(A) No operator, agent, or employee shall knowingly sell, deliver, or provide, or offer or agree to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene.
(B) No operator, agent, or employees shall sell, deliver, or provide, or offer or agree to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene after recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof.
(C) No operator, agent, or employee shall create, buy, procure, or possess matter or material with intent to disseminate it in violation of this chapter of the city or state or federal statutes.
(D) No operator, agent, or employee shall advertise or otherwise promote the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.
(E) No operator, agent, or employee shall knowingly sell, deliver, or provide, or offer or agree to sell, deliver, or provide any child pornography, as defined by state or federal statute.
(F) No operator, agent, or employee shall create, buy, procure, or possess any child pornography with intent to disseminate it in violation of this chapter or state or federal statute.
(G) No operator, agent, or employee shall advertise or otherwise promote the sale of material represented or held out by him or her to be child pornography, whether or not it is child pornography.
(H) No person, after purchasing or otherwise obtaining an adults-only item shall sell, deliver, or allow any underage person to view an adults-only item.
(I) If an operator, agent, or employee believes or has reason to believe that a sale, delivery, or viewing of any adults-only item is prohibited because of the prospective recipient is underage, said operator, agent, or employee shall, (before making or allowing such sale, gift, delivery or viewing), demand presentation of some form of positive identification containing proof of age, issued by a public officer in the performance of his or her official duties.
(J) An operator, agent, or employee may refuse to sell, deliver, or allow any person to view any adults-only item, where said person is unable to produce adequate written evidence of identity and age by production of a document isled by the federal, state or county government, or subdivision or agency thereof, including, but not limited to, the following documents:
(1) A motor vehicle operator’s license;
(2) An identification card issued by the Illinois Secretary of State; or
(3) An identification card issued to a member of the armed forces.
(K) (1) Proof that the operator, employee, or agent, demanded, examined and reasonably relied upon such written evidence listed in division (J) above in any transaction forbidden by this chapter is competent evidence that may be offered as an affirmative defense to a violation of this chapter.
(2) In order to reasonably rely upon written evidence regarding a patron’s identity and age, an operator, agent, or employee shall use the prudent judgment of a reasonable and informed person, and shall scrutinize said written evidence of age and identity by doing the following:
(a) Determine if the physical description and photograph (of any) on the document presented matches that of the presenting person;
(b) Determine whether the plastic seal on the identification card is intact or broken; and
(c) In the case of an Illinois driver’s license (or Illinois identification card), determine whether the seventh and eight digits in the driver’s license (excluding the beginning initial) match the stated date of birth located elsewhere on the driver’s license.
(3) If from the foregoing, a reasonable person would or should doubt the authenticity of the identification card, and then the person offering the identification must not be sold, delivered, or allowed to view any adults-only items.
(L) No operator, agent, or employee shall give away or otherwise make available any adults-only item or viewing of any adults-only item for the purpose of evading any provision of this chapter when the sale or viewing of said adults-only item is prohibited shall constitute unlawful selling.
(M) Offers or agreements to sell, deliver, provide, or allow the viewing of any adults-only item at or within any premises when the sale or viewing of said adults-only item is prohibited shall constitute unlawful selling.
(N) The use of any other shift or device to evade any provision of this chapter is prohibited and shall constitute unlawful selling.
(Prior Code, § 129.08)
(Ord. 05-06, passed 6-6-2005)
Statutory reference:
Obscenity, see 720 ILCS 5/11-20 and 20.1
Child pornography, see 720 ILCS 5/11-20.1