(Code 1983, § 12-80; Ord. No. B-436, § 1, 7-23-1987)
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:
ADULT MATERIALS
Any material, text, picture, painting, copy statue, sculpture, video, film or any other tangible form of maintaining text and/or image, that depicts the human form as follows: in a state of total nudity; less than completely and/or opaquely covered human genitals, buttocks or that portion of the female breast under the top of the areola; engaging in actual or simulated sexual intercourse, masturbation or sodomy; that illustrate human bondage or involuntary restraint for the purpose of torture or sexual debasement; the actual pictorial depiction in vivid detail of the torture, mutilation or intentional injury of a human being through war, crimes against humanity, or violations of state and federal law; or any material that has a stated purpose of depriving those persons protected by the state and United States constitutions from rights and privileges protected thereunder.
CHILD
A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes.
CONSTITUTIONALLY PROTECTED MATERIAL
Any material in whatever form that has been determined to be legal for public consumption or viewing, in that it complies with the guidelines of the state and federal law as interpreted by the Supreme Court of the United States, the state supreme court and the state court of criminal appeals.
(Code 1983, § 12-81; Ord. No. B-436, § 1, 7-23-1987)
It shall be unlawful to display adult material so that it can be read, viewed and/or examined by a child in a retail establishment.
(Code 1983, § 12-82; Ord. No. B-436, § 1, 7-23-1987)
It shall be unlawful for an adult to display adult material to a child, not of his household. A violation of this section requires both knowledge of the presence of the child and a specific act or action to make the adult material available to the child. Nothing in this section is intended to create a duty upon a resident within their own home to maintain adult material in a manner that it cannot be viewed by a child not of that residence.
(Code 1983, § 12-83; Ord. No. B-436, § 1, 7-23-1987)
(a) 
Adult material may be provided to a child by a parent or legal guardian.
(b) 
This article shall not apply to the following:
(1) 
Public or private educational institutions;
(2) 
Public or private libraries;
(3) 
The offices of a member of the medical or chiropractic profession;
(4) 
Religious or family counselors (or other counselors who specialize in family planning and/or guidance, etc.);
(5) 
Commercial or educational radio and television, (including cable communication which are licensed and/or regulated by the FCC);
(6) 
Movie theaters that use a state or national movie rating system in relation to the advertising of the films to be shown;
(7) 
Museums that are publicly owned and those owned by a nonprofit corporation;
(8) 
Art galleries: To qualify for this exception, the business may not be run in conjunction with a newsstand or bookstore.
a. 
The business may engage in the retail sale of art and/or hobby supplies and sell published material about art and artists, design and other material related to the field of art.
b. 
A business claiming this exception shall be deemed to be prima facie an art gallery, but if the vast majority of the work displayed and/or material offered or said would otherwise contravene the purpose of this article, and the art gallery is engaged in the sale and/or display of adult material, as the term is used herein, then this exception is subject to challenge by prosecution under this article.
c. 
An art gallery for adult materials shall comply with the same requirements as an adult newsstand or bookstore.
(Code 1983, § 12-84; Ord. No. B-436, § 1, 7-23-1987)
Adult material displayed as follows will be presumed to be in compliance with this article:
(1) 
The adult material may be kept behind the sales counter, where it cannot be readily seen or examined by a child and a sign or notice posted with the titles listed of the material for sale.
(2) 
The adult material may be maintained in a display rack behind the sales counter, out of reach of the patrons, if the exposed surface of the adult material would violate this article. Said surface shall be covered by an opaque material with only the title showing; however, if the title is within the adult material on the exposed surface or cover, the entire surface is covered with an opaque material with the title written upon the surface of the opaque material.
(3) 
A business that is primarily concerned with the sale of books, newspapers, magazines, and/or other tangible material intended to communicate information and/or knowledge, commonly known as bookstores or newsstands, may keep adult material in a separate room, or area apart from the general sales area that is physically separate and apart, and is overtly posted as adult material and children are prohibited in that area.
(4) 
A magazine rack that is located in the general display area of a commercial business that is designed to display some material at a height in excess of four feet and is so designated that only the title of the material on display is visible, said rack being within the direct view of a sales counter, and adult material being only displayed above the height of four feet will not be a violation of this article.
(5) 
Any other display arrangement that has been previously submitted to the city attorney and approved, or any display arrangement that was approved upon appeal to the city council shall deemed in compliance with this article.
(Code 1983, § 12-85; Ord. No. B-436, § 1, 7-23-1987)
Nothing hereunder is intended to decriminalize any activity under state or federal law, nor to establish a community standard other than that standard as defined by the United States Supreme Court, and material covered by this article can only be constitutionally protected material and not in violation of V.T.C.A., Penal Code § 43.24 which prohibits sale, distribution or display of harmful material to minors.
(Code 1983, § 12-86; Ord. No. B-436, § 1, 7-23-1987)
It shall be unlawful for the owner, manager and/or employee of any business engaged in retail sales of adult material, which by the name of the business, the advertisements for the business or the advertisements displayed on the outside surfaces of the structure, including glass windows, holds itself out to be an adult bookstore or adult newsstand to permit a child to enter and/or remain in said business, who is not accompanied by parent, or guardian.
(Code 1983, § 12-87; Ord. No. B-436, § 1, 7-23-1987)
This article is intended to reduce the exposure of children to adult material which the community deems inappropriate for exposure to children without parental supervision. Nothing herein is intended to prevent the adult community from having access to constitutionally protected material, nor to create an unreasonable impediment to the adult public access. It is the intent of this article to balance the rights of the adult community with the need to protect children from material that the community deems inappropriate for children without parental supervision. A court, when called upon to interpret this article, shall first look to the constitutional rights of the adult community and then to the reasonableness of the restriction of access to the child. The court is further informed that this article is solely for the purpose of restricting access to adult material to children, so that the parent or legal guardian may fulfill the duties of providing educational direction for morals, family beliefs, ethics and standards. The court is further informed that the purpose of this article is to establish a standard for material that is commercially available to a child which is more restrictive than that which would normally be deemed constitutionally protected, but which a reasonably prudent parent would deem inappropriate for their child, children, or ward to consume or examine without prior parental knowledge. The court, when called upon to determine if any given material is in fact adult material, shall apply a local community standard of what a reasonably prudent parent would deem inappropriate for general unsupervised availability and the court is not limited to examination of the work was a whole, but may look to any portion less than the whole to determine if the material is in fact adult material. The court may also consider the manner of presentation or self declared purpose or audience of the material or the manner in which the material or publisher thereof, chooses to market the material to a given adult audience, if that advertisement or self declared purpose would lead a reasonably prudent parent to believe that the material was intended for an adult audience. The court is further advised that it is not the intent to criminalize the viewing of material which a national or local community standard or rating system has authorized for the commercial viewing by persons of a younger age.