(a) No person having custody, control or supervision of any commercial establishment shall knowingly display or disseminate material which is harmful to juveniles in such a way that juveniles, as a part of the invited general public, will be exposed to view such material or that such material will be disseminated to juveniles. A person shall be deemed not to have displayed or disseminated material harmful to juveniles 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 and the invited members of the general public, prior to viewing the entire material, present identification that the requesting party is not a juvenile or if the material is kept out of normal viewing of the invited general public and the titles are listed in a separate binder available upon request to invited members of the general public who are not juveniles and invited members of the general public, prior to viewing the entire material, present identification that the requesting party is not a juvenile.
(Ord. 3-87. Passed 1-26-87.)
(b) The following are affirmative defenses to a charge under this section, involving material or a performance which is harmful to juveniles:
(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 certificate, 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.
(c) It is an affirmative defense to a charge under this section, involving material or a performance which is harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.
(d) Whoever violates this section is guilty of disseminating matter harmful to juveniles, a misdemeanor of the first degree, if the material or the performance involved is harmful to juveniles but not obscene.
(Ord. 146-77. Passed 12-19-77.)