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(1) Definitions.
(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.
(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.
(.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. 907
(d) No minor shall, at the time of purchase of items specified in subsection 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. 908
(3) Enforcement. 909 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 subsection 9-618(2)(d) shall be subject to a fine or penalty for a violation of a Class III offense, as set forth in subsection 1-109(3) of the Code, and/or imprisonment not exceeding ninety (90) days. 911
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 dollar ($300) confiscation fee.
Notes
904 | Added, 1983 Ordinances, p. 1372 (Note: Enrolled Bill No. 1741-A (approved October 12, 1983) erroneously numbered this as Section 9-617; cross-references have been renumbered.); amended by deleting subsection (4), 1990 Ordinances, p. 715; amended, Bill No. 010555 (approved November 2, 2001); amended, Bill No. 040907 (approved January 25, 2005). |
905 | |
906 | Amended, Bill No. 070876 (approved December 21, 2007). |
907 | Amended, Bill No. 090777-A (approved February 17, 2010). |
908 | Amended, Bill No. 090777-A (approved February 17, 2010). |
909 | Renumbered, 1993 Ordinances, p. 483; renumbered, Bill No. 090777-A (approved February 17, 2010). |
910 | |
911 | Amended, Bill No. 070876 (approved December 21, 2007). |
912 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
(1) Definitions.
(a) Merchandise. Any objects, wares, goods, commodities, or any other tangible items offered, directly or indirectly, to the public for sale.
(b) Proof of Purchase. A receipt, bill, credit card slip, or any other form of evidence which constitutes reasonable proof of purchase.
(c) Retail Mercantile Establishment. Any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.
(2) Posting of Signs. Every retail mercantile establishment shall conspicuously post its refund policy as to all merchandise on a sign in at least one of the following locations:
(a) Attached to the item itself; or
(b) Affixed to each cash register or point of sale so situated as to be 914 clearly visible to the buyer; or
(c) Posted at each store entrance used by the public.
(3) Content of Signs. Any sign required by subsection 9-619(2) to be posted in retail mercantile establishments, shall state whether or not it is a policy of such establishment to give refunds and, if so, under what conditions, including but not limited to whether a refund will be given:
(a) on merchandise which has been advertised as "sale" merchandise or marked "as is":
(b) on merchandise for which no proof of purchase exists;
(c) at any time or not beyond a point in time specified; or
(d) in cash, or as credit or store credit only.
(4) Exceptions.
(a) This Section shall not apply to sales of motor vehicles or perishables and incidentals to such perishables, or to custom ordered, and/or custom finished merchandise, or merchandise not returnable by law. 915
(b) The provisions of this Section shall not apply to any retail establishment that maintains or adopts a policy of providing a cash refund for a cash purchase, or providing a cash refund or issuing a credit for a credit purchase, which credit is applied to the account originally debited for the purchase, when the return of any of its unused and undamaged merchandise is made within twenty (20) days of the purchase date. 916
(5) Rules and Regulations. The Department of Licenses and Inspections is hereby charged with the enforcement of the provisions of this Section and is hereby authorized to promulgate and enforce necessary rules and regulations consistent with the provisions of this Section.
(6) Penalties. Any person who violates the provisions of this Section shall be subject to a fine or penalty not less than fifty dollars ($50) nor more than three hundred dollars ($300), plus a minimum of fifty dollars ($50) for each day the violation continues, and/or imprisonment not exceeding ninety (90) days.
Notes
913 | Added, 1986 Ordinances, p. 31. |
914 | Enrolled Bill No. 405 omitted the word "be". 1986 Ordinances, p. 31. |
915 | Amended, 1987 Ordinances, p. 1508. |
916 | Added, 1987 Ordinances, p. 1508. |
(1) Prohibited Sale or Installation. No person shall install, sell or transfer ownership of, or offer to install, sell or transfer ownership of any audible anti-theft alarm device that can be installed in a motor vehicle unless that alarm device is of a type:
(a) capable of, and programmed to, automatically terminate the sounding of its audible alarm with five (5) minutes of its being activated, and
(b) not capable of, nor programmed to, be sounded without direct physical contact with any motor vehicle on which it has been or is to be installed.
(2) Prohibited Modification. No person shall modify or offer to modify an audible anti-theft alarm device after it has been installed on a motor vehicle, or that is to be installed in a motor vehicle, so that the alarm device may be sounded without directed physical contact with the motor vehicle or so that the alarm device will not automatically terminate its sounding within five (5) minutes of its being activated.
(3) Penalties. Any person who violates any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) or imprisonment of not more than thirty (30) days, or both. Each prohibited installation, sale, transfer or modification, or offer to install, sell, transfer or modify, shall be deemed a separate violation for which a separate penalty may be imposed.
Notes
917 | Added, Bill No. 518 (approved March 29, 1995), 1995 Ordinances, p. 156. |
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