(A) Furnishing to Minors Prohibited. It shall be unlawful for any person to sell, give, or otherwise furnish any aerosol paint container, felt tip marker or graffiti stick to any minor without the consent of the minor's parent or legal guardian. Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence of majority in a transaction or sale shall be a defense to any criminal prosecution thereof.
(B) Signs required. Any person engaged in the retail sale of any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter within the city must display at the location of retail sale a sign clearly visible and legible to employees and customers in letters at least 3/8 of an inch high stating:
“It is unlawful for any person to sell or give to any individual under the age of 18 years any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter without obtaining prior written consent from the parent or legal guardian. Any person who creates graffiti or otherwise defaces property within the City of Indio violates state and local laws, which are punishable by a fine, imprisonment, or both.”
(C) Wrongful Display for Sale. No person, firm or entity engaged in commercial enterprise shall display for sale, trade or exchange, any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label or glass cutter except in an area to which public access shall be securely prevented without employee assistance. Two such acceptable methods for displaying such merchandise for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be affixed to a building or building structure and which shall remain locked at all times except during access by authorized representatives; or (2) an enclosed area behind a sales or service counter into which the public is prevented from entering.
(D) Liability for Wrongful Display. Any seller who displays any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter in violation of this chapter shall be personally liable for any and all graffiti removal costs associated with removing graffiti caused by such merchandise.
(Ord. 1153, passed 4-20-94)