For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Display"
means to place in plain view.
"Harmful matter"
means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is to prurient interest, meaning a shameful or morbid interest in nudity, sex, or excretion; and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors.
1. 
When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group.
2. 
In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, educational, or scientific value for minors.
"Matter"
means any book, magazine, newspaper, video movie box/cover or other printed or writ-ten material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.
"Minor"
means any natural person under eighteen years of age.
"Person"
means any individual, partnership, firm, association, corporation or other legal entity.
(Ord. 91-01 §1(part), 1991)
No person shall display harmful matter in a public place, other than a public place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that that which is the harmful matter as defined by Section 9.22.010 of this chapter is not exposed to view. The blinder rack shall expose no more than the top third of the material.
(Ord. 91-01 §1(part), 1991)
A. 
No person shall maintain or operate any place of business in which "harmful matter" as defined in Section 9.22.010 of this chapter are kept, displayed, or offered in any manner, sold, rented, furnished, transferred, or given away, unless such harmful matter is completely and wholly kept, displayed or offered within a separate room or enclosure from which persons under the age of eighteen years who are not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be signposted in reasonable, visible, and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded.
B. 
No owner, manager, proprietor, or other person in charge of any room or enclosure within any place of business in which harmful matter is kept, displayed, or offered in any manner, sold, rented, furnished, transferred, or given away shall permit or allow any person under the age of eighteen years to enter, be in, remain in, or visit such room or enclosure, unless such minor is accompanied by one of his or her parents or his or her legal guardian.
C. 
No person under the age of eighteen years shall enter, be in, remain in, or visit any room or enclosure in any place of business which has been signposted in the manner prescribed in subsection A of this section, unless accompanied by one of his or her parents or by his or her legal guardian.
(Ord. 91-01 §1(part), 1991)
The provisions of subsection B of Section 9.22.030 of this chapter shall not apply to any owner, manager, proprietor, or other person in charge of any room or enclosure within any place of business in which harmful matter is kept, unless the harmful matter is required by the provisions of subsection A of Section 9.22.030 of this chapter to be kept, displayed, offered within such separate room or enclosure.
(Ord. 91-01 §1(part), 1991)
A. 
Misdemeanor. Failure to comply with this chapter shall be a misdemeanor, punishable as provided in Section 1.12.020 of Chapter 1.12 of Title 1 of this code.
B. 
Public Nuisances. A violation of any provision of this chapter is declared to be a public nuisance, subject to abatement pursuant to Section 731 of the Code of Civil Procedure of the state.
C. 
Business Licenses. A violation of any provision of this chapter shall be sufficient grounds for the city manager to revoke, suspend, refuse to renew the business license of the person or entity violating this chapter. A criminal conviction/adverse judgment in a nuisance action shall not be required in order to establish a violation of this chapter for the purposes of revocation, suspension, refusal to issue/renew a business license pursuant to this subsection. Any person/entity aggrieved by the action of the city manager in revoking, suspending, refusing to renew or issue a business license pursuant to this subsection shall have the right to appeal to the city council if done in writing within ten days of the notice of the action by the city manager. Other interested persons may within four days of the city manager's action appeal in writing to the city council.
(Ord. 91-01 §1(part), 1991)