Chapter 9.34
DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS
Sections:
9.34.020 Sealing of materials.
9.34.030 Exemption to sealing.
9.34.050 Minor need not view or gain control of material.
9.34.060 Defense in prosecution.
9.34.070 Exemption of parent or guardian.
9.34.090 Exemption of business person.
9.34.100 Penalties, prior convictions.
9.34.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings as ascribed to them by this section:
A. “Harmful Matter.” The terms, or meaning of the terms, “harmful matter to minors” has no applicability to this chapter.
B. “Person” means any individual, partnership, firm, association, corporation, or legal entity. (Ord. 1472 § 1, 1980.)
9.34.020 Sealing of materials.
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 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. (Ord. 1472 § 1, 1980.)
9.34.030 Exemption to sealing.
Any book, magazine, or other publication or matter need not be wrapped, stapled closed or sealed when displaying from an area which places such book, magazine, or other publication or matter reasonably beyond the reach of any minor; provided, that no such book, magazine, or other publication or matter depicts any photograph or pictorial representation, as set forth in CMC 9.34.020, 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 photograph or pictorial representation shall be covered from view whether or not wrapped, stapled closed or by any other means sealed as required by this chapter. (Ord. 1472 § 1, 1980.)
9.34.040 Posting of signs.
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 set forth in CMC 9.34.020 and which is not wrapped, stapled closed, sealed or covered, as required by CMC 9.34.020 and 9.34.030, 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. Covina Municipal Code Chapter 9.34.” The sign shall be not less than one square foot in area and the letters shall be not less than two inches in height. (Ord. 1472 § 1, 1980.)
9.34.050 Minor need not view or gain control of material.
To commit a violation of CMC 9.34.020 or 9.34.030, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as set forth in CMC 9.34.020 or 9.34.030, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by CMC 9.34.020 or 9.34.030. (Ord. 1472 § 1, 1980.)
9.34.060 Defense in prosecution.
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 set forth in CMC 9.34.020. 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 set forth in CMC 9.34.020. (Ord. 1472 § 1, 1980.)
9.34.070 Exemption of parent or guardian.
Nothing in this chapter shall prohibit any parent or guardian from having his child or ward accompany him into any business otherwise in violation of any of the provisions of this chapter. (Ord. 1472 § 1, 1980.)
9.34.080 Persons exempt.
The provisions of this chapter, with respect to the displaying of, causing to be displayed or permitting to be displayed any book, magazine, or other publication or matter as set forth in CMC 9.34.020 or 9.34.030, shall apply only to persons having proprietary interests 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. (Ord. 1472 § 1, 1980.)
9.34.090 Exemption of business person.
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 set forth in CMC 9.34.020; 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 least 18 years of age, when to the average and prudent person such documentation would appear legitimate. (Ord. 1472 § 1, 1980.)
9.34.100 Penalties, prior convictions.
Every person who violates any provision of this chapter is guilty of an infraction. Every person who 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 $500.00, or imprisonment in the county jail for not more than 30 days, or both; provided, that both of the prior violations occurred within a two-year period of the subsequent violation. (Ord. 1472 § 1, 1980.)