[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 56 of the 2013 Code.]
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The purpose of this article is to regulate the display of adult
books, magazines and videos for the purpose of sale/rental by placing
them out of view of minors.
The following are definitions of terms as used in this article:
ADULT BOOK, MAGAZINE OR VIDEO
Any book, pamphlet, magazine, video, printed matter or electronic
media, however reproduced, which contains any matter enumerated in
RSA 571-B:2, I(a), or explicit and detailed verbal descriptions or
narrative accounts of sexual conduct and which, taken as a whole,
is harmful to minors.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
HARMFUL TO MINORS
That quality of any description or representation in whatever
form of sexual conduct when it:
A.
Predominantly appeals to the prurient interest of minors in
sex, that is, an interest in lewdness or lascivious thoughts;
B.
Depicts or describes sexual conduct in a manner so explicit
as to be patently offensive to contemporary adult standards in the
community with respect to what is suitable material for minors; and
C.
Lacks serious literary, artistic, political or scientific value.
KNOWINGLY
Having general knowledge of or reason to know or a belief
or ground for belief which warrants further inspection or inquiry,
or both, as to the character and content of any material described
herein which is reasonably susceptible to examination by the defendant.
MINOR
Any person under the age of 18 years.
SEXUAL CONDUCT
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, or any touching of the genitals, pubic areas
or buttocks of the human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex or between
humans and animals, any depiction or representation of excretory functions,
any lewd exhibitions of the genitals, flagellation or torture in the
context of a sexual relationship. Sexual intercourse is simulated
when it depicts sexual intercourse which gives the appearance of the
consummation of sexual intercourse, normal or perverted.
Any person, firm or corporation knowingly offering for sale
adult books and/or magazines shall display them on shelves, book racks
or other display devices at a height of no less than 60 inches from
the floor level immediately in front of the display racks or shelves
or, in the absence of shelves or book racks, having a minimum shelf
height of 60 inches; adult books and magazines shall be displayed
on shelves behind the operator or the sales register or checkout counter,
and any adult book or magazine cover thereof containing pictures,
photographs or drawings of a person or portion of the human body,
which depicts sexual conduct and which, taken as a whole, is harmful
to minors, shall not be open to public view.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
It shall be unlawful for any person, firm or corporation to knowingly display any adult book, magazine or video in a manner inconsistent with the provisions of §
41-3 of this article. In any enforcement action in any provision of this article, it shall not be necessary for the City to negate any exception, excuse, proviso, or exemption contained herein, and the burden of proof of any exception, excuse, proviso, or exemption shall be on the defendant. Any section of this article which does not specifically address or permit the display requirements as set forth by §§
41-1 through
41-4 would require a two-thirds vote of approval by the City Council prior to an issuance of a license.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any of the provisions
of this article shall be guilty of a violation and subject to a fine
as provided in the City Fine Schedule, no portion of which may be
suspended. The store's license shall be subject to suspension for
the first offense and revocation for a subsequent conviction.
If any section, subsection, or clause of this article shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections, and clauses shall not be affected
thereby.
[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 132 of the 2013
Code.]
It is declared to be the purpose and intent of this article
to prohibit any commercial enterprise from presenting or engaging
in any obscene exhibitions for profit, to protect the public health,
safety, welfare and morals of the community, to promote the stability
of property values, and impose restrictions upon those activities
which increase crime and violence and are contrary to the morals of
the community. In recognition of the protections afforded to the citizens
under the First and Fourteenth Amendments, it is not the intent of
this article to inhibit freedom of speech or the press, rather to
protect the public order recognizing that those parts of a community
which become centers of immoral conduct frequently become places of
rowdiness, criminality, and indecent behavior.
It is unlawful for any person or commercial enterprise to engage
in, solicit, permit, promote or assist in any commercial enterprise
for an obscene exhibition.
As used in this article, the following terms mean:
COMMERCIAL ENTERPRISE
Any business, corporation, association or natural person
established for pecuniary gain other than a theater.
ENGAGE IN
To solicit, produce, direct, finance, physically participate
in, compensate others for, further the interest of, or be otherwise
involved with the proscribed conduct.
EXHIBITION
Any aural, visual or tactile performance, dramatization,
show or display which includes any amount of human, animal or animated
conduct, whether presented live or by way of mechanical reproduction,
sound recording, audio-visual cassette or tape, silhouette depiction
or by any other means.
OBSCENE
Any conduct of a sexual nature which:
A.
To the average individual applying contemporary community standards,
considered as a whole, appeals to the prurient interest;
B.
Presents in a patently offensive manner actual or simulated
ultimate sexual acts, sodomy, bestiality, excretory functions, masturbation,
direct physical stimulation of unclothed genitals, flagellation or
torture in context of ultimate sexual acts, exhibition of the human
male or female genitals, pubic area, buttocks or the female breast
below the top of the nipple; and
C.
Considered as a whole lacks serious literary, artistic, political
or scientific value.
PRESENT
To show, reveal, display or expose to any person.
THEATER
A.
Any building or hall designed primarily for showing motion pictures,
having a permanent movie screen and permanently fixed seats arranged
in such fashion as to allow spectators an unobstructed view of the
screen.
B.
An open-air theater designed primarily for showing motion pictures,
having a permanent movie screen and permanent devices for broadcasting
movie soundtracks in motor vehicles.
C.
Any playhouse, hall, or similar structure designed primarily
for legitimate artistic expression.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, firm or corporation violating any provision of this
article shall be fined as provided in the City Fine Schedule. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.