The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Display
means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item is visible to members of the general public.
Minor
means a person younger than 18 years of age.
Person
means an individual, corporation, partnership, limited partnership, limited liability company or any other business entity.
Possession
means actual care, custody, control or management.
Sexually explicit materials
means books, pamphlets, newspapers, magazines, films or videocassettes, the cover of which depict, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) 
Human sexual intercourse, masturbation or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(Ordinance 97-10-19, sec. 2, adopted 10/21/97)
Any person, firm or corporation who violates any provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined any sum not exceeding $500.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation.
(Ordinance 97-10-19, sec. 4, adopted 10/21/97)