Long Beach Municipal Code Ch. 9.60 Regulation of Sexually Explicit Materials

For purposes of this Chapter, the following definitions shall apply:

"Amusement machine" means the following apparatus operated by or for a patron or patrons for amusement, diversion or sport in exchange for financial or other valuable consideration: pinball machines; electronic or video games; shuffleboard games; mini-motion picture projectors; screens and structures; public video projectors, screens, stalls and structures; and the like.

"Explicit sexual act" means any depiction of sexual intercourse, anal intercourse, oral copulation, sodomy, bestiality or masturbation, whether actual or simulated.

"Knowingly" means knowing that any publication, by virtue of its apparent character, outward appearance or contemporary County-wide reputation, would cause the average adult to reasonably know or suspect that the publication depicts on the cover, or contains therein, sexually explicit material.

"Minor" means any natural person under eighteen (18) years of age.

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

"Publication" means a book, magazine, newspaper or other publication or any matter containing photographs or pictorial representations.

"Sexual organ" means any of the anatomical parts of a person's genitals or anus.

"Sexually explicit material" means any photograph or pictorial representation which depicts sexual organs or explicit sexual acts when to the average adult such photograph or pictorial representation has as its primary purpose or effect sexual arousal, gratification or affront.

(Ord. C-6101 § 1 (part), 1984)

No person shall, for commercial purposes, knowingly display, cause to be displayed or permit to be displayed in any business where an amusement machine is open to use by minors any publication which depicts sexually explicit material unless such publication is stored in a display case, having a sliding glass door, or other substantially similar case, cabinet or device in which the publication would be entirely enclosed. Such publication shall also be displayed in such a manner as to prevent any of its sexually explicit material from being readily viewed by any minor.

A minor shall not be given access to any display case, cabinet or device which contains sexually explicit publications and shall not be permitted to purchase such sexually explicit publications at a location subject to this Chapter.

(Ord. C-6101 § 1 (part), 1984)

The provisions of Section 9.60.020 requiring a display case, cabinet or device shall not apply if sexually explicit publications are displayed in a separate room or segregated area where minors are prohibited and where sexually explicit material cannot readily be viewed by a minor from outside such room or area.

(Ord. C-6101 § 1 (part), 1984)

Where minors are accompanied by a parent or guardian, they may be given access to a display case containing sexually explicit publications or be permitted into a separate room or segregated area where sexually explicit publications are displayed and from where minors would otherwise be prohibited.

(Ord. C-6101 § 1 (part), 1984)

Any person who violates any provision of this Chapter is guilty of a misdemeanor.

(Ord. C-6101 § 1 (part), 1984)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. The City Council declares that it would have passed this ordinance codified in this Chapter, and each section, subsection, sentence, clause and phrase thereof even though any one (1) or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional.

(Ord. C-6101 § 1 (part), 1984)