Paramount Municipal Code Art. 2 Adult Books, Magazines and Other Publications

For the purposes of this chapter, the following words and phrases shall have the meanings as ascribed to them by this section:

Harmful matter.

The term or meaning of the term "harmful matter to minors" has no applicability to this chapter.

Person.

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

(Prior code § 11A-1)

No person shall for commercial purposes knowingly display, cause to be displayed or permit to be displayed in any business open to minors, unless accompanied by a parent or guardian, any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront; unless such book, magazine, or other publication or matter is sealed in a plastic wrapper, is stapled closed, or is by any other means sealed in such a manner as to reasonably restrict and deter its being opened prior to sale, whereby such photograph or pictorial representation may become exposed to the view of any minor.

(Prior code § 11A-2)

As defined in Section 5.20.160, any book, magazine, or other publication or matter need not be wrapped, stapled closed or sealed when displayed from an area which places such book, magazine, or other publication or matter reasonably beyond the reach of any minor, provided that no such book, magazine, or other publication or matter depicts any photograph or pictorial representation, as defined in Section 5.20.170, on its cover or elsewhere, whereby such photograph or pictorial representation may by virtue of its display be readily viewed by a minor in which case, such photograph or pictorial representation shall be covered from view whether or not wrapped, stapled closed or by any other means sealed as required by this chapter.

(Prior code § 11A-3)

Any business, in which, for commercial purposes, there is displayed any book, magazine, or other publication or matter which depicts any photograph or pictorial representation as defined by Section 5.20.170 and which is not wrapped, stapled, closed, sealed or covered as required by Sections 5.20.170 and 5.20.180, shall have a sign posted at each of its doors normally used or intended to be used for public admittance, which shall read; "Notice, this business displays sexually explicit materials. Admission to minors is prohibited by law unless accompanied by a parent or guardian. Paramount Municipal Code Ordinance No. 478." Said sign shall be not less than one square foot in area and the letters shall be not less than two inches in height.

(Prior code § 11A-4)

To commit a violation of Section 5.20.170 or 5.20.180 it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as defined by Section 5.20.170 or 5.20.180, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by Section 5.20.170 or 5.20.180.

(Prior code § 11A-5)

It shall be a defense in any prosecution for any violation of this chapter that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance or contemporary Los Angeles County-wide reputation would not cause the average adult person to reasonably know or suspect that it depicted any photograph or pictorial representation as defined in Section 5.20.160. It may also be evidence of a violation of this chapter in any such prosecution, that the book, magazine, or other publication or matter by virtue of its apparent character, outward appearance, or contemporary County-wide reputation would cause the average adult person to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 5.20.170.

(Prior code § 11A-6)

Nothing in this chapter shall prohibit any parent or guardian from having his or her child or ward accompany him or her into any business otherwise in violation of any of the provisions of this chapter.

(Prior code § 11C-7)

The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication or matter as defined in Section 5.20.170 or 5.20.180, shall apply only to persons having proprietary interest in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this chapter.

(Prior code § 11A-8)

Nothing in this chapter shall prohibit any person from admitting a minor into any business which displays any unwrapped, unstapled, unsealed or uncovered book, magazine, or other publication or matter, which depicts any photograph or pictorial representation as defined by Section 5.20.170, provided that the minor is accompanied by an adult who represents him or herself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who when not accompanied by a parent or guardian, presented false documentation of being at least 18 years of age, when to the average and prudent person such documentation would appear legitimate.

(Prior code § 11A-9)

Every person who violates any provision of this chapter is guilty of an infraction. Every person who having been twice convicted for any violation of this chapter, is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than $500.00, or imprisonment in the County Jail for not more than 30 days, or both, provided that both of the prior violations occurred within two years period of the subsequent violation.

(Prior code § 11A-10)