Beaumont Municipal Code Ch. 9.10 Restrictions on the Public Display of Harmful Materials to Minors

The purpose of this Chapter is to protect public health, safety and welfare and to protect minors in this City from viewing harmful matter as defined herein. This Ordinance is authorized by California Penal Code, Section 313.1.

(Ord. No. 809, § 1, 3-6-01)

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Blinder racks" means any opaque item or device which rests on or in front of harmful matter in such a manner that the lower two-thirds of the matter is not exposed to view.

"Business establishment" means any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in such a manner that such matter can be viewed by passersby or by patrons inside the enterprise.

"Distribute" or "distribution" means to transfer possession of, whether with or without consideration.

"Exhibit" or "exhibition" means to show.

"Harmful matter" shall have the same meaning as the term "harmful matter" prescribed by paragraph (a) of Section 313 of the California Penal Code, as that Section may hereafter be amended.

"Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, or any statue or other figure.

"Minor" means any natural person who is under the age of 18 years

"Newsrack" or "vending device" means any mechanism which is located on public property or located in a business establishment in such a manner that the contents can be viewed by members of the general public, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public.

"Person" means any corporation, partnership, limited liability company or sole proprietorship which owns a business establishment, newsrack or vending device, and any natural person who is responsible for the operation or maintenance of a business establishment, newsrack or vending device including, but not limited to, clerks who are responsible for on-site operation or maintenance of a business establishment.

(Ord. No. 809, § 1, 3-6-01)

It is unlawful for any person to own, operate or maintain a newsrack or vending device exhibiting harmful matter within the City unless blinder racks are placed in front of harmful matter thereon or contained therein, or such newsracks or vending devices are located in an area from which minors are excluded.

(Ord. No. 809, § 1, 3-6-01)

Any person who owns, operates or maintains a news rack or vending device exhibiting harmful matter within the City, whether or not blinder racks are placed in front of harmful matter thereon or contained therein, shall supervise access to such racks or devices by minors. Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly fails to supervise access to harmful matter by such minor, shall be guilty of an unlawful distribution of such matter and shall be punished as specified in Section 9.10.050 of this chapter.

(Ord. 819, 12/01, Section 1)

In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an administrative citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both.

(Ord. 997, 5-3-11)