DISPLAY OF SEXUALLY EXPLICIT MATERIAL
It is declared to be the intent and purpose of this subchapter to regulate the direct commercial distribution of certain explicit sexual materials to minors in order to aid parents and guardians in supervising and controlling the access of minors to such material. The Board of Aldermen finds that whatever social value such material may have for minors can adequately be served by its availability to young persons through their parents or guardians.
(1987 Code, § 6-4-01)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISPLAY. To put or spread before the view of those passing within sight distance of the matter displayed, in an ostentatious manner designed to attract attention to or show off the matter displayed. Magazines that meet the definition of sexually explicit materials shall be considered DISPLAYED if they are placed in a location (e.g., a magazine rack or shelf) accessible to minors and arranged in a manner calculated to encourage minors to view or read such materials. Sexually explicit materials located within any business or commercial establishment shall not be considered DISPLAYED if they are placed in a location that is only accessible to adults or if they are located such that they are only available to customers upon request made to a person in charge of or employed by such business or commercial establishment.
MINOR. Any person under the age of 18.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered make genitals in a discernibly turgid state.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual arousal or stimulation.
SEXUALLY EXPLICIT MATERIALS. Materials consisting of:
(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse; and
(2) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated above or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse.
(1987 Code, § 6-4-02)
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