(A) It shall be unlawful for any person to knowingly sell, lend, give away, distribute, show or transmute, or offer either to sell, lend, give away, distribute, show or transmute, or to have in his or her possession with intent either to sell, lend, give away, distribute, show or transmute, or advertise in any manner, or to otherwise knowingly offer for either loan, gift, sale or distribution, any obscene, lewd, lascivious, filthy or indecent, sadistic or masochistic book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded matter of an indecent character which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of such character.
(B) Any person who publishes or distributes for resale or for reading or other perusal any book, magazine or pamphlet, so composed as to constitute a compilation of pictures, illustrations, caricatures, cartoons, words, stories and advertisements, or any combination thereof, featuring and primarily devoted for the purpose of commercial exploitation of the description or portrayal or suggestion of illicit sex, or sexual relations, of perversion, lust or sexual passion, or any combination thereof, shall be guilty of a violation of a misdemeanor.
(C) For the purpose of this section, possession of six or more identical copies, or six or more articles of any obscene, lewd, lascivious, filthy or indecent book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture drawing, photograph, slide, motion picture or recorded matter of an indecent character, shall be prima facie evidence of possession with intent to sell, lend, give away, distribute, show or transmute the thing.
(D) Any person who shall, as a condition to a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, require that the purchaser or consignee receive for resale any other article, book or other publication which is contrary to this section or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles, books or publications, or by reason of the return thereof, shall be guilty of a misdemeanor.
(Prior Code, § 25-116) (Ord. 573, passed 10-18-1976) Penalty, see § 153.999