(Legislative History: Ordinance No. 85-033, 9/30/85; Ordinance No. 97-023, 8/4/97 (Section 4-29-100))
As used in this Chapter, the following words and phrases shall have the definition hereinafter set forth:
Commercial Establishment.
"Commercial establishment" shall mean any place of business in which minors are permitted in the City of San Leandro.
Harmful Matter.
"Harmful matter" shall mean matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, as 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 literacy, artistic, political, educational, or scientific value for minors. 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.
Matter.
"Matter" shall mean any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statute or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or materials.
Person.
"Person" shall mean any individual, partnership, firm, association, corporation or other legal entity.
Minor.
"Minor" shall mean any natural person under 18 years of age.
(Legislative History: Ordinance No. 85-033, 9/30/85; Ordinance No. 97-023, 8/4/97 (Sections 4-29-200, 4-29-205, 4-29-210, 4-29-211); Ordinance No. 2002-032, 12/9/02 (Section 4-29-215))
Harmful matter may be displayed in a commercial establishment in an area set aside and clearly posted for adults only. "Adults only" areas shall be visible from the cash register or sales center of the store. No items regularly and customarily purchased by persons under 18 years of age shall be located in the vicinity of the "adults only" area, and said harmful matter shall be displayed in such a manner that it is not readily visible to patrons in other areas of the establishment. Minors shall not be permitted to enter an "adults only" area.
Notwithstanding the provisions of Section 4-29-205 herein to the contrary, harmful matter may be displayed in an area open to the general public in a commercial establishment only if the lower 2/3 of the cover of the matter is not visible. Opaque display units showing only the top two inches of magazine covers shall be deemed to comply with this section.