(a) Prohibited Conduct. No person, having custody, control or supervision of any business or commercial establishment or premises, with knowlege 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 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 any material which is either of the following:
B. Contains on its cover, package, wrapping or within the advertisements therefor, depictions or photographs of sexually explicit nudity, sexual activity or sadomasochistic sexual abuse.
(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.
(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 promoting, disseminating or otherwise handling such material, either to or for adults or juveniles.
(b) Affirmative Defenses. The following are affirmative defenses to a charge under this section:
(1) The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate, marriage license or other governmental or educational 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 and did not rely solely upon the oral allegations or representations of the juvenile as to his or her age or marital status or as to the knowing consent of the juvenile's parent or lawful guardian.
(2) At the time the material was visibly displayed or otherwise furnished or presented to the juvenile involved, a parent or lawful guardian of such juvenile, with knowledge of his character, accompanied the juvenile or consented to the material being visibly displayed or otherwise furnished or presented to the juvenile.
(3) The defendant is the parent, lawful guardian or spouse of the juvenile involved.
(c) For purposes of this section, a person knows that materials or performances are harmful to juveniles if that person has a general knowledge or reason to know, or a belief or ground for belief, which warrants further inspection or inquiry of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomosochistic sexual abuse or lewd exhibition of the genitals, or any of the materials listed in Section 533.01 (e)(4), whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof.
(d) Whoever violates subsection (a)(1) or (2) hereof is guilty of displayng harmful materials to juveniles, a misdemeanor of the third degree. If the offender has previously been convicted of a violation of these subsections, then such offense is a misdemeanor of the second degree. Whoever violates subsection (a)(3) hereof is guilty of unlawfully employing a juvenile, a misdemeanor of the second degree. If the offender has previously been convicted of a violation of this subsection, then such offense is a misdemeanor of the first degree.
(Ord. 47-1980. Passed 5-19-80.)