Certain establishments, not otherwise defined as adult businesses, market and offer devices for the stimulation of human genital organs. Because these establishments are not "adult businesses" as legally defined, they are regulated in the same manner as any other business establishments. Without regulating the primary purposes of such business establishments, the Board of Supervisors has concluded that the marketing of such devices in proximity to places where minors gather or are required to gather is inimical to the health and welfare of those minors.
Additionally, proposals have been made concerning establishments which would rent, lease, hire or otherwise offer to temporary use devices which are designed or marketed for the stimulation of human genital organs. The County's Public Health Officer has determined that the use of such devices by multiple, successive persons may lead to the spread of certain sexually transmitted diseases. As a result, the Board of Supervisors has concluded that this activity is inimical to the health and welfare of County residents without regard to areas in which it may be conducted.
(SCC 1349 § 1, 2007)
A. 
Within 1,000 feet of child day care center, library, public park, church, community center, public or private school, designated school bus stop, or indoor or outdoor recreation facilities that are primarily designed to serve persons under the age of 18, it shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise designed as useful primarily for the stimulation of human genital organs will be determined to be marketed as so useful if it is marketed or offered in that manner.
B. 
The 1,000 foot separation shall be measured as a radius from the primary entrance of the business or establishment distributing any such device to the nearest property line of the property so used.
C. 
The provisions of this section shall not apply to the "in-home" sale of such devices to invited guests of the owner or tenant of a residential unit, provided such sales do not occur within a single residential unit more than two times per year.
(SCC 1349 § 1, 2007)
It is unlawful anywhere within the County for any person to knowingly rent, lease, hire or offer for temporary use any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise designed as useful primarily for the stimulation of human genital organs will be determined to be marketed as so useful if it is marketed or offered in that manner.
(SCC 1349 § 1, 2007)
It shall be an affirmative defense to a charge of violating this chapter that the act charged was done for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose.
(SCC 1349 § 1, 2007)
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section or subsection so declared to be unconstitutional or invalid.
(SCC 1349 § 1, 2007)