(a) No person, having custody, control or supervision of any business or commercial establishment or premises, with knowledge of the character of the material involved, shall do any of the following:
(1) Allow, permit or fail to prevent any juvenile who is not accompanied by a parent or lawful guardian to enter or remain on such premises if in that part of the premises where the juvenile is or may be allowed, permitted or invited as part of the general public, or otherwise, there is visibly displayed all or any part of a book, magazine, newspaper or other form of any material which is either of the following: harmful to juveniles, when taken as a whole; or contains on its cover, package, wrapping or within the advertisements therefor, depictions or photographs of sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals;
(2) Visibly display, exhibit or otherwise expose to view, all or any part of such material in any business or commercial establishment where juveniles, as part of the general public or otherwise, are, or will probably be, exposed to view all or any part of such material from any public or private place; or
(3) Hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place, any juvenile under circumstances which would cause, lead or allow such juvenile to engage in the business or activity of selling, distributing, disseminating or otherwise dealing or handling such material, either to or for adults or juveniles.
(b) The following are affirmative defenses to a charge under this section, involving material or a performance which is harmful to juveniles:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time the material or performance was presented to him or her, was accompanied by his or her parent or guardian who, with knowledge of its character, consented tot he material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his or her 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 older 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) It is an affirmative defense to a charge under this section, involving material or a performance which is harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergy man, prosecutor, judge or other proper person.
(c) Whoever violates divisions (a)(1) or (2) hereof is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (a)(3) hereof is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree.
(Ord. 81-273. Passed 12-7-81.)