S T A T E O F N E W Y O R K
________________________________________________________________________
2332
2009-2010 Regular Sessions
I N S E N A T E
February 18, 2009
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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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09388-01-9