(A) A person commits an offense if, in a business establishment open to persons under the age of 17 years, he or she displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse the sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) Human sexual intercourse, masturbation or sodomy;
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast below the top of the areola; or
(4) Human male genitals in a discernibly turgid state, whether covered or uncovered.
(B) In this section DISPLAY means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) It is available to the general public for handling and inspection; or
(2) The cover or outside packaging on the item is visible to members of the general public.
(C) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.
(D) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.
(Ord. 12-3-98, passed 12-3-1998)