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Bill No. 07087600.pdf
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City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 070876
Introduced October 18, 2007
Councilmembers Clarke, DiCicco, Blackwell, Greenlee, Kenney, Reynolds
Brown, Ramos, Krajewski, Tasco, Savage, Rizzo, Council President Verna,
Councilmembers Campbell, Goode, O'Neill, Miller and Kelly
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-618 of The Philadelphia Code, entitled "Sale of Spray Paint
Containers, Indelible Markers and Etching Acid," by requiring proof of lawful age prior
to any purchase of spray paint or indelible marker, by requiring sellers to make a record
of such age prior to any sale, and by requiring appropriate programming of electronic
equipment to ensure compliance, all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-618 of The Philadelphia Code is amended to read as follows:
* * *
§ 9-618. Sale of Spray Paint Containers, Indelible Markers and Etching Acid.
* * *
(2) License.
(a) No person shall sell or offer for sale, transfer or offer for transfer
any spray paint container or indelible marker unless that person has obtained a license
from the Department of Licenses and Inspections.
* * *
City of Philadelphia
BILL NO. 070876 continued
City of Philadelphia - 2 -
(d) No license shall be issued unless the applicant submits proof in form
satisfactory to the Department that (.1) any electronic scanner used by the applicant is
programmed to comply with the requirements of subsection (3)(c), regarding entry of
birth date of purchaser; and that, (.2) with respect to any applicant who makes any sales
other than by electronic scanner, the applicant has in place a system, satisfactory to the
Department, to ensure that no sales or transfers occur without compliance with
subsection (3)(c).
(3) Prohibited Conduct.
* * *
(c) Sales to minors.
(.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) The seller or transferee records the birth date of the
purchaser or transferee in a manner that will be preserved for inspection for at least one
year after the transaction.
(C) Any electronic scanner used by the seller or transferor
is programmed to reject the sale unless a birth date is entered into a cash register or
computer.
* * *
______________________
Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.