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Title 6 — BUSINESS LICENSES AND REGULATIONS

Chapter 6.74 — REGULATION OF SPRAY PAINT CONTAINERS AND MARKER PENS

San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose

6.74.010 - Definitions.

For purposes of this chapter, the following phrases shall have the following meanings:

A.

"Spray paint containers" means any container, regardless of the material from which it is made, that is made for or adapted to the purpose of spraying paint or any other solution capable of defacing property which cannot be removed with water after it dries.

B.

"Marker pens" means any indelible marker or similar implement with a writing tip exceeding four millimeters in width that contains a solution which cannot be removed with water after it dries.

(Ord. 24348.)

Exceptions & meaning →

6.74.020 - Storage and display of spray paint containers and marker pens.

A.

It shall be unlawful for any person who owns, conducts, operates or manages a commercial, retail or wholesale establishment where spray paint containers or marker pens are sold to store or display, or cause to be stored or displayed, such spray paint containers and marker pens in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.

B.

Nothing herein shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance.

(Ord. 24348.)

Exceptions & meaning →

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