(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A REASONABLE BONA FIDE ATTEMPT. An attempt to ascertain the true age of a minor by requiring production of a driver’s license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
HARMFUL TO MINORS. The quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when the material or performance, taken as a whole, has the following characteristics:
(a) The average adult person, applying contemporary community standards, would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(b) The average adult person, applying contemporary community standards, would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sado-masochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(c) The material or performance lacks serious literary, scientific, educational, artistic or political value for minors.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief which warrants further inspection or inquiry of both:
(a) The character and content of any material or performance which is reasonably susceptible to examination by the defendant; and
(b) The age of the minor. However, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of the minor.
MATERIAL. Any paper, handbill, card, drawing, magazine, book, newspaper, poster, pamphlet, ballad, printed paper, phonographic record or tape, recording tape, videotape, motion picture film, print, picture, figure, image, description or other tangible thing capable of being used to arouse interest through sight or sound or in any other manner.
MINOR. Any unmarried person under the age of 18 years.
NUDITY. The showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, of any female breast with less than a full, opaque covering or any portion thereof below the top of the nipple or of covered male genitals in a discernibly turgid state.
PERFORMANCE. Any motion picture, preview, play, show, skit, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, association, corporation or other legal entity of any kind.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person, or the condition of being fettered, bound or otherwise physically restrained.
SEXUAL CONDUCT. Masturbation, homosexuality, lesbianism, sadism, masochism, natural or unnatural sexual intercourse or any physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) No person shall sell, offer for sale, distribute, circulate or give away any obscene material or show or exhibit any obscene performance. Any material or performance shall be considered obscene if, to the average adult person applying local contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex and portrays sexual conduct in a patently offensive way and if, taken as a whole, the material or performance lacks serious literary, artistic, political or scientific value.
(C) No person having custody, control or supervision of any commercial establishment shall knowingly:
(1) Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view the material, provided, however, that a person shall be deemed not to have displayed material harmful to minors if the material is kept behind devices commonly known as “blinder racks” so that the lower two-thirds of the material is not exposed to view;
(2) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or
(3) Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
(D) It shall be an affirmative defense to any prosecution under this section that the material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency or quasi-governmental agency by persons acting in their capacity as employees or agents of the institutions and organizations, which institutions and organizations display, present or disseminate the material or performance for a bona fide governmental, educational or scientific purpose.
(E) No person shall violate, disobey, neglect or refuse to comply with, or reject the enforcement of, any of the provisions of this section.
(F) In the event of a conflict between any of the provisions of this section and any provision of state law, the state law provision shall prevail.
(2000 Code, § 9.08.150) Penalty, see § 131.99