Newport Beach Municipal Code Ch. 10.60 Regulation of Display of Material, Which Is Harmful to Minors, in A…

The City Council finds and declares:

A. There has been an increase in the display of harmful material at grocery stores, convenience stores, drug stores and other retail outlets within the City of Newport Beach;

B. This harmful matter is often displayed in easy view of, and readily accessible to, minors;

C. With limited exceptions, the Legislature has preempted local regulation of the sale or display of harmful matter to minors;

D. The Legislature has authorized cities to adopt an ordinance prohibiting the display of material which is harmful to minors in a public place, except areas from which minors are excluded, unless the material is covered by devices commonly known as blinder racks;

E. This ordinance represents the full extent of the authority given to the City by the State relative to the regulation of harmful matter, and is a reasonable regulation on the time, place, and manner in which harmful matter may be displayed.

(Ord. 94-15 § 1 (part), 1994)

As used in this chapter:

A.

“Harmful matter”

shall be defined as specified in California Penal Code Section 313(a);

B.

“Matter”

shall be defined as specified in California Penal Code Section 313(b);

C.

“Knowingly”

shall mean being aware of the character of the matter;

D.

“Exhibit”

shall mean to show or display to members of the public;

E.

“Minor”

shall mean any natural person under eighteen (18) years of age.

(Ord. 94-15 § 1 (part), 1994; Ord. 2023-22 § 487, 2023)

A. No person shall knowingly exhibit harmful matter in any public place unless blinder racks or covers have been placed in front of the matter, so that the lower two-thirds of the matter is not exposed to public view;

B. The provisions of subsection (A) shall not apply to display of harmful matter in any public place from which minors are excluded.

(Ord. 94-15 § 1 (part), 1994)