Livermore Municipal Code Art. II Display Of Sexually Explicit Reading Material

The City Council finds and declares that there exists in the City a tendency toward a display of adult magazines and books in liquor stores, grocery markets, drugstores and other retail outlets in such a manner that children, often of tender years, are exposed to explicit sexual activity and showing human genitals and pubic regions in a sexually explicit manner. The City Council finds that such exposure establishes a tone in the community inconsistent with morality and good order. The Council, therefore, finds that it is in the best interest of public health, safety and welfare to restrict the display of reading material with sexually explicit covers and to adopt the following regulations so that the adverse impacts of such material on children and the community as a whole will be kept to a minimum.

(1960 code § 2A.12; Ord. 2065 § 1(A), 2018)

The following words and phrases used in this article shall be defined as follows:

A.

"Commercial establishment"

means any place of business in which minors are permitted in the City;

B.

"Sexually explicit covers"

means any picture, photograph, drawing, decoration or other illustration depicting specified sexual activities or specified anatomical areas, as defined in LMC § 5.08.020.

(1960 code § 2A.13; Ord. 2065 § 1(A), 2018)

No person shall display reading material having sexually explicit covers in any commercial establishment in the City except as provided in this article.

(1960 code § 2A.14; Ord. 2065 § 1(A), 2018)

Reading material having sexually explicit covers may be displayed in a commercial establishment in an area set aside and clearly posted for adults only. "Adults only" areas shall be visible from the cash register or sales center of the store. No items frequently purchased by children shall be located in the vicinity of the "adults only" area, and the material with sexually explicit covers shall be displayed in such a manner that sexually explicit depictions are not readily visible to patrons in other areas of the store. Minors shall not be permitted to enter an "adults only" area.

(1960 code § 2A.15)

Reading materials having sexually explicit covers may be displayed in an area open to the general public in a commercial establishment only if the cover depictions are not visible. Opaque display units showing only the top two inches of magazine covers shall be deemed to comply with this section.

(1960 code § 2A.16)

A. Notwithstanding any other section of this code, no criminal penalty is provided for the violation of this article. Violation of any section or sections of this article is declared to be a public nuisance and may be abated by the City.

B. Pursuant to Government Code Section 38773.5, the cost of the abatement of the nuisance shall constitute a special assessment against the parcel on which the nuisance exists. Such assessment may be collected at the same time and in the-same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

(1960 code § 2A.17; Ord. 2065 § 1(A), 2018)