(a) Indelible marker. Any felt tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface one-half inch or greater.
(b) Etching acid. Any liquid, cream, paste or similar substance that can be used to etch, carve, engrave, or otherwise impair the physical integrity of glass or metal.
(c) Minor. Any person under the age of eighteen (18) years.
(d) Person. Any retail establishment.
(2) Prohibited Conduct.
(a) No person shall sell or offer for sale, transfer or offer for transfer any etching acid.
(b) No person shall sell or offer for sale, transfer or offer for transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free access to the merchandise by the public.
(c) Sales to minors.
(.1) No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
(.2) No person shall sell or otherwise transfer any spray paint container or indelible marker unless:
(A) The purchaser or transferee shall have supplied photo identification as proof of lawful age.
(B) Any electronic scanner system, or other system deemed satisfactory to the Department, is programmed, or is in place to reject the sale unless a birth date is entered into a cash register or computer, or retained in a log in order to record the transaction.
(d) No minor shall, at the time of purchase of items specified in Section 9-618(2)(c), knowingly furnish fraudulent evidence of majority including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government.
(3) Enforcement. The Department of Licenses and Inspections shall enforce the provisions of this Section.
(a) Any person who violates the provisions of this Section or any minor who violates the provisions of Section 9-618(2)(d) shall be subject to a fine or penalty for a violation of a Class III offense, as set forth in Section 1-109(3) of the Code, and/or imprisonment not exceeding ninety (90) days.
(b) In addition to the penalties outlined in Section 9-105, the Department of Licenses and Inspections may revoke the commercial activity license.
In addition, the Department may confiscate the entire inventory of spray paint containers, indelible markers and etching acid from a business for a second or repeated violation of this Section. The business proprietor may reclaim the spray paint containers, indelible markers and etching acid upon payment of a three hundred (300) dollar confiscation fee.