68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 112

                         House Bill 2531

Sponsored by Representative BROWN (at the request of
  Foster-Powell Neighborhood Association, Mt. Scott-Arleta
  Neighborhood Association, Reed Neighborhood Association)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits sale of aerosol paint to, and purchase of aerosol
paint by, persons under 18 years of age without consent of parent
or guardian. Requires person under 18 years of age purchasing
aerosol paint to sign form. Directs retailers of aerosol paint to
store paint in area viewable by but not accessible to public.
Requires posting of sign describing when aerosol paint may be
sold to persons under 18 years of age. Imposes maximum $250 fine
for violation.

                        A BILL FOR AN ACT
Relating to aerosol paint sales.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person, except a parent or legal
guardian, shall not sell to another person, who is in fact under
18 years of age, any aerosol container of paint that is capable
of defacing property without first obtaining bona fide evidence
of consent for the person under 18 years of age to purchase the
aerosol container of paint. The evidence of consent shall be
provided by a parent or legal guardian of the person under 18
years of age.
  (2) A person under 18 years of age of age shall not purchase an
aerosol container of paint without providing bona fide evidence
of consent to purchase the aerosol container of paint. The
evidence of consent shall be provided by a parent or legal
guardian of the person under 18 years of age.
  (3) A person under 18 years of age who purchases an aerosol
container of paint with consent of a parent or legal guardian as
required under subsection (2) of this section shall, at the time
of purchase, sign a form provided by the person selling the
aerosol container of paint. The form shall identify the kind of
aerosol container of paint that was purchased. The person selling
the aerosol container shall retain the signed form for one year
following the sale. The forms may be inspected upon reasonable
notice by the Attorney General or any prosecuting attorney.
  (4) Any person who owns, conducts, operates or manages a retail
commercial establishment selling aerosol containers of paint
capable of defacing property shall store or cause the aerosol
paint containers to be stored in an area viewable by the public,
but not accessible to the public in the regular course of
business without employee assistance, pending legal sale or
disposition.
  (5) Any person who owns, conducts, operates or manages a retail
commercial establishment selling aerosol containers of paint
capable of defacing property shall post in a conspicuous place in
the place of business where aerosol containers of paint are sold
or offered for sale a sign stating that pursuant to this section,
aerosol containers of paint will not be sold to persons under 18
years of age without consent from a parent or legal guardian. The
sign shall also describe the penalty for violation of this
section and shall be printed in letters at least three-eighths of
an inch high.
  (6) A person who violates any provision of this section commits
a violation punishable by a fine of not more than $250. + }
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