Chapter 9.18
DISPLAY OF HARMFUL MATTER TO MINORS
Sections:
9.18.020 Display in business establishments.
9.18.030 Display in newsracks or vending devices.
9.18.040 Exhibition in display windows.
9.18.050 Penalty for violation.
9.18.000 Purpose.
The City Council hereby finds that the exhibition of harmful matter to minors seriously threatens to corrupt their morals and character.
The interior of business establishments to which members of the general public are admitted constitute “public places” as referenced in Section 313.1(d) of the Penal Code. Business establishments to which members of the general public are admitted are not, when entered by minors, “a public place from which minors are excluded” as referenced in Section 313.1(d) of the Penal Code. It is the intent of this chapter to require business establishments frequented by members of the general public to either: A) prevent minors from entering; or B) shield harmful matter which minors may see with blinder racks in the manner prescribed herein.
It is also the purpose of this chapter to require blinder racks shielding from view harmful matter which may be viewed by minors from public property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.18.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Blinder rack” shall mean any opaque item or device which rests on or in front of harmful matter in such a manner that the lower two-thirds (0.67) of the matter is not exposed to view.
B. “Business establishment” shall mean any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in such a manner that the harmful matter can be viewed by patrons inside the enterprise.
C. “Distribute” or “distribution” shall mean to transfer possession of, whether with or without consideration.
D. “Exhibit” or “exhibition” shall mean to show.
E. “Harmful” shall have the same meaning as the phrase “harmful matter” as defined in Section 313(a) of the California Penal Code, as said section may hereafter be amended.
F. “Matter” shall mean any book, magazine, newspaper, or other printed or written material, or any picture, drawing or photograph, or any statue or other figure.
G. “Minor” shall mean any natural person who is under the age of eighteen (18) years.
H. “Newsrack” or “vending device” shall mean a privately owned mechanism which is located on public property or located on private property in such a manner that the contents can be viewed by members of the general public from public property, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public from public property.
I. “Person” shall mean any corporation, partnership or sole proprietorship which owns a business establishment, newsrack or vending device, and any natural person who is responsible for the operation or maintenance of a business establishment, newsrack or vending machine, including, but not limited to, clerks who are responsible for on-site operation or maintenance of a business establishment.
J. “Public property” shall mean any:
1. Sidewalk, pathway or street which is open to and traveled or utilized by members of the general public, whether legal title thereto is privately held or vested in a public agency, including, but not limited to, common areas in shopping malls frequented by patrons to gain access to retail enterprises; and
2. Parks, land or buildings operated by and in which a public agency possesses a property interest, which are open to members of the general public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.18.020 Display in business establishments.
It shall be unlawful for any person to own, operate or maintain any business establishment within the City to which members of the general public are admitted, unless at the time any minor is within the establishment blinder racks are placed in front of all harmful matter subject to view by patrons.
The provisions of this section shall not be construed to require placement of blinder racks in front of harmful matter displayed within a separate room or partitioned area within the interior of a business establishment frequented by minors when the harmful matter cannot be viewed from other areas of the establishment, unless minors enter the separate room or partitioned area where the harmful matter is displayed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.18.030 Display in newsracks or vending devices.
It shall be unlawful for any person to own, operate or maintain a newsrack or vending device within the City, unless blinder racks are placed in front of harmful matter thereon or contained therein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.18.040 Exhibition in display windows.
It shall be unlawful for any person who owns, operates or maintains a business establishment within the City to place harmful matter in a display window within the establishment in such a manner that the harmful matter can be viewed by members of the general public from public property, unless blinder racks are placed in front of the harmful matter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.18.050 Penalty for violation.
Any person who violates the provisions of this chapter shall be guilty of an infraction which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]