SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 853

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO GRAFFITI; REQUIRING RETAILERS TO CONTROL ACCESS TO AEROSOL PAINTS AND PERMANENT MARKERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. RETAIL SALE OF AEROSOL PAINT AND PERMANENT MARKERS--CONTROLLED ACCESS.--A retailer that sells aerosol paint or permanent markers with a writing surface of three-eighths inch or greater shall control access to the aerosol paint cans or permanent markers by displaying such products:

          A. in a place that is in the line of sight of a cashier or in the line of sight of a work station normally continuously occupied during business hours;

          B. in a manner that makes the aerosol paint or markers accessible to a patron of the business establishment only with the assistance of an employee of the establishment; or

          C. in an area electronically protected or viewed by surveillance equipment that is monitored during business hours.

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