For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Blinder racks" means any opaque item or device which rests on or in front of harmful matter in such a manner that the lower two-thirds of the matter is not exposed to view.
"Business establishment" means any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in such a manner that the harmful matter can be viewed by patrons inside the enterprise.
"Distribute" or "distribution" means to transfer possession of, whether with or without consideration.
"Exhibit" or "exhibition" means to show.
"Harmful matter" is ascribed the same meaning as the term "harmful matter" prescribed by paragraph (a) of Section 313 of the California Penal Code, as that section may hereafter be amended or renumbered. Notwithstanding the foregoing, matter shall not be deemed "harmful matter" based, in whole or in part, on the sexual orientation or gender identity of the person(s) involved in the sexual conduct at issue.
"Matter" means any book, magazine, newspaper, or other printed or written material, or any picture, drawing or photograph, or any statue or other figure.
"Minor" means any natural person who is under the age of eighteen (18) years.
"News rack" or "vending device" means a privately owned mechanism which is located on public property or located on private property in such a manner that the contents can be viewed by members of the general public from public property, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public from public property.
"Person" means any corporation, partnership or sole proprietorship which owns a business establishment, news rack or vending device, and any natural person who is responsible for the operation or maintenance of a business establishment, news rack or vending machine, including, but not limited to, clerks who are responsible for on-site operation or maintenance of a business establishment.
"Public property" means any:
1. Sidewalk, street, alley, or pathway which is open to and traveled or utilized by members of the general public, whether legal title thereto is privately held or vested in a public agency, including, but not limited to, common areas in shopping malls frequented by patrons to gain access to retail enterprises; and
2. Parks, land or buildings operated by and in which a public agency possesses a property interest, which are open to members of the general public. (Ord. 2013-0038 § 10; prior code § 24.03.021)