(A) It shall be unlawful for any person acting in a managerial capacity of being the owner, proprietor, operator, or manager of a business to knowingly place offensive sexually explicit material upon public display for the purposes of sale, entertainment, or distribution, or fail to take prompt action to remove such a display from property in his or her possession or under his or her control after learning of its existence. The prohibition of this section shall not apply to broadcasts or telecasts through facilities licensed under the Federal Communications Act.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OFFENSIVE. The work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political, educational, or scientific value.
PUBLIC DISPLAY. In the context of films or motion pictures, the projection of those films or motion pictures on any viewing screen outside a completely enclosed building or theater. In the context of photographs, drawings, sculptures, or other visual representation, PUBLIC DISPLAY shall mean the placing of materials within the definition of offensive or sexually explicit material on or in a newsstand, display rack, window, showcase, display case, or similar place so that the material is easily visible from a public thoroughfare, from the property of others, from a common walk or mall, or from that portion of the interior generally open to minors at the time of the placing.
SEXUALLY EXPLICIT MATERIAL. Any picture, photograph, drawing, sculpture, motion picture, film, or other visual representation or image depicting uncovered, or less than opaquely covered, post-pubertal human genitals or pubic areas in a lewd fashion, or depicting human sexual intercourse, human or animal masturbation, bestiality, oral intercourse, anal intercourse, human-animal intercourse, excretory functions, 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 in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of these sections. Works of art or of anthropological significance are not included within this definition.
(Ord. 11-190, passed 7-19-2011) Penalty, see § 130.99