(A) Unlawful. It shall be unlawful for any person, individually or within a business establishment located within the corporate limits to knowingly openly display or to suffer or permit the open display of any book, pamphlet, magazine, newspaper, poster, video or pictorial advertising material of any kind which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such materials. It is unlawful to sell or offer to sell, to rent or offer to rent, those materials to minors.
(B) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARMFUL TO MINORS. Any description, exhibition, representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when the material or performance, taken as a whole, has the following characteristics:
(a) The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(b) The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sado-masochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(c) The material or performance lacks serious literary, scientific, or artistic content.
(C) Requirements for display.
(1) As utilized herein, the term OPEN DISPLAY shall mean the exhibit of merchandise for sale in such manner as to allow:
(a) The cover or contents to be readily viewed or observed by minors; or
(b) The merchandise to be readily grasped or taken into the custody of minors for observation, browsing or selection.
(2) It shall be a defense to prosecution hereunder that such “harmful to minors” material was displayed:
(a) Behind an opaque cover or posterboard in such manner as to conceal the cover and any depictions described in division (C)(1)(a) above such as through the use of devices commonly known as blinder racks; and
(b) Behind a counter or other structure or in a separate room of the facility, outside of the reach of minors.
(D) Persons responsible. The term PERSON as utilized in this section shall include the owner, manager, cashier, clerk or other person having custody, control or supervision of the business establishment.
(E) Penalty. Any person found guilty of violating this section shall be punished by a fine not to exceed $200 for each occurrence.
(Ord. 88-1, passed 6-21-1988)