(a) No person having custody, control or supervision of any commercial establishment shall knowingly display material which is harmful to juveniles in such a way that juveniles, as a part of the invited general public, will be exposed to view such material provided, however, a person shall be deemed not to have displayed material harmful to juveniles if the material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds of the material is not exposed to view.
(b) It shall be an affirmative defense to any prosecution under this section that:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time the material was given, sold, presented, furnished, picked up, handled, opened, read or viewed by him was accompanied by his parent or guardian who, with knowledge of its character, consented to the material being given, sold, presented, furnished, picked up, handled, opened, read or viewed by the juvenile.
(3) The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate, marriage license or other official or apparently official document purporting to show that such juvenile was eighteen years of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
(4) The material which is harmful to juveniles was given, sold, presented, furnished to the juvenile or the juvenile was permitted to pick up, handle, open, read or view the material which is harmful to juveniles for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(c) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree, if the material or the performance involved is harmful to juveniles but not obscene. (Ord. 1989-196. Passed 10-24-89.)