Chapter 9.08
DISPLAY OF MATERIALS HARMFUL TO MINORS
Sections:
9.08.020 Display of material which is harmful to minors – Requirement of blinder racks.
9.08.030 Repealed.
9.08.010 Definitions.
Unless otherwise stated, words and terms are defined as follows:
“Exhibit” means to show.
“Harmful material” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
“Knowingly” means being aware of the character of the matter or material.
“Material” means any book, magazine, newspaper, video recording, or other printed or written material or picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or materials. “Material” also includes live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.
“Minor” means any natural person under 18 years of age.
“Person” means any individual, partnership, firm, association, corporation, or other legal entity. (Ord. 142 § 1, 1992)
9.08.020 Display of material which is harmful to minors – Requirement of blinder racks.
A. Display of material which is harmful to minors, as defined in Chapter 7.6 of Title 9 of the California Penal Code, in a public place, other than a public place from which minors are excluded, is prohibited unless a device commonly known as a “blinder rack” is placed in front of such material, so that the lower two-thirds of the material is not exposed to view.
B. “Blinder rack” is defined as an opaque cover, blocking from the view the lower two-thirds of the material, and secure from the reach of minors, in the place where such material is sold, distributed or displayed whether with or without consideration. (Ord. 142 § 2, 1992)
9.08.030 General penalty.
Repealed by Ord. 370. (Ord. 142 § 3, 1992)