[HISTORY: Adopted by the Common Council of the City of Burlington by Ord. No. 8-1997 (Ch. 9.20 of the 1996 Municipal Code). Amendments noted where applicable.]
Adult establishments — See Ch. 66.
As used in this chapter, the following terms shall have the meanings indicated:
- OBSCENE MATERIAL
- Any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity contained in or consisting of a picture or other representation, publication, sound recording, live performance or film which, by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
- Any person who operates a store, newsstand, booth, concession or a similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings of photographs.
A retailer shall not display or permit to be displayed at his/her business premises any obscene material at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.
Public display of the obscene material in violation of this chapter shall constitute presumptive evidence that the retailer knowingly made or permitted the display.