Miami-Dade County Guide to Responsible Retailing
This guide is intended to provide basic instruction on implementing Responsible Retailing, to answer your questions on the program and on the graffiti problem, and to help you respond to those of your employees and customers regarding Miami-Dade County's Responsible Retailer Program.
Produced in the public interest by Miami-Dade County, Team Metro & the National Council to Prevent Delinquency
What is Responsible Retailing?
Why is Responsible Retailing Important?
How Do I Become a Responsible Retailer?
How Do I Implement Responsible Retailing?
Will My Involvement Be Good For Business?
What is Responsible Retailing?
"Responsible Retailing" is a combination of in-store activities designed to reduce retail theft of potential graffiti tools and to prohibit the sale of spray paint and broad-tipped markers to customers under the age of 18. It includes employee education, the strategic placement of signs at display and check-out points, and the prudent display of spray paint and markers to prevent shoplifting by vandals.
Why is Responsible Retailing Important?
Over the past several months, graffiti vandalism has increased in Miami-Dade County. Team Metro, many non-profit agencies, private citizens and private clean-up programs are working hard to repair the damage caused by these graffiti vandals (also known as "taggers"). According to law enforcement sources, many taggers claim to have stolen the tools used in their crimes. They often boast of this "racking" and comment on how easy it is to accomplish. While every retailer expects some "shrinkage" in inventory, spray paint and markers present a unique problem. A theft represents not only the cost of the product, but in the hands of a graffiti vandal, also hundreds of dollars in private or public property damage.
Graffiti vandalism costs Miami-Dade County and our residents hundreds of thousands of dollars each year. Responsible Retailing is a direct and practical response to this dilemma. It complies fully with the county ordinance intended to deprive taggers of the legitimate products they misuse to commit their crimes. Further, the program helps educate retail employees and step up internal security with a minimum of disruption to legitimate adult customers. By becoming Miami-Dade County Responsible Retailers, participating stores reduce the potential for shoplifting and illegal purchase, while demonstrating an active concern for the problems of the community in which they do business.
How Do I Become a Responsible Retailer?
Becoming a Responsible Retailer is simple. The partnership asks that you help in three specific ways:
- Make your staff aware of the local law banning the sale of spray paint and broad-tipped markers to minors and the potential for shoplifting of these products. (See "A Request to Our Employees" attached.)
- Post signs at paint and marker display area(s) stating penalties for graffiti vandalism. At check-out area(s), post sign(s) stating penalties for illegal sale to minors. You will be provided with an additional sign for your store's entry announcing your participation in this program and your intent to prosecute shoplifters. All signs are provided free of cost and comply with the signage requirements of the Miami-Dade County ordinance.
- Assure that spray paint and broad-tipped markers are in clear view of store personnel or displayed so as to make them inaccessible to customers without employee assistance. (See Step Three: How do I Implement Responsible Retailing?)
How Do the Signs Help?
The two signs (specified by ordinance) placed inside the store serve to educate customers on the no-sale-to-minors law and to warn graffiti vandals, particularly juveniles, of the penalties for graffiti crimes. The (voluntary) entryway sign informs customers and neighbors that your store is a partner in the war on graffiti. The signs give fair warning to those wanting to steal or illegally purchase potential graffiti tools.
How Do I Implement Responsible Retailing?
Implementation is as easy as 1-2-3.
Step One: Inform Your Employees
This can be accomplished in a staff meeting, through a pay-envelope stuffer or in individual discussions. The attached "Request To Our Employees" can be posted on employee bulletin boards and/or photocopied and distributed to all sales floor and check-out personnel.
Step Two: Post the Signs
Place a sign in clear public view at or near the display of such products stating:
GRAFFITI IS A CRIME
Any person defacing real or personal property not his or her own with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 60 days and/or a fine up to $1,000.00.
Place a sign in the direct view of persons responsible for accepting customer payment for spray paint or broad-tipped markers stating:
NO SPRAY PAINT SALE TO MINORS
It is a violation of the law to sell aerosol containers of spray paint or broad-tipped indelible markers to persons under 18 years of age punishable by a civil fine of $100.00.
At or near a main customer entryway, place the sign stating:
MEMBER, MIAMI-DADE COUNTY RESPONSIBLE RETAILER PROGRAM
We do not sell spray paint or markers to minors. We prosecute shoplifters of all ages.
Note: If your store uses electronic check-out equipment which reads universal product(bar) codes, you can further assure compliance with the ban on sale to minors by programming into your system a "prompt," triggered by the scan of a spray paint or wide-tipped marker code, warning the operator of the age requirement for purchasing these items and stating the acceptable proofs of age -- federal, state or local government-issued identification only.
Step Three: Arrange the Display
For most retailers, the first option, line-of-sight display, will be sufficient to deter theft. If your location, store layout or personnel picture indicate a very high potential for small item theft, the more restrictive option might be required. The purpose of these display standards is not to dictate your store layout, but to assure that these small, easily concealed items are displayed and observed in a fashion that deters theft by vandals. You are the best judge of how that is achieved.
- Display paint or markers in the line-of-sight from the cash register or any other work station that is normally continuously occupied while the store is open to the public, or
- Display such paint or markers so as to make them inaccessible to a customer without assistance from a store employee (behind the counter, in cases, etc.).
In addition to prudent display, you can also reduce the potential for theft by taking other basic measures. Among these are:Tagger crews will typically post one member as lookout, while another loads spray paint into baggy clothes or a backpack, and a third diverts the attention of store employees. By limiting the number of youths in the store at any one time and banning or requiring inspection of backpacks and other containers, you will make such tactics unworkable. Finally, applying a little logic can greatly reduce the time and attention young potential thieves will require in the store. In Miami-Dade County, minors can't buy spray paint. It's against the law. Therefore, minors unaccompanied by adults have no legitimate business at the spray paint display and can be asked to leave that area.
- Limiting the number of unaccompanied juveniles allowed in your store at any one time; and
- Prohibiting the carrying of or requiring inspection of backpacks, parcels or other containers carried into the store's display areas.
Call the Miami-Dade County Graffiti Coordinator at (305) 375-4049 with any questions on the program or the Prosecution Division of the County Attorney's Office at (305) 375-5151 with any questions on the law.
Why Should I Participate?
Your participation in this partnership not only complies with the law, but also sends a message to your customers and to your neighbors that you care about the community's problems and are willing to take an active role in solving them.
Will My Involvement Be Good For Business?
If graffiti vandals are to be believed, your participation in the Responsible Retailer Program could eliminate one significant source of products used in acts of graffiti vandalism. Of specific importance to your business, participation will also serve to reduce loss-by-shoplifting or "shrinkage" of these products and, thereby, improve your bottom-line.
Why Go To All This Trouble?
The answer may surprise you. In the case of spray paint, for example, we know that:Restricted access or not stocking these products has a strong negative impact on retail trafficand income. Stores operating under "lock-up" laws (no direct customer access) report losses in spray paint and related sales of more than one-third. If your store's layout or location present special security problems, by all means do what you believe necessary to meet them. But, for most stores, Responsible Retailing will provide the awareness and security necessary to prevent illegal access to products by graffiti vandals and to retain and improve legitimate business, while fully complying with the local law.
- The average household buys more than one can of spray paint per person per year.
- The amount spent on other items purchased along with spray paint, such as masking tape and sandpaper, almost always equals or exceeds that of the paint purchase.
- In most stores, aerosol paint ranks among the top 10 or 12 items in profit-per-foot of display space.
- Spray paints and markers, like other items frequently needed for small home, shop, or business tasks, are great traffic builders.
Thank you for helping to keep Miami-Dade County clean and safe from graffiti vandals.
Graffiti and Citizen Safety
Many citizens are concerned about their safety when confronted with the blight of graffiti. Following are some of the most frequently asked questions and their answers.
Q. What are the main differences between tagger graffiti and gang graffiti?
A. Tagging is a part of a growing gang-like subculture. Taggers thrive on placing their tags on as many and as prominent locations as possible. The objective of tagging is peer recognition; the tagger gains more notoriety through the number of sites marked and the length of time the tag is allowed to remain. Taggers have started to mimic gangs by becoming increasingly violent. Besides stealing materials they use to tag, many vandals have started to carry weapons to defend their graffiti from rival tagging crews. This alarming new phenomenon is called "tag banging." Gang graffiti is usually limited to the borders of a specific home turf claimed by a gang. It is used primarily as a warning to other gangsters to stay out of the territory. Gang graffiti may also be used for boasting of crimes committed or of the weapons a gang carries.
Q. Will a tagger/gangster come after me if we clean up graffiti on our property?
A. Gangs are capable of anything, including retaliation for someone cleaning up their graffiti. However, reports of property owners becoming victims of additional crimes as a result of removing graffiti from their property are rare. Although threats have been communicated to citizens who have coordinated successful efforts to remove graffiti, to date, there have been no incidents in Miami-Dade County of violence towards citizens who have abated graffiti. Police strongly urge citizens not to challenge graffiti vandals. If a citizen observes this activity in progress, he or she should call Crimestoppers immediately at (305) 471-TIPS.
Q. If I see a tagger, should I hold him under citizen arrest?
A. No. Florida law does not provide for citizen arrest. A tagger may look like the typical 13-year old from down the street, but he may also be carrying a weapon of one sort or another. If you see vandalism in progress, get a good description of the suspect(s), clothing and physical description, and vehicle(s) make, color, model, and tag number, if possible, and the exact location of the crime. Then call Crimestoppers immediately at (305) 471-TIPS. This will provide the police with the information needed and will aid in the safe apprehension of suspects. You will remain anonymous.
Q. Can the gangsters, taggers, or property owners find out if I report graffiti?
A. All calls to the Crimestoppers TIPS line are completely confidential; no information on the reporting party is ever provided to the public.
Q. I'm still concerned about violence occurring when I am removing graffiti. Is there anything I can do to feel safer?
A. Yes! Organize others to join you in removing graffiti. There is safety and confidence in numbers. Neighbors, youth groups, church groups and civic organizations will often be willing to help. Or, you can join an established graffiti paint-out group. The County's Graffiti Removal Coordinator can refer you to a neighborhood organization or can assist you in getting one started. If you are concerned about safety, request that a police officer from your nearest precinct be made aware of when and where your group is abating graffiti. Call the office at (305) 375-4049.
Q. What are the most effective strategies for graffiti removal and for keeping property clean?
A. Persistent removal of graffiti when it first appears is a must! This sends a clear message that citizens care about their neighborhood and will not passively allow gangs or taggers to claim it. Install good lighting on walls and fences vulnerable to graffiti. Plant shrubs or climbing vines to restrict access to graffiti prone areas. Plants with thorns or strong scents are especially useful deterrents. Finally, encourage your neighbors to watch for and report graffiti vandals. Call Crimestoppers at (305) 471-TIPS to report vandalism in progress, or call the 24-hour Graffiti Hotline at (305) 375-3461 to report graffiti in your neighborhood. If you're a victim of graffiti, call the Miami-Dade Police Station in your neighborhood and file a police report, photograph the graffiti, and record the date it appeared, as well as any clean-up costs. The police will be able to give you more information concerning prosecution procedures when the report is investigated.
Please join us as we work together to keep our neighborhoods clean. If you have any questions, please call the Graffiti Removal Coordinator at (305) 375-4049 or the 24-hour Graffiti Hotline at (305) 375-3461.
Responsible Retailer Program
Over the past several months, graffiti vandalism has grown across Miami-Dade County, costing thousands upon thousands of dollars annually. Many individuals, citizens and community-based groups are working to stop the vandals and repair the damage they are causing. Law enforcement personnel, helping in these efforts, report that many graffiti vandals claim to have stolen or ³racked² the paint or markers used in their crimes. Young vandals also claim that they have no problem buying spray paint and wide-tipped markers from retail stores. Miami-Dade County¹s law, restricting the sale and display of spray paint and broad-tipped markers, was enacted in response to these claims.
The Responsible Retailer Program provides stores with efficient ways to comply with the law and deprive graffiti vandals of the products they misuse to commit property crimes, with minimal obstruction of legitimate sales to customers of adult age. The Responsible Retailer Program is a combination of in-store activities designed to block retail theft of potential graffiti tools and to stop the illegal sale of spray paint and broad-tipped markers to customers under the age of 18. It includes the training of store employees, the strategic placement of signs at display and check-out points, and the prudent display of spray paint and markers. Through a new awareness and strengthened self-policing, retailers can constrict the flow of these products into the hands of those who use them in graffiti crimes.
Further, by joining Miami-Dade County's Responsible Retailer Program, participating retailers can curtail costly shoplifting from their stores while demonstrating both a respect for the law and an active concern for the problems of the community in which they do business.
There are a number of ways that citizen volunteers can help retailers combat the problem:If you would like to volunteer for this program, or have any questions, please call Miami-Dade County's Graffiti Removal Coordinator at (305) 375-4049 or the 24-hour Graffiti Hotline at (305) 375-3461.
- Help Miami-Dade County's Graffiti Removal Coordinator identify all retailers who sell spray paint or markers so that they may be invited to participate in the Responsible Retailer Program.
- Distribute written materials explaining the program to appropriate retailers.
- Actively encourage participation in the program by personally contacting retailers who have not yet joined, and by supporting participating retailers with your business dollars.
- Notify the police department of violations of the "no sale to minors" law.