(A) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
AVAILABLE TO THE PUBLIC. The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
DISSEMINATE. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and the content of the material.
MATERIAL. Any book, magazine, newspaper or other printed or written material, any picture, drawing, photograph, motion picture or other pictorial representation, any statue or other figure, any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully-opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE. To the average person applying contemporary community standards:
(a) The predominant appeal of the matter, taken as a whole, is to prurient interests, such as a shameful or morbid interest in sexual conduct, nudity or excretion;
(b) The matter depicts or describes in a patently-offensive manner sexual conduct regulated by 21 O.S.; and
(c) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE. Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE. To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages, including, but not limited to, hosting and hostessing, hat-checking, cooking, bartending, serving, table setting and clearing, waitering and waitressing and entertaining.
(Prior Code, § 10-410)
(B) Prohibited obscene conduct.
(1) It is unlawful for any person to:
(a) Knowingly disseminate, sell, offer for sale, publish, display, distribute, make available to the public or buy any obscene material;
(b) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity or exhibition utilizing displays, circulars, advertisements and other public sales efforts which promote such commerce primarily on the basis of their prurient appeal;
(c) Knowingly engage or participate in any obscene performance made available to the public;
(d) Provide service to patrons in such a manner so as to expose to public view:
1. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
2. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
3. Any portion of the female breast at or below the areola thereof.
(e) Knowingly promote the commission of any of the above-listed unlawful acts.
(2) Each complete or partial display or other material exhibition of any motion picture film or other material shall be deemed to constitute a separate offense. The provisions of this section shall not apply to a projectionist, assistant projectionist, usher or cashier, provided that such person has no financial interest in the motion picture theater and so long as that person is not acting as director or manager of the theater.
(Prior Code, § 10-411)
Penalty, see § 132.99