5-9-3: MINORS:

   A.   No sexual activities shall be engaged in or displayed in any commercial establishment frequented by minors or within six hundred feet (600') of the boundary line of a property on which an establishment frequented by minors is located.

   B.   No one shall display their genital area or the buttocks of a male or female or the breast of a female in the public view for a fee or the entertainment of a group of two (2) or more observers or at any commercial establishment frequented by minors or within six hundred feet (600') of the boundary line of a property on which an establishment frequented by minors is located. (Ord. 1984-11-20, 11-20-1984; amd. Ord. 31-10-01, 10-16-2001)

   C.   Respecting the exhibition, provision or promotion of any harmful material and/or devices, it is a defense to prosecution under this section that:

      1.   The exhibition, provision or promotion was by a person having scientific, educational, government or other similar justification; or

      2.   The exhibition, provision or promotion was to a minor who was accompanied by a consenting parent, guardian or spouse; or

      3.   The exhibition, provision or promotion was by a person who did not know or could not have reasonably known or ascertained that the person to whom said transaction was directed was a minor.

   D.   Respecting the exhibition, provision or promotion of any harmful material and/or devices, it is a violation of this chapter if a person falsely represents that he is the consenting parent, guardian or spouse of a minor. (Ord. 1984-11-20, 11-20-1984)

5-9-4: PROHIBITED ACTS AND CONDITIONS:

A person commits a violation of this chapter if knowing its content and character is harmful or obscene:

   A.   He exhibits, provides or promotes, whether or not for wholesale, any harmful or obscene material or device to another person; or

   B.   He exhibits any harmful or obscene material or device in a place where a minor might reasonably be expected to be present or invited as a part of the general public and observe, notice or otherwise view said exhibitions; or

   C.   He attempts to do or accomplish any of the acts prohibited in subsection A or B of this section. (Ord. 1984-11-20, 11-20-1984)

5-9-5: PERMITS AND LICENSES RESTRICTED:

No permit or conditional use permit or other license shall be granted by the city to anyone in violation of this chapter. Any permit, conditional use permit or license theretofore granted by the city shall be terminated upon the determination that such party is in violation of this chapter by any court, whether it is a record court or not. In the event of an appeal of such determination, this provision will be suspended only upon the posting of a twenty five thousand dollar ($25,000.00) surety bond with the city secretary, conditioned upon a final determination that such person was not in violation of this chapter. (Ord. 1984-11-20, 11-20-1984)

5-9-6: PENALTY:

A person violating this chapter shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code. (Ord. 1984-11-20, 11-20-1984; amd. 1994 Code)