Milpitas Municipal Code Ch. 17 Regulation of Display of Visual Materials

The City Council finds and declares that there exists in the City of Milpitas the display of books, magazines, pamphlets, video cassette tapes, and newspapers in liquor stores, grocery markets, drug stores, shopping centers and other retail outlets or vending machines with covers depicting explicit sexual activity or showing human genitals and pubic areas in a sexually explicit way. These materials are displayed in such a manner that children (often of tender years) are exposed to and can see the covers. The City Council finds that such exposure to children creates a public nuisance and that it is in the best interest of the public health, safety and welfare to regulate the display of such material so that its harmful impact on children will be avoided.

(Ord. 221 (part), 1/8/85)

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

2.01 "Commercial Establishment" shall mean any place of business in which minors are permitted in the City of Milpitas (including, but not limited to, the interior and exterior of said places of business and the appurtenant walkways, roadways, and parking lots).

2.02 "Explicit Sexual Depictions" shall mean any picture, photograph, drawing, declaration, or other illustration depicting:

(a) stimulation of human genitals or which focus upon or emphasize the genitals:

(b) acts of human masturbation, sexual intercourse, oral-genital intercourse, anal intercourse, sexual relations between a person and an animal, sexual gratification through the infliction of or receipt of pain, homosexuality, human excretion or other similar acts;

(c) fondling or other erotic touching of human genitals, pubic regions or female breasts.

2.03 "Person" shall mean any individual, partnership, firm, association, corporation or other legal entity.

2.04 "Visual Material" shall mean any book, magazine, pamphlet, video cassette, or newspaper offered for sale or distribution in a commercial establishment or upon any street, sidewalk, parking lot or other area open to the public.

(Ord. 221 (part), 1/8/85)

No person shall display visual material having covers with explicit sexual depictions in any commercial establishment or in a vending machine upon any street, sidewalk, parking lot or other area open to the public in the City of Milpitas except as provided herein.

(Ord. 221 (part), 1/8/85)

4.01 Opaque Displays

Visual material having covers with explicit sexual depictions may be displayed in an area open to the general public in a commercial establishment or in a vending machine on a street, sidewalk, parking lot or other area open to the public (provided, however, that said vending machine on a street, sidewalk, parking lot or other area open to the public is expressly authorized by statute or ordinance of the City of Milpitas) only if the cover depiction is not visible. Opaque display units showing only the name of the visual material (i.e. the book, magazine, pamphlet, video cassette tape, or newspaper) shall be permissible provided, however, that the display of the name shall not also display any explicit sexual depiction.

4.02 Establishments with Contained "Adults Only" Area

Visual material having covers with explicit sexual depictions may be displayed in the interior of a commercial establishment in a separate room or in a partitioned or otherwise enclosed area to which minors are not admitted and which is plainly marked at the entrance by a sign reading "Adults Only."

Material having covers with explicit sexual depictions shall be so displayed in said room or enclosure that the sexually explicit depictions are not visible from other parts of the commercial establishment.

No items frequently purchased by children (as, for example, toys, children's magazines or books, soft drinks, fruit juices, ice cream, candy or other confections, milk, bread or fruit) shall be located within fifteen (15) feet of the entrance of said room or enclosure.

The entrance to said room or enclosure shall be restricted by a door or gate which shall remain closed except during ingress or egress.

(Ord. 221.1, 11/4/86; Ord. 221 (part), 1/8/85)

The display of visual material having covers with explicit sexual depictions in any commercial establishment or upon any street, sidewalk, parking lot or other area open to the public in the City of Milpitas in violation of the provisions of this Chapter is hereby declared to be a public nuisance.

(Ord. 221 (part), 1/8/85)

Notwithstanding any other provision of this Code, no criminal penalty is provided for the violation of this Chapter. Violation of any provision of this Chapter may be abated by the City of Milpitas as a public nuisance. The City Attorney shall, upon order of the City Council, commence action or proceedings for the abatement or removal or enjoinment of any nuisance herein declared in the manner provided by law.

(Ord. 221 (part), 1/8/85)