Alameda Municipal Code § 4-38 Display of Harmful Matter in Public Places and Commercial Establishments

As used in this article:

Adults-only area shall mean an area from which minors are excluded.

Blinder rack shall mean an opaque device, display unit or other method which completely conceals any harmful matter.

Commercial establishment shall mean the interior of any place of business open to the public in which minors are permitted.

Harmful matter and matter shall mean and is defined as in California Penal Code Section 313 as said section now exists or may from time to time be amended.

Minor shall mean any natural person under eighteen (18) years of age.

Newsrack shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale or distribution of newspapers, periodicals or other publications.

Public place shall mean and includes any public right-of-way or property owned or controlled by a public agency, or any outdoor private property which is open to the public.

(Ord. No. 2725 N.S. § 1)

a. No harmful matter shall be displayed in newsracks in a public place, other than a public place from which minors are excluded, unless blinder racks are placed in front of the harmful matter so that the lower two-thirds of the harmful matter is not exposed to view.

b. No harmful matter shall be displayed in a commercial establishment, other than in commercial establishments from which minors are excluded, unless blinder racks are placed in front of the harmful matter so that the lower two-thirds of the harmful matter is not exposed to view.

(Ord. No. 2725 N.S. § 1)

Display of harmful matter in commercial establishments in which minors are permitted is limited to any adults-only area subject to the following conditions:

1. The adults-only area shall be clearly posted for adults only; and

2. No minors shall be permitted to enter the adults-only area; and

3. The entrance to the adults-only area shall be visible to the operator or staff of such commercial establishment; and

4. The harmful matter shall not be displayed in such a manner as to be readily visible from outside of the adults-only area.

(Ord. No. 2725 N.S. § 1)

It shall be unlawful to display harmful matter contrary to this section.

(Ord. No. 2725 N.S. § 1)