(A) No person having custody, control, or supervision of any commercial establishment shall knowingly:
(1) Display material which is harmful to juveniles as defined in § 133.01 in such a way that minors, as a part of the invited general public, will be exposed to view the material. However, a person shall be deemed not to have displayed material harmful to juveniles if the material is:
(a) Under the counter.
(b) Behind the counter in devices commonly known as blinder racks so that the lower two-thirds of the material is not exposed to view.
(c) In a separate area under the supervision of store personnel so that the lower 2/3 of the material is not exposed to view with a warning sign which reads "No person under the age of 18 years old allowed in this area" or similar language.
(2) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a juvenile, with or without consideration, any material which is harmful to juveniles.
(3) Present to a juvenile or participate in presenting to a juvenile, with or without consideration, any performance which is harmful to a juvenile.
(B) It shall be an affirmative defense to any prosecution under this section that the material or performance involved was displayed, presented, or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency, and persons acting in their capacity as employees or agents of these persons or organizations, and which institution displays, presents, or disseminates this material or performance for a bona fide governmental, educational, or scientific purpose.
(C) Any person who shall be convicted of violating any provision of this section is guilty of a misdemeanor of the second degree. Each day that any violation of this section offers or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by this section shall constitute a separate offense as to each item, issue, or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue, or other identical material shall constitute a single offense. If the offender has previously been convicted of a violation of this section, then displaying material harmful to juveniles is a misdemeanor of the first degree.
(1981 Code, § 133.21) (Ord. 6026-84, passed 12-26-1984) Penalty, see § 130.99