(A) Purpose. The purpose of this section is to protect minors in public accommodations from exposure to materials that are harmful to children, thereby protecting the health, safety and welfare of the community.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARMFUL TO MINORS. The quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(a) Predominantly appeals to the prurient, shameful or morbid interest of minors;
(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(c) Is utterly without redeeming social importance for minors.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(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, however, 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 such minor.
MINOR. Any person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area 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 a point immediately above the top of the areola; or the depiction or showing of covered male genitals in a discernibly turgid state.
PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals, pubic area, buttocks or, if such a person be a female, her breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(C) Display restrictions.
(1) Sealed wrapper. No person shall commercially and knowingly exhibit or display any material which is harmful to minors in its content in any public accommodation where minors are or may be present and where minors are able to view the material unless each item is kept in a sealed wrapper at all times.
(2) Opaque cover. No person shall commercially and knowingly exhibit or display any material the cover or packaging of which, standing alone, is harmful to minors in any public accommodation where minors are or may be present or allowed to be present and where minors are able to view the material unless each item is blocked from view by an opaque cover. The opaque cover requirement is satisfied if those portions of the cover or packaging containing the material harmful to minors are blocked from view by an opaque cover.
(3) Segregation of materials. Divisions (C)(1) and (C)(2) above shall not apply to the exhibition or display of materials harmful to minors under circumstances where minors are not present or are not able to view the material or the material’s cover or packaging. A person may comply with the requirements of this division (C)(3) by:
(a) Physically segregating the material in a manner that physically prohibits access to and view of the material by minors;
(b) Prominently posting at the entrance to the restricted area: “Adults only - you must be 18 to enter”; and
(c) Enforcing the restriction.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99