Bill S2332-2009

Authorizes municipal regulation of the sale of aerosol paint cans and broad tipped indelible markers

Authorizes municipal regulation of the sale of aerosol paint cans and broad tipped indelible markers through the issuance of licenses and permits in order to limit the amount of vandalism caused by graffiti.

Details

Actions

  • Jan 6, 2010: REFERRED TO CONSUMER PROTECTION
  • Feb 18, 2009: REFERRED TO CONSUMER PROTECTION

Memo

 BILL NUMBER:  S2332

TITLE OF BILL : An act to amend the general business law, in relation to the licensing of sellers of aerosol spray paint cans and broad tipped indelible markers

PURPOSE : Despite past measures designed to limit the amount of vandalism caused by graffiti, many communities in New York State continue to experience such damage. The explosion in graffiti vandalism in the last few years has contributed to an increase in urban blight. By prohibiting the sale of aerosol spray paint cans and broad tip indelible markers (two commonly used graffiti items), except by those licensed to sell them, local governments will be better able to curb the spread of graffiti.

SUMMARY OF PROVISIONS : This measure would empower local governments (counties, cities, towns, villages) to enact laws specifically forbidding the sale of aerosol paint cans and broad tip indelible markers without a specific permit or license.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : This bill would add a new Article 39-DDD to the General Business Law.

JUSTIFICATION : While recognizing that there are legitimate uses of aerosol spray paint cans and broad tip indelible markers, they are also the items most commonly used to vandalize public and private property with graffiti. Under this bill, store owners who illegally sell aerosol spray paint cans and broad tip indelible markers would be subject to having their license to sell these items revoked. Although this will not completely solve the problem, the establishment of a licensing system will give local governments a new options to better regulate those items most often used to deface property.

PRIOR LEGISLATIVE HISTORY : 1991-92: A.7955-A/S.4750-A, 1993-94: A.9978/S.2078, 1995-96: A.1453/S.1039, 1997-98: S.1855/A.2742, 1999-2000: S.1806/A.5392,S.2848/A.5384 of 2001-02, S.2283/A.4959 of 2003-04; S.1139/A.1356 of 2005-06; S.2076/A.4017 of 2007-08.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2332 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________
Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the licensing of sellers of aerosol spray paint cans and broad tipped indelible markers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new article 39-DDD to read as follows: ARTICLE 39-DDD GRAFFITI PARAPHERNALIA SECTION 898. LICENSING OF SELLERS OF AEROSOL SPRAY PAINT CANS AND BROAD TIPPED INDELIBLE MARKERS. S 898. LICENSING OF SELLERS OF AEROSOL SPRAY PAINT CANS AND BROAD TIPPED INDELIBLE MARKERS. NOTWITHSTANDING ANY GENERAL OR LOCAL LAW TO THE CONTRARY, ANY COUNTY, CITY, TOWN OR VILLAGE MAY REGULATE THE SALE OF AEROSOL SPRAY PAINT CANS AND BROAD TIPPED INDELIBLE MARKERS WITHIN ITS BOUNDARIES THROUGH THE ISSUANCE OF LICENSES AND PERMITS THEREFOR. A COUNTY, CITY, TOWN OR VILLAGE WHICH ISSUES A LICENSE OR PERMIT AUTHORIZ- ING ANY PERSON, FIRM OR CORPORATION TO ENGAGE IN THE SELLING OR OFFERING FOR SALE OF ANY MERCHANDISE MAY REVOKE SUCH LICENSE OR PERMIT UPON A FINDING, PURSUANT TO A HEARING HELD THEREON, THAT SUCH PERSON, FIRM OR CORPORATION HAS SOLD OR OFFERED FOR SALE AEROSOL SPRAY PAINT CANS OR BROAD TIPPED INDELIBLE MARKERS WITHOUT OR IN VIOLATION OF THE TERMS OF A LICENSE OR PERMIT SPECIFICALLY AUTHORIZING SUCH SALE. S 2. This act shall take effect immediately.

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