(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARMFUL TO MINORS. That quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it:
(a) Predominantly appeals to the prurient, shameful or morbid interest of minors in sex;
(b) Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and
(c) Taken as a whole, lacks serious literary, artistic, political or scientific value.
KNOWINGLY. Having general knowledge or a reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both of:
(a) The character and content of any material which is reasonably susceptible of examination by the defendant; and
(b) The age of the minor, provided that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable, bona fide attempt to ascertain the true age of the minor.
MINOR. Any person under 18 years of age.
NUDITY. The showing of the human male or female genitals, pubic areas or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
SEXUAL CONDUCT. Any of the following depicted sexual conduct:
(a) Any act of sexual intercourse, actual or simulated, including genital-genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal;
(b) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restricted on the part of the one so clothed;
(c) Masturbation or lewd exhibitions of the genitals, including any explicit, close-up representation of a human genital organ;
(d) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification; or
(e) An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) No person shall knowingly sell or loan for monetary consideration to a minor any of the following:
(1) Any picture, photograph, drawing, sculpture, motion picture film, video tape or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sexual excitement and which is harmful to minors; or
(2) Any book, pamphlet, magazine or printed matter, however reproduced, or sound recording, which contains any matter enumerated in division (B)(1) hereof or which contains explicit and detailed verbal descriptions or narrative accounts of nudity, sexual excitement or sexual conduct and which, taken as a whole, is harmful to minors.
(C) No person shall knowingly exhibit for a monetary consideration to a minor, knowingly sell to a minor an admission ticket or pass or knowingly admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sexual excitement and which is harmful to minors.
(D) No person shall commercially and knowingly exhibit, display, sell, offer to sell, give away, circulate, distribute or attempt to distribute any material which is harmful to minors in its content in any place where minors are or may be present or allowed to be present and where minors are able to view the material, unless each item of the material is at all times kept in a sealed wrapper.
(E) No person shall commercially and knowingly exhibit, display, sell, offer to sell, give away, circulate, distribute or attempt to distribute any material whose cover or packaging, standing alone, is harmful to minors, in any place where minors are or may be present or allowed to be present and where minors are able to view the material, unless each item of the material is blocked from view by an opaque cover. The requirement of an opaque cover shall be deemed satisfied concerning the material if those portions of the cover or packaging containing the material harmful to minors are blocked from view by an opaque cover.
(F) This section shall not apply to the distribution, attempt to distribute, exhibition, display, sale, offer of sale, circulation or giving away of material harmful to minors where the material is sold, exhibited, displayed, offered for sale, given away, circulated, distributed or attempted to be distributed under circumstances where minors are not present, are not allowed to be present or are not able to view the material or the cover or packaging of the material. Any business may comply with this division by physically segregating the material in a manner so as to physically prohibit access to and view of the material by minors, by prominently posting at the entrance to the restricted area, “Adults Only – You Must Be 18 to Enter,” and by enforcing the restrictions.
(1999 Code, § 660.07) (Ord. 87-23, passed 5-12-1987)