(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 recklessly 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 all or any part of any book, magazine, newspaper or other form of any material which is harmful to juveniles when taken as a whole, or which 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, in a position 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 affirmative defenses which are applicable to a charge under this section shall be as provided in Section 666.11(b) and (c).
(c) Whoever violates division (a)(1) or (a)(2) of this section is guilty of displaying material harmful to juveniles, a misdemeanor of the second degree. Whoever violates division (a)(3) of this section is guilty of unlawful employment of a juvenile, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.
(Ord. 2060. Passed 4-23-84.)