What's happening
This bill prohibits the sale of large or broad tip permanent marking pens to individuals under 18, requiring age verification at retail establishments.
Why it matters
Targets graffiti prevention. By restricting youth access to large or broad tip permanent markers, the bill aims to reduce instances of graffiti and vandalism—a common concern in urban areas—by limiting a tool frequently used for such activities.
Imposes responsibility on retailers. Retailers must actively verify the age of buyers and can be fined $250 per violation, creating a financial and procedural incentive for stores to enforce the law and train staff accordingly.
Defines broad retail scope. The law applies to any business selling these markers directly to the public, including pharmacies and grocery stores, ensuring comprehensive coverage and closing loopholes across various retail environments.
Allows for discretionary age checks with risk retention. While ID checks are not required for buyers who appear over 25, retailers remain liable if a sale is made to a minor—even if the buyer looked older—putting pressure on businesses to err on the side of caution.
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Who cares
Headline styles
Restrict Marker Sales to Minors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to economic development
- Referred to economic development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
753
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. M. G. MILLER -- read once and referred to the Committee on Economic Development
AN ACT to amend the general business law, in relation to restricting access to certain permanent marking pens
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 391-u to read as follows:
§ 391-u. Restricted access to retail sale of certain permanent marking pens. 1. No retail establishment offering for sale permanent large or broad tip marking pens, shall permit the sale of such products to persons under the age of eighteen. Retail establishments shall require proof of legal age for purchase of such products. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of large or broad tip permanent marking pens to an individual under eighteen years of age. Any retail establishment which violates the provisions of this section shall be subject to a fine of two hundred fifty dollars for each such violation.
2. As used in this section "retail establishment" means every vendor that in the regular course of business sells large or broad tip permanent marking pens at retail directly to the public including, but not limited to, pharmacies, grocery stores, and other retail stores.
§ 2. This act shall take effect immediately; provided, however, that the rules and regulations necessary to implement section one of this act shall be promulgated and take effect on or before the one hundred eightieth day after this act shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03113-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.