(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.

(2) License.^[574]

(a) No person shall sell or offer for sale, transfer or offer for transfer any spray paint container, indelible marker or etching acid unless that person has obtained a license from the Department of Licenses and Inspections.

(b) Application for such license shall be made on forms provided by the Department of Licenses and Inspections.

(c) The fee for such license is fifty (50) dollars.

(3) Prohibited Conduct:^[575]

(a) No person shall sell or offer for sale, transfer or offer to transfer any spray paint container, indelible marker or etching acid unless such spray paint container, indelible marker or etching acid 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.

(b) No person shall sell or otherwise transfer any spray paint container, indelible marker or etching acid to a minor, unless said minor is accompanied by parent or legal guardian at time of purchase or transfer.

(c) No minor shall, at the time of purchase of items specified in Section 9-618(3)(b), 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.

(4) Enforcement.^[576] The Department of Licenses and Inspections shall enforce the provisions of this Section.

(5) Penalties.^[577]

(a) Any person who violates the provisions of Section 9-618(3)(b) or any minor who violates the provisions of Section 9-618(3)(c) shall be subject to a fine or penalty not less than fifty (50) dollars nor more than three hundred (300) dollars 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 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 or for failure to obtain the license required in Section 9-618(2). The business proprietor may reclaim the spray paint containers, indelible markers and etching acid upon payment of a three hundred (300) dollar confiscation fee.