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A. Definitions: As used in this section the terms defined in this subsection shall have the meanings given them as follows:
HARMFUL TO MINORS: That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
1. Predominantly appeals to the prurient, shameful or morbid interest of minors, and
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and
3. Is utterly without redeeming social importance for minors.
KNOWINGLY: Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both:
1. The character and content of any material which is reasonably susceptible of examination by the defendant, and
2. The age of the minor, provided, however, that 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 such minor.
MINOR: Any person under the age of eighteen (18) years.
NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male 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 unclothed genitals, pubic area, buttocks, or if such a person be a female, her breast.
SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal.
B. Sales Prohibited: It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor:
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 which is harmful to minors, or
2. Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subsection B1 of this section, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse which, taken as a whole, is harmful to minors.
C. Exhibits Prohibited:
1. It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors.
2. It is unlawful for any person knowingly to openly exhibit, show, display, demonstrate or otherwise allow to be exposed to public view in any public commercial establishment where minors are allowed or permitted to enter for the purpose of doing business in such commercial establishment for profit:
a. 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 which is harmful to minors, or
b. Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subsection C2a of this section, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse which, taken as a whole, is harmful to minors, unless said matters enumerated in subsection C2a of this section and this subsection C2b shall be kept in an "adults only" area, the contents of which are protected from the view or person of a minor.
D. Exemptions: The following are exempt from criminal or other action hereunder:
1. Recognized and established schools, churches, museums, medical clinics and physicians, hospitals, public libraries, governmental agencies or quasi-governmental sponsored organizations, and persons acting in their capacity as employees or agents of such organizations. For the purpose of this subsection, "recognized and established" shall mean an organization or agency having a full time faculty and diversified curriculum in the case of a school; a church affiliated with a national or regional denomination, a licensed physician or psychiatrist or clinic or licensed physicians or psychiatrists; and in all other exempt organizations shall refer only to income tax funds or which receive at least one-third (1/3) of their support from publicly donated funds.
2. Individuals in a parental relationship with the minor.
3. Motion pictures machine operators, stagehands or other theater employees such as cashiers, doormen, ushers and concession employees, if such a person or persons have no financial interest in the entertainment presented other than the salary or wage, or in any theater or place where such employee has no financial interest when his services are obtained solely for salary or wage; provided, that such employee is under the direct supervision of a theater manager who is a resident of this state and who is not exempt from action. (Ord. XV.3, 7-20-1976)
E. Penalty: Whoever violates any provision of this section shall be guilty of a misdemeanor and may be punished as described in title 1, chapter 4 of this code. Such violation shall be grounds for revocation or suspension of any and all licenses held at such premises. (Ord. XII.21, 6-15-2004)