Article 3 — Adult Materials Harmful to Minors

The City Council finds that there exists and has existed an increasing trend toward the display of harmful matter within the meaning of California Penal Code Section 313 et seq., at grocery stores, convenience stores, drugstores, and other retail outlets within the City of Paramount. Said material is often displayed within the open view of children of tender years and is easily accessible to them. The City Council finds that this material is adverse to the public peace, morals and good order of young children. The Council further finds that it is in the best interest of the public safety, welfare and convenience of the City to restrict the display of said material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum.

(Prior code § 11F-1)

Blinder rack. An opaque device, which serves to completely obscure harmful matter, placed in such fashion so that the lower two-thirds of the harmful matter is not exposed to view.

Harmful matter. Matter, taken as a whole, which to the average person, applying contemporary Statewide standards, appeals to the prurient interest, and when, taken as a whole, depicts or describes in a patently offensive way sexual conduct and when, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

Knowingly. Being aware of the character of the matter.

Matter or material. Any book, magazine, newspaper, video, recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials. Matter or material shall also include live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.

Minor. Any natural person under 18 years of age.

Person. Any individual, partnership, firm, association, corporation, or other legal entity.

Public display. The display of harmful material in a place open to the public, including any display on business premises. Display shall not include display in a place from which minors are excluded.

(Prior code § 11F-2)

It is unlawful for any person to knowingly display harmful matter in any public place, other than a public place from which minors are excluded, unless a device commonly known as a blinder rack is placed in front of such material, so that the lower two-thirds of the material is not exposed to view.

(Prior code § 11F-3)

Every day that this chapter is violated shall be a separate violation of this chapter. Every violation of this chapter shall be punishable as a misdemeanor. (Prior code § 11F-4)