City of Philadelphia - File #: 070876

• File #: 070876
• Version: 1
• Type: Bill
• Status: ENACTED
• File created: 10/18/2007
• In control: Committee on Licenses and Inspections
• Title: 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.
• Sponsors: Councilmember Clarke, Councilmember DiCicco, Councilmember Blackwell, Councilmember Greenlee, Councilmember Kenney, Councilmember Reynolds Brown, Councilmember Ramos, Councilmember Krajewski, Councilmember Tasco, Councilmember Tasco, Councilmember Savage, Councilmember Rizzo, Council President Verna, Council President Verna, Councilmember Campbell, Councilmember Goode, Councilmember Goode, Councilmember O'Neill, Councilmember Miller, Councilmember Kelly
• Code sections: 9-618 - Sale of Spray Paint Containers

Date	Ver.	Action By	Action	Result	Tally
12/21/2007	1	MAYOR	SIGNED
12/13/2007	0	CITY COUNCIL	PASSED	Pass	17:0
12/13/2007	0	CITY COUNCIL	PASSED	Pass	17:0
12/13/2007	1	CITY COUNCIL	READ
12/6/2007	1	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
12/6/2007	1	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
12/6/2007	1	CITY COUNCIL	ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR
12/5/2007	0	Committee on Licenses and Inspections	HEARING NOTICES SENT
12/5/2007	0	Committee on Licenses and Inspections	HEARING NOTICES SENT
12/5/2007	1	Committee on Licenses and Inspections	REPORTED FAVORABLY
12/5/2007	0	Committee on Licenses and Inspections	HEARING HELD
12/5/2007	0	Committee on Licenses and Inspections	HEARING HELD
12/5/2007	0	Committee on Licenses and Inspections	AMENDED
12/5/2007	0	Committee on Licenses and Inspections	AMENDED
10/18/2007	0	CITY COUNCIL	Referred
10/18/2007	0	CITY COUNCIL	Referred
10/18/2007	0	CITY COUNCIL	Introduced	Pass
10/18/2007	0	CITY COUNCIL	Introduced	Pass

Title
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.
Body
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.

* * *

(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) Any electronic...