1167.19 DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.

   (a)   A person commits an offense if, in a business establishment open to persons under the age of eighteen (18) years, he displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:

      (1)   Human sexual intercourse, masturbation, or sodomy;

      (2)   Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;

(3)   Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or

(4)   Human male genitals in a discernibly turgid state, whether covered or uncovered.

   (b)   In this section “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

      (1)   It is available to the general public for handling and inspection; or

      (2)   The cover or outside packaging on the item is visible to members of the general public.

(Ord. 2000-143. Passed 6-26-00.)