[HISTORY: Adopted by the Town Council of the Town of West Hartford 9-10-1985. Amendments noted where applicable.]
It is the purpose of this chapter to regulate the commercial display of explicit sexual materials in order to shield minors from exposure to material which is deemed obscene to minors.
As used in this chapter, the following terms shall have the meanings indicated:
- Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry as to the character or content of any material described herein.
- Any book, magazine or other publication or matter which is capable of being used or adopted to arouse prurient, shameful or morbid interest in sexual activity.
- OBSCENE AS TO MINORS
- Material which depicts a prohibited sexual act and, taken as a whole, is harmful to minors. For purposes of this section "minor" means any person less than 17 years old, and "harmful to minors" means that quality of a prohibited sexual act, when it predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors and, taken as a whole, lacks serious literary, artistic, educational, political or scientific value for minors.
- PROHIBITED SEXUAL ACT
- Erotic fondling, nude performance, sexual excitement, sadomasochistic abuse, masturbation or sexual intercourse within the meaning of C.G.S. § 53a-193.
No person shall, for commercial purposes, knowingly display, cause to be displayed or permit to be displayed in any business open to minors any material which depicts any photograph or pictorial representation which is obscene as to minors unless such publication is bound by an opaque covering or wrapper. However, if the cover of such material is not in and of itself obscene, the material may be packaged in an opaque covering or in a sealed transparent plastic wrapper or otherwise stapled or sealed in such a manner as to reasonably restrict and deter its being opened prior to sale.
Any material need not be wrapped, sealed or stapled closed in accordance with § 125-3 of this chapter when displayed from an area which places such material reasonably beyond the reach of any minor, provided that no such material depicts an obscene photograph or pictorial representation on its cover or elsewhere whereby such photograph or pictorial representation may by virtue of its display be readily viewed by a minor, in which case such material shall be covered by an opaque wrapper or such other material as shall bar from view any obscene photograph or pictorial representation on its cover or elsewhere.
This chapter shall not be subject to the provisions of § 1-8 of the Code of the Town of West Hartford.