(a) Definitions of terms used in this section, and any variations thereof required by the context, shall have the meaning ascribed to them as follows:
(1) "Distribute" means to transfer possession of, whether with or without consideration.
(2) "Employee" means any individual who renders personal services in the course of a business, who receives compensation therefor at a fixed rate and who has no financial interest in the ownership or operation of the business other than his salary or wages.
(3) "Exhibit" means to display or offer for viewing, whether with or without consideration.
(4) "Knowingly" means to have knowledge or to be aware of the content or character of obscene matter.
(5) “Matter” means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or any statue or other figure, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials.
(6) "Minor" means any individual under the age of eighteen years.
(7) "Obscene matter" means to the average individual, applying contemporary State standards, matter which:
A. Considered as a whole, appeals to the prurient interests;
B. Depicts or describes in a patently offensive manner ultimate sexual acts, both normal and perverted, actual or simulated, masturbation, sodomy, fellatio, cunnilingus, bestiality, sadism, excretory functions or lewd exhibition of the genitals, and
C. Considered as a whole, lacks serious literary, artistic, political or scientific value.
(8) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(9) "Prepare" means to produce, publish or print.
(10) "Public display" means the placing of material on or in a billboard, viewing screen, theater, marquee, newsstand, display rack, window showcase, display case or similar public place, so that the material within the meaning of "obscene matter" is easily visible from a public thoroughfare, from the property of others or from commercial or business premises generally open to minors at the time of such placing.
(b) No person shall knowingly send or cause to be sent or bring or cause to be brought into this City any obscene matter for distribution, exhibition or public display to a minor, or in this City prepare for, distribute to, exhibit to or publicly display to a minor any obscene matter, or offer to prepare for, distribute to, exhibit to or publicly display to a minor any obscene matter, or have in his possession with the intent to distribute, exhibit or make a public display of, any obscene matter to a minor.
(c) No employee shall be guilty of a violation of this section when such employee is a projectionist, ticket taker, usher or when such employee distributes, prepares or exhibits obscene matter while acting within the scope of his employment.
(d) Any person who distributes or exhibits obscene matter, or possesses obscene matter with the intent to distribute or exhibit the same in the course of his business, is presumed to do so with knowledge of its content or character.
(e) No person shall be guilty of distributing or exhibiting obscene matter to a minor when such person has reasonable cause to believe that the minor involved was eighteen years of age or more and such minor exhibited to such person a driver's license, draft card or other official or apparently official document purporting to establish that such minor was eighteen years of age or more.
(f) No person who, with knowledge that a person is a minor under eighteen years of age, or who, while in possession of such facts that he should reasonably know that such person is a minor under eighteen years of age, shall hire, employ or use such minor to do or assist in doing any of the acts described in subparagraph (a)(7)B. hereof.
(g) Nothing herein shall be construed to limit the exercise of free speech or picketing by any organization, group or individual for the purpose of upholding community standards. (WVaC Code Art. 61-8A; Ord. 77-35. Passed 12-19-77.)