Chino Municipal Code Ch. 9.30 Display of Books, Magazines and Other Publications

For the purposes of this chapter, the following words and phrases shall have the meanings as ascribed to them by this section:

A. Harmful Matter to Minors. The term or meaning of the term "harmful matter to minors" has no applicability to this chapter.

B. Person. "Person" means any individual, partnership, firm, association, corporation, or legal entity.

(Ord. 80-15 § 1 (part), 1980.)

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 pictural representation has as its primary purpose, design or effect sexual arousal, gratification or affront; unless such book, magazine, or other publication or matter 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, whereby such photograph or pictorial representation may become exposed to the view of any minor.

(Ord. 80-15 § 1 (part), 1980.)

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 books, magazine, or other publication or matter depicts any photograph or pictorial representation, as defined in Section 9.30.020, 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.

(Ord. 80-15 § 1 (part), 1980.)

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 as defined by Section 9.30.020, and which is not wrapped, stapled closed, sealed or covered as required by Sections 9.30.020 and 9.30.030, 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. Chino Municipal Code Section 9.30.040." Said sign shall be not less than one square foot in area and the letters shall be not less than two inches in height.

(Ord. 80-15 § 1 (part), 1980.)

To commit a violation of Sections 9.30.020 or 9.30.030, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as defined by Sections 9.30.020 or 9.30.030, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by Sections 9.30.020 or 9.30.030.

(Ord. 80-15 § 1 (part), 1980.)

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 San Bernardino County-wide reputation, would not cause the average adult person to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by this chapter in Section 9.30.020. It may also 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 as defined by Section 9.30.020.

(Ord. 80-15 § 1 (part), 1980.)

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

(Ord. 80-15 § 1 (part), 1980.)

The provisions of this chapter with respect to the display, causing to be displayed or permitting to be displayed any book, magazine, or other publication or matter as defined by this chapter in Sections 9.30.020 or 9.30.030, shall apply only to persons having proprietary interest 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.

(Ord. 80-15 § 1 (part), 1980.)

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 as defined by Section 9.30.020, provided that the minor is accompanied by an adult who represents him/ herself 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 eighteen years of age, when to the average and prudent person such documentation would appear legitimate.

(Ord. 80-15 § 1 (part), 1980.)

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

(Ord. 80-15 § 1 (part), 1980.)