(A) No person other than a parent, guardian or other adult person acting in their place shall sell or otherwise provide aerosol spray paint or glass etching cream to any person under 18 years of age and no person under the age of 18 years shall buy or attempt to buy any aerosol spray paint or glass etching cream. A New Mexico driver's license, an identification card issued to a member of the Armed Forces, or an identity card issued pursuant to Section 60-10-17 NMSA 1978 shall be prima facie proof of age.
(B) Every person who owns, manages or operates a place of business selling aerosol spray paint or glass etching cream shall store or cause such spray paint and glass etching cream to be stored either (1) in the line of sight of one or more work stations that are normally continuously occupied during business hours, or (2) in an area viewable by the public, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such spray paint or glass etching cream.
(C) Any person who owns, manages or operates a place of business wherein aerosol spray paint or glass etching cream is sold shall conspicuously post:
(1) At or near the aerosol spray paint or glass etching cream display, in clear public view, a sign stating: "GRAFFITI IS A CRIME. THE DEFACING OF PUBLIC OR PRIVATE PROPERTY IS PUNISHABLE BY A FINE OR IMPRISONMENT";
(2) At or near the aerosol spray paint or glass etching cream display, in clear public view, a sign stating: "NO SPRAY PAINT OR GLASS ETCHING CREAM SOLD TO MINORS. SELLING SPRAY PAINT OR GLASS ETCHING CREAM TO OR PURCHASE OF SPRAY PAINT OR GLASS ETCHING CREAM BY PERSONS UNDER 18 YEARS OF AGE IS AGAINST THE LAW. VIOLATORS CAN BE FINED UP TO $500 OR IMPRISONED FOR UP TO 90 DAYS"; and
(3) At each cash register or other point of customer payment, in clear view of the person accepting customer payment, a sign stating: "NO SPRAY PAINT OR GLASS ETCHING CREAM SOLD TO MINORS. THE LAW FORBIDS SELLING SPRAY PAINT OR GLASS ETCHING CREAM TO PERSONS UNDER 18 YEARS OF AGE. WHEN IN DOUBT, ASK FOR PROOF OF AGE. ACCEPT ONLY IDENTIFICATION ISSUED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT."
(D) As used in this article, "glass etching cream" shall mean any cream or solution containing sulfuric acid and ammonium bifluoride, or hydrofluoric acid, and is manufactured for the purpose of etching glass.
('74 Code, § 12-1-4-16) (Ord. 96-1973; Am. Ord. 32-1981; Am. Ord. 52-1995; Am. Ord. 57-2004) Penalty, see § 12-1-99