For the purposes of this article, the following words and phrases
shall have the meaning respectively ascribed to them:
Any size container which contains paint under pressure which,
by pressing a button, emits the paint.
A person who has not yet attained the age of 18 years of
age.
Any individual, firm, partnership, corporation, company,
association, joint venture or any employee or agent thereof.
A.
It shall be unlawful for any person to sell, offer for sale, give
away or deliver any aerosol spray paint to any person under the age
of 18 years.
B.
If any person contemplating the sale of furnishing of aerosol spray
paint believes or has reason to believe that a sale or delivery of
aerosol spray paint is prohibited because the prospective recipient
is a minor, he shall, before making such a sale or delivery, demand
presentation of some form of positive identification, containing proof
of age.
A.
Every person engaged in the business of selling aerosol spray paint
shall at all times display signs informing the public of the age restriction
provided for herein. Each sign shall be plainly visible and shall
state:
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"THE SALE OF AEROSOL SPRAY PAINT TO PERSONS
UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW"
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B.
The text of such sign shall be at least one inch high.
It shall be unlawful for any person under the age of 18 years
to purchase any aerosol spray paint, or to misrepresent his or her
identity or age, or to use false or altered identification for the
purpose of purchasing aerosol spray paint.
It shall be unlawful for any person under the age of 18 years
to possess any aerosol spray paint, provided that possession by a
minor under the age of 18 years under the direct supervision of a
parent or legal guardian of such person in the privacy of the parent's
or guardian's home shall not be prohibited.
Every act or omission of any nature which constitutes a violation
of any of the provisions of this article by any officer, director,
manager or other agent or employee of any person owning a business
open to the public in the City of Mendota shall be deemed and held
to be the act of such owner; and such owner shall be punishable in
the same manner as if such act or omission had been done or omitted
by the owner personally.
Any person found to have violated any provision of this article
shall be fined not more than $50 for the first offense, and not more
than $100 for each subsequent occurrence.
