Mission Viejo Municipal Code Ch. 11.12 Sale and Display of Adult Paraphernalia

Footnotes:

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Cross reference— Citations in lieu of immediate arraignment, ch. 1.08.

State Law reference— Harmful matter, Penal Code § 313 et seq.

The city council does find that there exists at local business establishments an increasing trend toward the sale and display of adult paraphernalia which are designed for use in connection with sexual activity. The council finds that minors entering local business establishments are being involuntarily exposed to such items, and that such items are easily accessible to minors. The city council further finds that it is in the best interest of the public health, safety and welfare to restrict the sale and display of such items and to adopt this chapter so that adverse impacts upon minors are kept to a minimum.

(Ord. No. 90-46, § 1(11.12.010), 5-14-90)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult paraphernalia means all instruments, devices, accouterments, contrivances or apparatus of any kind which are designed for use or marketed for use, which aid or assist in the stimulation and/or performance of specified sexual activity.

Business means any commercial enterprise or establishment, whether ongoing or transient, and whether occupying indoor or outdoor premises.

Display means to show or to have available for viewing.

Minor means any person under 18 years of age.

Sell means to transfer possession of, for consideration or as a gratuity.

Specified sexual activity means and includes any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

(2) Sex acts, normal or perverted, including intercourse, oral copulation or sodomy.

(3) Masturbation.

(Ord. No. 90-46, § 1(11.12.020), 5-14-90)

Cross reference— Definitions generally, § 1.01.170.

No owner, manager, proprietor or other person in charge or control of any place of business selling, offering for sale, or displaying for the purpose of sale any adult paraphernalia shall allow or permit any minor to be in, remain in, enter or visit the room or rooms where such selling, offering for sale, or displaying occurs unless such minor is accompanied by one of either his parents or by his legal guardian.

(Ord. No. 90-46, § 1(11.12.030), 5-14-90)

No person shall maintain in any place of business to which the public is invited the display for sale or the offering for sale of any adult paraphernalia except within a separate room or enclosure to which minors not accompanied by parents or legal guardians are excluded.

(Ord. No. 90-46, § 1(11.12.040), 5-14-90)

This chapter shall not apply to the following:

(1) The display or sale of contraceptive devices.

(2) Any pharmacy or other practitioner (within the meaning of the Business and Professions Code §§ 2051, 2902 and 4046) when engaged in the display or sale of devices medically recognized for therapeutic purposes.

(Ord. No. 90-46, § 1(11.12.050), 5-14-90)

The possession of any adult paraphernalia for the purpose of sale, offering for sale or display in an place of business from which minors are not excluded as set forth in this chapter is hereby declared a public nuisance and may be abated pursuant to the provisions of the Code of Civil Procedure § 731. In addition, a compliance order or administrative citation may be issued to the owner of the business, for any violation of this chapter, pursuant to the provisions of chapter 1.02 and chapter 1.03, respectively.

(Ord. No. 90-46, § 1(11.12.060), 5-14-90; Ord. No. 97-174, § 18, 8-18-97)