Lemoore Municipal Code Ch. 9 Display of Adult Material

The City Council does find that there exists and has existed an increasing trend towards display of adult materials at grocery stores, convenient stores, drug stores, video stores and other retail outlets within the City. This Council recognizes that businesses which sell sexually orientated materials often use objectionable sales and marketing methods which when concentrated can have a deleterious effect upon adjacent areas. It is recognized that many persons are offended by the public display of certain sexual material. Further, adult 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 the protection of young children under the age of eighteen (18) years. The Council further finds that it is in the best interest of the public safety, welfare and convenience of the City to regulate the display of adult material and to adopt the following regulations, pursuant to Penal Code section 313.1(d), so that adverse impacts upon young children are kept to a minimum. (Ord. 9509, 12-5-1995)

As used in this Chapter, the following words and phrases shall have the following meaning:

ADULT MATERIAL: All material that is defined as "harmful matter" in section 313(a) of the California Penal Code which is contained or exhibited in magazines, newspapers, publications, posters, displays, photographs, video recordings or advertisements (including materials appearing on the covers or wrappers of merchandise offered for sale or rent to the public). For purposes of this Chapter, "adult material" includes but is not limited to:

A. The complete or partial exposure of the nipple or the areola area of the female breast except those of infants;

B. The complete or partial exposure of any part of the genitalia, pubic area or buttocks of either males or females, except those of infants;

C. The display or depiction of any of the acts or conduct listed in Penal Code section 313(c)(1).

This definition of "adult material" does not apply to material contained in any scientific or photography publication which devotes at least fifty percent (50%) of the lineage of each edition to articles and advertisements dealing with the subjects of science or the art of photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publish photographs or depictions of nude or semi-nude persons when describing current events.

DISPLAY: Exhibiting or exposing adult material so that it is within open view of patrons, invitees or visitors to the premises where such material is located, or is visible from any public street, thoroughfare, sidewalk or pedestrian way, or other residential or business premises. The prohibitions of this Chapter shall not apply to rooms or places from which minors are both physically and visually excluded by an opaquely covered door or barrier designed in a way that the adult material is not visible from the doorway or entrance, whether it is open or closed. "Display" includes the exhibiting of adult material from news racks or newspaper vending stands or vending machines.

MINORS: Persons under the age of eighteen (18) years.

PERSON: Any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. (Ord. 9509, 12-5-1995)

No person shall display adult material or permit or allow the display of adult material unless blinder racks or wrappings are placed on or in front of such materials such that not less than the lower two-thirds (2/3) of the material is completely and opaquely covered. (Ord. 9509, 12-5-1995)

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, punishable as prescribed in this Code. Any violation of this Chapter constitutes a separate offense for each and every day during which such violation is continued, as provided in this Code. (Ord. 9509, 12-5-1995)

In addition to the criminal penalty provisions provided by this Code, violation of any section or sections of this Chapter is declared to be a public nuisance and may be abated as such by the City. (Ord. 9509, 12-5-1995)

Nothing herein is intended to supersede any other law or rule contained in State or local law or to excuse compliance with such laws. (Ord. 9509, 12-5-1995)