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It shall be unlawful for any person knowingly to exhibit, sell, print, offer to sell, give away, circulate, publish, distribute, or attempt to distribute any obscene book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, play, image, instrument, statue, drawing, or other article which is obscene. Any person violating any provisions of this section shall be fined not less than $20.00 nor more than $200.00 for each offense.
Obscene for the purpose of this section is defined as follows: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interests.
(Prior code § 192-9)
It shall be unlawful for any person to sell, or to offer or to exhibit for sale, in sealed form, or in any form which indicates that the sale thereof is surreptitious or contrary to law, any book, pamphlet, or literature of any kind bearing the title of some well- known book of salacious character, or bearing the title of a book of which the sale is prohibited, or bearing the title of a book of which the contents are actually lewd, lascivious, obscene, immoral, or indecent. It shall likewise be unlawful to sell, or to offer or exhibit for sale, any book, pamphlet, or literature of any kind having anything about it which indicates that its contents are of an obscene, immoral, lewd, lascivious, or indecent character, or to sell, or to offer or exhibit for sale, any book, pamphlet, or literature of any kind under the guise or pretense that the same is obscene, immoral, lewd, lascivious, or indecent, or in a manner that indicates concealment of anything as contrary to law or immoral contained therein, or to use any pretense, trick, fraud, artifice, or device to convey the impression that such book, pamphlet, or literature is lewd, lascivious, indecent, obscene, or immoral, whether such pretense, trick, fraud, artifice or device is a misrepresentation in regard to the contents of the same or not.
(Prior code § 192-10)
A. For the purposes of this section the following words shall be defined as follows:
(a) "Minor" means any person under the age of 18 years.
(b) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
(c) "Sexual conduct" includes any of the following depicted sexual conduct:
(i) Any act of sexual intercourse, actual or simulated, including genital, anal-genital, or oral- genital intercourse, whether between human beings or between a human being and an animal;
(ii) 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 one so clothed;
(iii) Masturbation or lewd exhibitions of the genitals including any explicit, closeup representation of a human genital organ;
(iv) 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;
(v) 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.
(d) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(e) "Harmful to minors" means that quality of any description or representation in whatever form, or nudity, sexual conduct, or sexual excitement, when it:
(i) Predominantly appeals to the prurient, shameful, or morbid interest of minors in sex; and
(ii) Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and
(iii) Taken as a whole, lacks serious literary, artistic, political or scientific value.
(f) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both.
B. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor any written, photographic, printed, sound, published material or videotape, 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.
It is unlawful for any person commercially and knowingly to exhibit, display, sell, offer to sell, lend, give away, circulate, distribute, or attempt to distribute any written, photographic, printed, sound, published material or videotape which is harmful to minors in its context in any place where minors are or may be present or allowed to be present and where minors are able to view such material unless each item of such material is at all times kept in a sealed wrapper.
It is also unlawful for any person commercially and knowingly to exhibit, display, sell, offer to sell, give away, circulate, distribute, or attempt to distribute, any written, photographic, printed, sound, published material or videotape whose cover, covers, or packaging, standing alone, is harmful to minors, in any place where minors are to be present and where minors are able to view such material unless each item of such material is at all times blocked from view by an opaque cover. The requirement of an opaque cover shall be deemed satisfied concerning such material if those portions of the cover, covers, or packaging containing such material harmful to minors are blocked from view by an opaque cover.
The provisions of this subdivision shall not apply to distribution or attempt to distribute the exhibition, display, sale, offer of sale, circulation, giving away of material harmful to minors where such material is sold, exhibited, displayed, offered for sale, given away, circulated, distributed, or attempted to be distributed under circumstances where minors are not present, not allowed to be present, or are not able to view such material or the cover, covers, or packaging of such material. Any business may comply with the requirements of this clause by physically segregating such material in a manner so as to physically prohibit the access to and view of the material by minors, by prominently posting at the entrance(s) to such restricted area, "Adults Only – you must be 18 to enter", and by enforcing said restrictions.
(Prior code § 192-10.1; Amend Coun. J. 11-26-86, p. 37627; Amend Coun. J. 7-29-87, p. 2824)
8-8-120 Violation – Penalty for Section 8-8-110.
Any person violating any of the provisions of Section 8-8-110 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than $100.00 nor more than $200.00 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one written, photographic, printed, sound, published material or videotape shall knowingly be sold, lent, displayed, offered to be sold, given away, circulated, distributed or in any way furnished or attempted to be furnished to any such person in violation of Section 8-8-110, the sale, loan, display, offer to sell, giving away, circulation, distribution or in any way furnishing or attempting to furnish to any such person of each separate written, photographic, printed, sound, published material or videotape shall constitute a separate offense and shall be punished as such hereunder.
(Prior code § 192-10.2; Amend Coun. J. 11-26-86, p. 37627)
No person shall be permitted to remain in or about any railroad depot in the city, having in his possession the unused portion or portions of nontransferable railroad tickets restricted for the use to the original purchaser thereof by the railroad company issuing the same, for the purpose of selling the same, offering the same for sale, advertising the same for sale, or in any manner to aid in the sale or purchase of such partially used nontransferable railroad tickets.
No person shall sell within the city the whole or any portion of any said ticket.
Any person violating any of the provisions of this section shall be fined not less than $5.00 nor more than $50.00 for each offense.
(Prior code § 192-16)
No person, in violation of the rules or regulations approved or promulgated by the Illinois Commerce Commission shall sell, barter, or exchange for any consideration any transfer ticket or other instrument issued by any person operating any street railroad, elevated rapid transit railroad, unified local transportation system, or otherwise, within the city, giving, or purporting to give to the holder of such transfer ticket or other instrument the right to transfer from one street railroad car, bus, or trolley bus to another street railway car, bus, or trolley bus on the same line or route or on any other line or route, or from a street railroad car, bus, or trolley bus to an elevated railroad car or train, or from an elevated railroad car or train to a street railroad car, bus, or trolley bus.
No person shall give away any such transfer ticket or other instrument as aforesaid to another for the purpose of enabling, or with intent to enable, the latter to use or offer the same for passage upon any car, bus, or trolley bus of said street railroad, elevated rapid transit railroad, unified local transportation system, or otherwise; nor shall any person not lawfully entitled thereto receive or acquire possession of any such transfer ticket or other instrument as aforesaid, use, or attempt to use, or offer the same for passage upon any car, bus, or trolley bus of the said street railroad, elevated rapid transit railroad, unified local transportation company, or otherwise. Provided, however, that this section shall not relate to, or in any manner affect, the issuing and giving of transfer tickets or other instruments as aforesaid by the agents or employees of any street railroad, elevated rapid transit railroad, unified local transportation system, or otherwise, to passengers thereof lawfully entitled thereto.
(Prior code § 192-17)
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