(A) No operator, agent or employee shall knowingly sell, deliver or provide, or offer or agree to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene.
(720 ILCS 5/11-20)
(B) No operator, agent or employee shall sell, deliver or provide, or offer or agree to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene after recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof.
(720 ILCS 5/11-20)
(C) No operator, agent or employee shall create, buy, procure or possess obscene matter or material with intent to disseminate it in violation of this ordinance or state statute.
(720 ILCS 5/11-20)
(D) No operator, agent or employee shall advertise or otherwise promote the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.
(720 ILCS 5/11-20)
(E) No operator, agent or employee shall knowingly sell, deliver or provide, or offer or agree to sell, deliver or provide any child pornography, as defined by state statute.
(720 ILCS 5/11-20.1)
(F) No operator, agent or employee shall create, buy, procure or possess any child pornography with intent to disseminate it in violation of this chapter or state statute.
(720 ILCS 5/11-20.1)
(G) No operator, agent or employee shall advertise or otherwise promote the sale of material represented or held out by him or her to be child pornography, whether or not it is child pornography.
(720 ILCS 5/11-20.1)
(H) No person, after purchasing or otherwise obtaining an adults-only item shall sell, deliver or allow any underage person to view an adults-only item.
(I) If an operator, agent or employee believes or has reason to believe that a sale, delivery or viewing of any adults-only item is prohibited because the prospective recipient is underage, said operator, agent or employee shall, (before making or allowing such sale, gift, delivery or viewing), demand presentation of some form of positive identification containing proof of age, issued by a public officer in the performance of his or her official duties.
(J) An operator, agent or employee may refuse to sell, deliver or allow any person to view any adults-only item, where said person is unable to produce adequate written evidence of identity and age by production of a document issued by the federal, state or county government, or subdivision or agency thereof, including, but not limited to, the following documents:
(1) A motor vehicle operator’s license;
(2) A registration certificate issued under the Federal Selective Service Act, being 50 U.S.C. App. §§ 451 et seq.; or
(3) An identification card issued to a member of the Armed Forces.
(K) (1) Proof that the operator, employee or agent, demanded, examined and reasonably relied upon such written evidence listed in division (J) above in any transaction forbidden by this chapter is competent evidence that may be offered as an affirmative defense to a violation of this chapter.
(2) In order to reasonably rely upon written evidence regarding a patron’s identity and age, an operator, agent or employee shall use the prudent judgment of a reasonable and informed person, and shall scrutinize said written evidence of age and identity by doing the following:
(a) Determine if the physical description and photograph (if any) on the document presented matches that of the presenting person;
(b) Determine whether the plastic seal on the identification card is intact or broken; and
(c) In the case of a state driver’s license, determine whether the seventh and eighth digits in the driver’s license number (excluding the beginning initial) match the stated date of birth located elsewhere on the driver’s license.
(3) If from the foregoing, a reasonable person would or should doubt the authenticity of the identification card, then the person offering the identification must not be sold, delivered or allowed to view any adults-only items.
(L) No operator, agent or employee shall give away or otherwise make available any adults-only item or viewing of any adults-only item for the purpose of evading any provision of this chapter, when the sale or viewing of said adults-only item is prohibited shall constitute unlawful selling.
(M) Offers or agreements to sell, deliver, provide or allow the viewing of any adults-only item at or within any premises when the sale or viewing of said adults-only item is prohibited shall constitute unlawful selling.
(N) The use of any other shift or device to evade any provision of this chapter is prohibited and shall constitute unlawful selling.
(1993 Code, § 76.06) (Ord. 99-03, passed 2-17-1999) Penalty, see § 76.99