(a) No owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment shall:
(1) Knowingly display or permit the display of any material or performance, which is obscene or harmful to juveniles, in such a manner or in such a location within the establishment that the offensive material or performance may at any time or in any manner be seen by juveniles; or
(2) Knowingly display or permit the display, on or within the establishment, of any advertisement, relating to any material which is obscene or harmful to juveniles, which is graphic or which is worded in such a manner as to render the advertisement itself obscene or harmful to juveniles as defined in Sections 666.01(a) and (f).
(b) No person, with knowledge of its character, shall knowingly or recklessly present, sell or otherwise furnish to a juvenile any material or performance which is obscene or harmful to juveniles.
(c) The following are affirmative defenses to a charge under subsection (b) hereof which involves material or a performance which is harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time the material or performance was presented to him, was accompanied by his parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth record, marriage license or other official or apparently official document purporting to show that such juvenile was eighteen years of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of eighteen and unmarried.
(d) It is an affirmative defense to a charge under subsection (b) hereof, involving material or a performance which is obscene or harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(e) Whoever violates any of the provisions of this section is guilty of exposing juveniles to harmful materials, a misdemeanor of the first degree, provided the material or performance involved is harmful to juveniles, but not obscene. The penalty shall be as provided in Section 698.02.
(Ord. 155-77. Passed 4-18-83.)