For the purpose of this chapter, the following words and phrases
shall have the meanings as ascribed to them by this section:
The term or meaning of the term "harmful matter to minors"
has no applicability to this chapter.
means any individual, partnership, firm, association, corporation
or legal entity.
(Prior code § 6450(a))
No person shall for commercial purposes knowingly display, cause
to be displayed or permit to be displayed in any business open to
minors, unless accompanied by a parent or guardian, any book, magazine
or other publication or matter which depicts any photograph or pictorial
representation of any of the anatomical parts of a person's genitals
or anus, or any act of sexual intercourse, oral copulation, sodomy,
masturbation or bestiality, whether actual or simulated, when to the
average adult person such photograph or pictorial representation has
as its primary purpose, design or effect sexual arousal, gratification
or affront, unless such book, magazine or other publication or matter
is sealed in a plastic wrapper, is stapled closed, or is by any other
means sealed in such a manner as to reasonably restrict and deter
its being opened prior to sale, whereby such photograph or pictorial
representation may become exposed to the view of any minor.
(Prior code § 6450(b))
Any book, magazine or other publication or matter described in Section 5.24.020 need not be wrapped, stapled, closed or sealed when displayed from an area which places such book, magazine or other publication or matter beyond the reach of any minor. However, if such book, magazine or other publication or matter depicts any photograph or pictorial representation, as defined in Section 5.24.020, on its cover or elsewhere, whereby such photograph or pictorial representation may be readily viewed by a minor, such photograph or pictorial representation shall be covered from view, whether or not wrapped, stapled closed, or by any other means sealed as required in Section 5.24.020.
(Prior code § 6450(c); Ord. 694 § 24, 1985)
Any business in which, for commercial purposes, there is displayed any book, magazine or other publication or matter which depicts any photograph or pictorial representation, as defined by Section 5.24.020 of this chapter, and which is not wrapped, stapled, closed, sealed or covered as required by Sections 5.24.020 and 5.24.030, shall have a sign posted at each of its doors normally used or intended to be used for public admittance, which shall read: "Notice, this business displays sexually explicit materials. Admission to minors is prohibited by law unless accompanied by a parent or guardian. Pico Rivera Municipal Code Ordinance No. 627." The sign shall be not less than one square foot in area, and the letters shall be not less than two inches in height.
(Prior code § 6450(d))
To commit a violation of Section 5.24.020 or 5.24.030 of this chapter, it is not required that a minor have actually viewed or physically gained control of any book, magazine or other publication or matter, as defined by Section 5.24.020 or 5.24.030 of this chapter, when such book, magazine or other publication is not wrapped, stapled closed, sealed or covered as required by Sections 5.24.020 and 5.24.030 of this chapter.
(Prior code § 6450(e))
A.
It shall
be a defense in any prosecution for any violation of this chapter
that the book, magazine or other publication or matter, by virtue
of its apparent character, outward appearance or contemporary Los
Angeles County-wide reputation, would not cause the average adult
person to reasonably know or suspect that it depicted any photograph
or pictorial representation, as defined by the ordinance codified
in this chapter.
B.
It may also be evidence of a violation of this chapter in any such prosecution that the book, magazine or other publication or matter, by virtue of its apparent character, outward appearance or contemporary county-wide reputation, would cause the average adult person to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by this chapter in Section 5.24.020.
(Prior code § 6450(f))
Nothing in this chapter shall prohibit any parent or guardian
from having his or her child or ward accompany him or her into any
business otherwise in violation of any of the provisions of this chapter.
(Prior code § 6450(g))
The provisions of this chapter, with respect to the display, causing to be displayed, or permitted to be displayed any book, magazine or other publication or matter, as defined in this chapter in Sections 5.24.020 or 5.24.030, shall apply only to persons having proprietary interest in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this chapter.
(Prior code § 6450(h))
Nothing in this chapter shall prohibit any person from admitting a minor into any business which displays any unwrapped, unstapled, unsealed or uncovered book, magazine or other publication or matter which depicts any photograph or pictorial representation, as defined by Section 5.24.020 of this chapter, provided that the minor is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor; or that a minor who, when not accompanied by a parent or guardian, presented false documentation of being at lest eighteen years of age, when to the average and prudent person such documentation would appear legitimate.
(Prior code § 6450(i))
Every person who violates any provision of this chapter is guilty
of an infraction. Every person having been twice convicted for any
violation of this chapter, is upon each subsequent violation 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 thirty
days, or both, provided that both of the prior violations occurred
within two years of the period of the subsequent violation.
(Prior code § 6450(j))
