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As used in this chapter, the following terms are defined as follows:
A. "Explicit sexual acts" means 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 members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region.
B. "Sexually explicit material" means 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 predominate purpose or effect sexual arousal, gratification, or affront; or
2. Any picture or illustration depicting genitals, pubic hair, perineums, anuses or anal regions of any person where such picture or illustration has as its predominate purpose or effect sexual arousal, gratification or affront; or
3. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its predominate purpose or effect sexual arousal, gratification or affront.
C. "Person" means any individual, partnership, firm, association, corporation or other legal entity.
D. "Knowingly" means being aware of the character of the sexually explicit material either directly, or because of its outward appearance or its reputation.
E. "Business" means any place where a profession, trade, calling or enterprise is conducted for which a business license or permit is required in accordance with Title 5 of this code except as specifically provided in Chapter 9.48.020(c) of this title.
F. "Display for sale" means placed within reach, and accessible to any member of the public; provided, however, the term "display for sale" does not include the inventory shelving or storing of magazines, books or commercially published and distributed publications reasonably beyond the reach of customers or the public.
G. "Opaque display insert" means 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 said magazines or other publications have covers depicting sexually explicit material. An opaque display insert shall have minimum dimensions sufficient to completely cover from public view the cover of a magazine or other publication when such cover depicts sexual material. An opaque display insert may contain the name, title, logo and/or other printed information regarding the publication which opaque display insert covers from public view.
(Ord. 81-1-864 § 1)