For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense includes the future tense, words in the plural number include the singular number, and words in the singular number include the plural number:
"Display for sale"
means any merchandise which is for sale or rent, placed within reach and accessible to persons under the age of eighteen years or the public and does not include the shelving or storage of magazines, books, publications, or video cassette tapes beyond the reach of customers or the public.
"Knowingly"
means being aware of the character of the material either directly, or because of its outward appearance or its reputation.
"Person"
means any individual, partnership, firm, association, corporation or other legal entity.
"Sexually explicit material"
means a photograph or pictorial representation of a person's genitals or anus or of any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, which when to the average person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront.
(Ord. 1225 § 1, 1980; Ord. 1384 § 2, 1986)
A. 
No person shall knowingly display for sale or knowingly cause or permit to be displayed for sale, in any business open to persons under the age of eighteen years not accompanied by a parent or guardian, any magazine, book or other publication containing illustrations of sexually explicit material unless such magazine, book or other publication is stapled closed, sealed in a wrapper, or is by any other means sealed in such a manner as to prevent its being opened prior to sale.
B. 
No person shall knowingly display the cover of a book, magazine or other publication which cover illustrates sexually explicit material in a place where such cover may be readily viewed by persons under the age of eighteen years. Such cover shall be covered from view when displayed in such locations.
C. 
The provisions of subsections A and B of this section shall not apply to any business which is not open to persons under the age of eighteen and which has a sign posted at each door intended for public entrance which shall read:
Notice, this business displays sexually explicit materials. Admission of persons under eighteen years of age unless accompanied by a parent or guardian is prohibited.
The letters composing such sign shall be a minimum of three inches high.
D. 
No person shall knowingly display for sale or rent any video cassette tapes which portray sexually explicit material except as provided by paragraph C of this section. unless the video cassette tapes are in a separate area not visible to the general public, and at the entrance to said separate area. a sign is posted which shall read:
Notice, this area displays sexually explicit materials. Admissions of persons under eighteen years of age to this area is prohibited.
The letters composing such sign shall be a minimum of three inches high.
(Ord. 1225 § 1, 1980; Ord. 1384 § 3, 1986)
Every person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or imprisonment in the county jail for not more than six months, or both.
(Ord. 1225 § 1, 1980)