As used in this article, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
Any business or business operation which sells, distributes
or otherwise conveys any obscene materials described in the definition
of "obscene" herein.
OBSCENE
That which to the average person applying contemporary community
standards, when considered as a whole, has as its dominant theme or
purpose an appeal to the prurient interest. Any magazine, picture,
drawing, photograph or other publication and any mechanical or electronic
gadget, implement or device designed to sexually stimulate shall be
obscene within the meaning of this article, if it is established that:
A.
The dominant theme of the material taken as
a whole appeals to the prurient interest;
B.
The material is patently offensive because it
affronts contemporary community standards relating to the description
or representation of sexual matters; and
C.
The material is utterly without redeeming social
value or the work taken as a whole lacks serious artistic, literary,
political or scientific value.
PERSON
Any individual, firm, corporation, partnership or any other
type or form of business which may be conducted in this state.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No.
06-2]
A. Any person, as defined above, who shall violate any of the prohibitions of §
149-3 shall, upon conviction, be subject to the penalties provided by §
1-15 of this Code.
B. A violation of §
149-3A shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.
C. Every day that the provisions of this article are
violated by any person, as defined herein, shall be a separate and
distinct violation of this article.