§ 28-4. Regulated display of sexually oriented merchandise.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Business operator means any person who owns, leases, operates or manages a business establishment, or anyone who is employed by a business establishment.

Child or children means any person less than 18 years of age.

Merchandise shall be deemed to include, but not be limited to, any banner, button, clothing (including but not limited to hats), figurine, game, greeting card, magnet, photograph, postcard, novelty item, poster, sculpture, souvenir, sticker, towel, or similar item, whether or not the item is offered for sale.

Sexually oriented merchandise means any merchandise which graphically depicts or describes human or animal sexual activities or body organs in an indecent manner. This shall include any depiction or description, whether by pictorial representation or by written language, sexual intercourse, masturbation, sadomasochistic abuse, sexual penetration with an inanimate object, sodomy, bestiality, uncovered genitals, buttocks, or the female breast, covered genitals in an obvious state of sexual stimulation or arousal, or the fondling or other erotic touching of genitals, the groin, buttocks or the female breast.

(b)

It shall be unlawful for:

(1)

Any business operator to display sexually oriented merchandise; unless such merchandise is confined to an area of the business establishment that is separate and enclosed so that the merchandise is inaccessible to and out of the view of children and cannot be viewed from outside the business establishment; or

(2)

A business operator to sell sexually oriented merchandise to a child or to permit a child to enter the area where sexually oriented merchandise is displayed unless the child is accompanied by a parent, guardian, or other person having legal custody and control of the child.

(c)

Any business owner who displays sexually oriented merchandise shall prominently display a sign as necessary to notify anyone entering an area where sexually oriented merchandise is displayed that sexually oriented merchandise is displayed and no one under the age of 18 years may enter the area unless accompanied by a parent or a legal guardian.

(d)

Any person who violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $500.00 or 30 days in jail. As to those portions of this section which prohibit the business owner from displaying sexually oriented merchandise unless certain conditions are fulfilled, each day the business establishment continues in violation of those portions shall constitute a separate violation of this article.

(e)

This section shall not be deemed to supersede any provision of state law, nor shall it be interpreted to authorize the display or sale of obscene materials.

(Ord. No. 96-20, § 1, 12-9-1996)