in the regular course of business without employee assistance.
C. Signage Required. Every person who operates a retail commercial establishment selling graffiti implements shall:
1. Place a sign in clear, public view or near the display of such products stating: “Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 180 days and/or a fine up to $2,500.00.”
2. Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: “Selling spray paint, paint sticks, or broad-tipped markers to persons under 18 years of age is against the law and punishable by a fine of $2,500.00.” ((O)10-12, 10/20/2010)