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A. Notwithstanding the provisions of this chapter, if the director of public works finds that the location of a publication vending machine, in accordance with the standards set forth in this chapter, will create or allow a condition prohibited by Section 5.24.060 or will otherwise endanger the public peace, health, safety or welfare or be contrary to the purposes and intent of this chapter, he may prohibit the location of such machine in accordance with such standards and/or may allow the location of such a machine in a manner deviating from, or at variance with the standards provided in this chapter, subject to such terms, conditions and regulations as he may deem necessary to protect the public peace, health, safety or welfare and to carry out the purposes and intent of this chapter.
B. Such finding may be made by the director of public works at any time.
C. If such finding is made prior to the issuance of a permit, the finding of the director of public works shall be made a part of the permit at the time of issuance.
D. If the finding is made subsequent to the issuance of a permit, written notice of the finding of the director of public works shall be given to the owner or custodian of the machine with the direction that there shall be compliance with the finding of the director of public works within ten days from the date of mailing notice.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.070(j))
A. No publication which is prohibited by the laws of the state from sale or distribution to minors may be offered for sale to the public unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such publication by a minor.
B. No publication may be offered for sale to the public on any public right-of-way by means of a publication vending machine in such manner as to expose to the public view any photograph or drawing contained within such publication displaying any of the following:
1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty;
2. Any portion of the breast, at or below the areola, of any female person, other than a child under the age of puberty.
C. No person shall cause, permit, procure, counsel, or assist in an offer of sale of any such publication in violation of this section.
D. Any publication offered for sale in violation of this section constitutes a public nuisance.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.080)
Every person or custodian who places or maintains a publication vending machine on a public sidewalk or parkway within the city shall have his or its name, address, and telephone number affixed thereto in a place where such information may be easily seen, and shall comply fully with the provisions of Section 17570 of the Business and Professions Code of the State of California as it exists on the date of the ordinance codified in this chapter or as may be hereafter amended.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.090)
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