(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 there is visibly displayed, in that part of the premises where the juvenile is or may be allowed, permitted or invited, as a part of the general public or otherwise, all or part of any book, magazine, newspaper or other form of material which is either harmful to juveniles, when taken as a whole, or contains on its cover, package or 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 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 in or handling such material, either to or for adults or juveniles.
(b) It is not a violation of division (a) hereof if the material in question is displayed by placing it behind blinder racks or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.
(c) Whoever violates division (a)(1) or (a)(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. Punishment shall be as provided in § 698.02.
(`80 Code, § 666.115) (Ord. 1589, passed 12-6-82)