§ 7-2-8. Harmful materials to minors.

A.

Definitions. For the purposes of this Section:

1.

Adult. An adult is a person 18 years of age or older.

2.

Harmful material. The term "harmful material" means material which the average person applying contemporary standards find its predominant appeal, taken as a whole, is to prurient interest that is a shameful or morbid interest in nudity, sex or excretion which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal. The predominant appeal to prurient interest of the material shall be judged with reference to average minors of the same general age of the minor to whom such material was sold, rented or exhibited, unless it appears from the nature of the matter or the circumstances of its sale, rental or exhibition that it is designed for specially susceptible groups, in which case, the predominant appeal of the material shall be judged with reference to its intended or probable recipient group. Where circumstances of sale, rental or exhibition indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal. The following material is presumed to contain harmful material but the presumption may be rebutted:

a.

Material rated X by the Motion Picture Association of America; or

b.

Material with any of the following designations:

(1)

X-rated or X material;

(2)

XXX rated, or XXX material;

(3)

Adults only rated or adults only material;

(4)

Not for sale to or not for viewing by minors;

(5)

Any combination of the above designations.

3.

Knowingly. Knowingly means having knowledge of the contents of the subject matter or the age of the recipient of harmful material or recklessly failing to exercise reasonable inspection which would have disclosed the contents of the material, or failing to exercise reasonable care in ascertaining the true age of the recipient of the material.

4.

Material. The term material means any writing, picture, record or other representation or embodiment.

5.

Minor. A minor is a person under 18 years of age.

6.

Peruse. The term peruse means to read, examine or view.

7.

Promotional material. The term "promotional material" means any and all boxes, containers, brochures, leaflets, posters, wrappers, packaging or other material visually depicting harmful material.

8.

Visual depiction. The term visual depiction means a representation consisting of pictures, photographs, drawings, slides, video, film or other visual medium.

B.

No person having custody, control, supervision of, or employed in any commercial establishment open to minors shall knowingly sell, rent or exhibit harmful material to a minor.

C.

A rebuttable presumption shall be made that harmful material has not been exhibited to a minor if:

1.

A separate adult display area is maintained for such material which area:

a.

A separate adult display area is maintained for such material which area:

(1)

is enclosed in such a manner that material in the area is not visible from outside the area; and

(2)

a sign is posted at the point of ingress prohibiting entry by minors, and further provided the material is not removed from the area without an opaque cover or other system which prevents exhibition of the material to a minor; or

2.

The material is blocked from view by an opaque cover or other system which prevents exhibition to a minor, or

3.

The material is kept out of public view and available only upon request by an adult.

D.

Nothing contained herein shall prohibit any minor employee of a commercial establishment from handling a commercial transaction involving harmful material provided no visual depiction of harmful material is visible to the minor and provided the minor employee is not allowed to peruse harmful material.

E.

Minor Falsifying Age. No minor shall falsify his or her age for the purpose of procuring harmful materials. Any person under 18 years of age who falsely states, either orally or in writing, that he is not under the age of 18 years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material, shall be guilty of an offense under this Section.

F.

No minor may rent from any person, purchase, or peruse harmful material. No minor shall enter or be permitted by any person in a separate adult display area.

(Ord. No. 3729-2005, § 1, 6-20-05)