(A) The Board of Commissioners does hereby find that there exists an increasing trend in the display of sexually explicit material in commercial establishments within the county in such a manner that the material is within the open view of minors and is thereby easily accessible to them. The Board of Commissioners further find that the public display of the material is adverse and detrimental to the health, safety, and welfare of its citizens, particularly minors, and the peace and dignity of the county, and as a matter of policy the display should be regulated under the police power of this county.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWINGLY. Having knowledge of the character and content of the cover of the material, or failure to exercise reasonable inspection which would disclose the character and content of the cover of the material.
MINOR. Any person under the age of 18 years.
PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.
PUBLIC DISPLAY. The placing, exposing, or exhibiting of sexually explicit material in or on a newsstand, display rack, window, showcase, display case, or similar place so that the material is easily visible from a public thoroughfare, sidewalk, or from that portion of the interior of any business or commercial establishment frequented by minors or where minors are or may be invited as part of the general public.
SEXUALLY EXPLICIT MATERIAL. Any book, magazine, or newspaper which contains on the cover any photograph, picture, drawing, depiction, or other visual representation showing human sexual intercourse, masturbation, homosexual acts, direct physical stimulation or touching of unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person who is nude or clad in revealing or bizarre costumes, uncovered or less than opaquely covered post pubertal human genitals or pubic areas.
(C) It shall be unlawful for any person to knowingly place on public display sexually explicit material in any business establishment frequented by minors or where minors are or may be invited as a part of the general public. However, the sexually explicit material may be displayed on any shelf, rack, stand, or ledge which has an opaque screen or border of sufficient height so that only the title of any such material is visible.
(D) Violation and penalty. Any person or business found to be displaying material harmful to minors, including the public display of sexually explicit material, if having custody, control, or supervision of a commercial establishment and knowing the character or content of the material, he/she/it displays material that is harmful to minors at that establishment so that it is open to view by minors as part of the invited general public, shall be punishable under G.S. § 14-190.14 and any violation herein shall be enforced as a Class 2 misdemeanor. Each day’s violation shall be considered a separate offense.
(E) In addition to the criminal penalties herein provided, violations of this section may be enforced by the institution of proceedings in the form of a civil action for equitable and injunctive relief to restrain or prohibit the violation. The proceeding shall be brought in the County Superior Court. The institution of any proceeding for equitable or injunctive relief under this section shall not relieve any party to the proceedings from any criminal penalty prescribed for violations of any part of this section.
(F) This section shall not apply within the City of Lincolnton, North Carolina.
(G) This section shall be in full force and effect beginning the 8-7-1980.
(Ord. passed 7-7-1980; Ord. passed 3-21-2022)