(A) No person, including any individual, partnership, firm, association, corporation or other legal entity shall display harmful matter in a public place, other than a public place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower two-thirds of the material is not exposed to view.
(B) For the purposes of this section
HARMFUL MATTER means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is to prurient interest, meaning a shameful or morbid interest in nudity, sex, or excretion; and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political education, or scientific value for minors.
(C) When it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group.
(D) In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicates that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, educational, or scientific value for minors.
(E) MATTER. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.
(F) DISPLAY. To place in plain view.
(G) MINOR. Any natural person under 18 years of age.
('61 Code, § 4-1.02) (Ord. 536 C.S., passed 12-20-89)