Alhambra Municipal Code Ch. 9.96 Display of Books, Magazines and Other Publications

The City Council does find that there exists and has existed an increasing trend toward the display of adult reading material at grocery stores, convenience stores, drugstores, and other retail outlets within the city. The adult reading material is often displayed within the open view of children of tender years and is easily accessible to them. The City Council finds that this material is adverse to the public peace, morals and good order of young children. The Council further finds that it is in the best interest of the public safety, welfare and convenience of the city to restrict the display of adult reading material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum.

('86 Code, § 9.96.010) (Ord. 3839, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL PURPOSE. Includes displaying, advertising, or attracting for the purpose of merchandising or selling.

HARMFUL MATTER. The meaning of the term HARMFUL MATTER TO MINORS has no applic-ability to this chapter.

PERSON. Any individual, partnership, firm, association, corporation, or legal entity.

('86 Code, § 9.96.020) (Ord. 3839, passed - - )

No person shall for commercial purposes knowingly display, cause to be displayed or permit to be displayed in any business open to minors, unless accompanied by a parent or guardian, any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront; unless such book, magazine, or other publication or matter in or on which such photograph or pictorial representation may become exposed to the view of any minor is sealed in a plastic wrapper, is stapled closed, or is by any other means sealed in such a manner as to reasonably restrict and deter its being opened prior to sale.

('86 Code, § 9.96.030) (Ord. 3839, passed - - ) Penalty, see § 9.96.110

Any book, magazine, or other publication or matter need not be wrapped, stapled closed or sealed when displayed from an area which places such book, magazine, or other publication or matter reasonably beyond the reach of any minor; provided, that no such book, magazine or other publication or matter depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copula-tion, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront, on its cover or elsewhere, whereby such photograph or pictorial representation may by virtue of its display be readily viewed by a minor, in which case such photograph or pictorial representation shall be covered from view whether or not wrapped, stapled closed or by any other means sealed as required by this chapter.

('86 Code, § 9.96.040) (Ord. 3839, passed - - )

(A) Any business, in which, for commercial purposes, there is displayed any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront and which is not wrapped, stapled closed, sealed or covered as required by §§ 9.96.030 and 9.96.040 of this chapter, shall have a sign posted at each of its doors normally used or intended to be used for public admittance, which shall read:

“NOTICE, this business displays sexually explicit materials. Admission to minors is prohibited by law unless accompanied by a parent or guardian. Alhambra Municipal Code, Chapter 9.96.”

(B) The sign shall be not less than one square foot in area and the letters shall be not less than two inches in height.

('86 Code, § 9.96.050) (Ord. 3839, passed - - )

To commit a violation of §§ 9.96.030 and 9.96.040 of this chapter, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by §§ 9.96.030 and 9.96.040 of this chapter.

('86 Code, § 9.96.060) (Ord. 3839, passed - - ) Penalty, see § 9.96.110

It shall be a defense in any prosecution for any violation of this chapter that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance or contemporary Los Angeles County-wide reputation would not cause the average adult person to reasonably know or suspect that it depicted any photograph or pictorial representa-tion of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representa-tion has as its primary purpose, design or effect sexual arousal, gratification or affront. It may be evidence of a violation of this chapter in any such prosecution that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance, or contemporary county-wide reputation would cause the average adult person to reasonably know or suspect that it depicted any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront.

('86 Code, § 9.96.070) (Ord. 3839, passed - - )

Nothing in this chapter shall prohibit any parent or guardian from having his child or ward accompany him into any business which is in violation of any of the provisions of this chapter.

('86 Code, § 9.96.080) (Ord. 3839, passed - - )

The provisions of this chapter with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront, shall apply only to persons having proprietary interests in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this chapter.

('86 Code, § 9.96.090) (Ord. 3839, passed - - )

Nothing in this chapter shall prohibit any person from admitting a minor into any business which displays any unwrapped, unstapled, unsealed or uncovered book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront; provided, that the minor is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who, when not accompanied by a parent or guardian, presented false documentation of being at least 18 years of age, when to the average and prudent person such documentation would appear legitimate.

('86 Code, § 9.96.100) (Ord. 3839, passed - - )

Every person who violates any provision of this chapter is guilty of an infraction or a misdemeanor. Every person who having been twice convicted for any violation of this chapter is guilty of a mis-demeanor punishable by a fine of not more than $500 or imprisonment in the county jail for not more than 30 days, or both, provided, that both of the prior violations occurred within two years' period of the subsequent violation.

('86 Code, § 9.96.110) (Ord. 3839, passed - - )

Any violation of this chapter is hereby declared to be a public nuisance which may be abated as provided by law in addition to any infraction or misdemeanor offenses.

('86 Code, § 9.96.120) (Ord. 3839, passed - - )