(A) No person who owns, conducts, operates or manages a business where aerosol paint containers or broad tip markers are sold, nor any person who sells or offers for sale aerosol paint containers or broad tip markers, shall store or display, or cause to be stored or displayed, the aerosol spray paint containers and broad tip markers in an unlocked area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition. Storage in a locked cabinet or display case shall be considered compliant with these requirements.

(B) Nothing herein shall preclude the storage or display of aerosol paint containers and broad tip markers in an area viewable by the public so long as the items are not accessible to the public without employee assistance.

(C) A violation of this section is a Class 1 misdemeanor punishable pursuant to the City Code. A first offense shall be subject to a fine of not less than $500.00. A second offense within any 24-month period shall be subject to a fine of not less than $1,000. A third and subsequent offense within any 24-month period shall be subject to a fine of not less than $1,500. (Ord. 220 § 5, passed 1-26-2005; Ord. 287 § 2, passed 9-8-2010. Code 2012 §§ 91.39, 91.99(C)(3).)