This chapter is enacted pursuant to the authority conferred by Paragraph "(d)" of Section 313.1 of the California Penal Code, and pursuant to the police powers vested in Counties by Article XI, Section 7 of the California Constitution. The Board of Supervisors hereby finds that the Exhibition to Minors of Harmful Matter seriously threatens to corrupt the morals and character of the youth of this County.
The interior of Business Establishments to which members of the general public are admitted constitute "public places" within the meaning of and as those terms are used in Paragraph "(d)" of Section 313.1 of the Penal Code. Business Establishments to which members of the general public are admitted are not, when entered by Minors, "a public place from which minors are excluded" within the meaning of and as those terms are used in Paragraph "(d)" of Section 313.1 of the Penal Code. It is the intent of this chapter to require Business Establishments frequented by members of the general public to either: (i) prevent Minors from entering; or (ii) shield Harmful Matter which Minors may see with Blinder Racks in the manner prescribed herein.
It is also the purpose of this chapter to require Blinder Racks shielding from view Harmful Matter which may be viewed by Minors from Public Property.
(SCC 0785 § 1, 1989)
The term "person"
shall mean any corporation, partnership or sole proprietorship which owns a Business Establishment, News Rack or Vending Device, and any natural person who is responsible for the operation or maintenance of a Business Establishment, News Rack or Vending Machine, including, but not limited to, clerks who are responsible for on-site operation or maintenance of a Business Establishment.
(SCC 0785 § 1, 1989)
The terms "Public Property"
shall mean any: (i) sidewalk, pathway or street which is open to and traveled or utilized by members of the general public, whether legal title thereto is privately held or vested in a public agency, including, but not limited to, common areas in shopping malls frequented by patrons to gain access to retail enterprises; and (ii) parks, land/or buildings operated by and in which a public agency possesses a property interest, which are open to members of the general public.
(SCC 0785 § 1, 1989)
It shall be unlawful for any person to own, operate or maintain any Business Establishment within the unincorporated area of the County to which members of the general public are admitted, unless at the time any Minor is within the Establishment Blinder Racks are placed in front of all Harmful Matter subject to view by patrons.
The provisions of this section shall not be construed to require placement of Blinder Racks in front of Harmful Matter displayed within a separate room or partitioned area within the interior of a Business Establishment frequented by Minors when the Matter cannot be viewed from other areas of the Establishment, unless Minors enter the separate room or partitioned area where the Matter is displayed.
(SCC 0785 § 1, 1989)
It shall be unlawful for any person to own, operate or maintain a News Rack or Vending Device within the unincorporated area of the County, unless Blinder Racks are placed in front of Harmful Matter thereon or contained therein.
(SCC 0785 § 1, 1989)
It shall be unlawful for any person who owns, operates or maintains a Business Establishment within the unincorporated area of the County to place Harmful Matter in a display window within the Establishment in such a manner that the Harmful Matter can be viewed by members of the general public from Public Property, unless Blinder Racks are placed in front of the Harmful Matter.
(SCC 0785 § 1, 1989)
Pursuant to the provisions of Section 25132 of the Government Code, violation of any of the provisions of this Article shall constitute an infraction.
(SCC 0785 § 1, 1989)