Chapter 9.69 — SEALING OF SEXUALLY EXPLICIT MATERIAL

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

A.

"Commercial purpose" means and includes, displaying, advertising, or attracting for the purpose of merchandising or selling.

B.

Harmful Matter. The term or meaning of the term "harmful matter to minors" as defined by state law, has no applicability to this chapter.

(Ord. 5504 § 1 (part), 1981)

No person shall, for commercial purposes, knowingly, display, in any business at any time open to minors, unless the minor is 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 in this community 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.

(Ord. 5504 § 1 (part), 1981)

As defined in Section 9.69.020, 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 9.69.020, 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.

(Ord. 5504 § 1 (part), 1981)

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 9.69.020 of this chapter and which is not wrapped, stapled closed, sealed or covered as required by Sections 9.69.020 and 9.69.030 of this chapter, 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 BUILDING DISPLAYS SEXUALLY EXPLICIT MATERIALS.

ADMISSION TO MINORS IS PRO-HIBITED BY LAW UNLESS ACCOM-PANIED BY A PARENT OR GUARDIAN. PASADENA MUNICIPAL CODE SECTION CHAPTER 9.69.

The sign shall be not less than 1 square foot in area and the letters shall be not less than 2 inches in height.

(Ord. 5504 § 1 (part), 1981)

To commit a violation of Sections 9.69.020 and 9.69.030 of this chapter 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 Sections 9.69.020 or 9.69.030 of this chapter, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by Sections 9.69.020 or 9.69.030 of this chapter.

(Ord. 5504 § 1 (part), 1981)

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 countywide reputation would not cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 9.69.020. 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 countywide reputation would cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by Section 9.69.020.

(Ord. 5504 § 1 (part), 1981)

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

(Ord. 5504 § 1 (part), 1981)

The provisions of this chapter with respect to the display of any book, magazine, or other publication or matter as defined in Sections 9.69.020 or 9.69.030 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.

(Ord. 5504 § 1 (part), 1981)

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 in Section 9.69.020; provided, that the minor is accompanied by an adult who represents himself 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.

(Ord. 5504 § 1 (part), 1981)

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; provided, that both of the prior violations occurred within 2 years of the subsequent violation.

(Ord. 5504 § 1 (part), 1981)

Any violation of this chapter is a public nuisance and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state. This remedy is in addition to any other remedy provided by law, including the penalty provisions of this chapter.

(Ord. 5504 § 1 (part), 1981)

This chapter shall apply to existing as well as new businesses.

(Ord. 5504 § 1 (part), 1981)