For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any place where a profession, trade, calling or enterprise is conducted for which a business license or permit is required in accordance with §§ 35.070 et seq.
DISPLAY FOR SALE. Placed within reach and accessible to any member of the public; provided, however, that the term DISPLAY FOR SALE does not include the inventory shelving or storing of magazines, books or commercially published and distributed publications which are reasonably beyond the reach of customers or the public.
EXPLICIT SEXUAL ACTS. Depictions of sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.
KNOWINGLY. Being aware of the character of the sexually explicit material either directly or because of its outward appearance or its reputation.
OPAQUE DISPLAY INSERT. An opaque piece of material which is placed in front or on top of a stack of magazines or other publications displayed for sale, in the event that such magazines or other publications have covers depicting sexually explicit material. Such an insert shall have minimum dimensions sufficient to completely cover from the public view the cover of a magazine or other publication, when such cover depicts sexually explicit material. An OPAQUE DISPLAY INSERT may contain the name, title, logo or other printed information regarding the publication which said insert covers from public view.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
SEXUALLY EXPLICIT MATERIAL. A form of commercially published and distributed material which exposes to public view any of the following:
(1) Any statements or words describing explicit sexual acts, sexual organs or excrement, where such statements or words have as their predominant purpose of effect sexual arousal, gratification or affront;
(2) Any picture or illustration depicting a person's genitals, pubic region, pubic hair, perineum, anus or anal region, where such picture or illustration has as its predominant purpose or effect sexual arousal or affront.
(3) Any picture or illustration depicting explicit acts, where such picture or illustration has as its predominant purpose or effect sexual arousal, gratification or affront.
('64 Code, § 15-53) (Ord. 765, passed 2-22-90)