(a) A person commits an offense if, in a business establishment open to persons under the age of eighteen 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 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, the 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) As used 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.
(Ord.95-O-17. Passed 12-12-95.)