Chapter 11.90 — COMMERCIAL DISPLAY OF SEXUALLY EXPLICIT MERCHANDISE

COMMERCIAL DISPLAY OF SEXUALLY EXPLICIT MERCHANDISE

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Explicit sexual acts" means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region.

"Promotional material" means any emblem, painting, banner, pennant, placard, sign, lighting or other item designed to advertise, identify or convey information regarding a product, place, activity, person, institution or business.

"Specified anatomical areas" means the human genitals, pubic region, buttocks, perineum, anus, anal region or any portion of the female breast at or below the upper edge of the areola which is less than completely and/or opaquely covered and human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1436 § 1, 1992)

No person for commercial purposes shall knowingly display, cause to be displayed or permit to be displayed in any business establishment abutting a public or private right-of-way, plaza, pedestrian promenade, arcade or mall any merchandise or promotional material advertising the sale of any merchandise in such a manner as to expose to public view from a public or private right-of-way, plaza, promenade, arcade or mall any of the following:

• (1) Any statements or words describing explicit sexual acts, specified anatomical areas or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront;

• (2) Any picture or illustration of specified anatomical areas of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront; or

• (3) Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

• (Ord. 1436 § 1, 1992)

Any person who offers for sale or sells merchandise as described in Section 11.90.020 shall place such merchandise inside the business establishment in an area separate from the other merchandise offered for sale. The merchandise shall be deemed to be separate from the other merchandise if located on a separate shelf or display rack located at least three feet from the other merchandise.

(Ord. 1436 § 1, 1992)

CHAPTER 11.92 (RESERVED) (Repealed by Ord. 1629, 2003)