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)
As used in this chapter, the terms prescribed by Sections 9.98.000 through 9.98.055 below, shall be ascribed the meanings contained therein.
(SCC 0785 § 1, 1989)
shall mean any opaque item or device which rests on or in
front of Harmful Matter in such a manner that the lower two-thirds
of the Matter is not exposed to view.
(SCC 0785 § 1, 1989)
shall mean any indoor or outdoor commercial enterprise which
Distributes or Exhibits Harmful Matter in such a manner that the Harmful
Matter can be viewed by patrons inside the enterprise.
(SCC 0785 § 1, 1989)
shall mean to transfer possession of, whether with or without
consideration.
(SCC 0785 § 1, 1989)
shall mean to show.
(SCC 0785 § 1, 1989)
shall be ascribed the same meaning as the terms "Harmful
Matter" prescribed by Paragraph "(a)" of Section 313 of the California
Penal Code, as said Section may hereafter be amended.
(SCC 0785 § 1, 1989)
shall mean any book, magazine, newspaper, or other printed
or written material, or any picture, drawing or photograph, or any
statue or other figure.
(SCC 0785 § 1, 1989)
shall mean any natural person who is under the age of eighteen
years.
(SCC 0785 § 1, 1989)
shall mean a privately owned mechanism which is located on
Public Property or located on private property in such a manner that
the contents can be viewed by members of the general public from Public
Property, and which contains Harmful Matter for purposes of Distribution
or Exhibition which can be seen by the general public from Public
Property.
(SCC 0785 § 1, 1989)
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)
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)
