Pinole Municipal Code Ch. 9.36 Display of Adult Books, Magazines and Other Publications

The City Council finds and declares that there exists in the city a tendency toward a display of adult magazines, books and video cassette tapes in liquor stores, video rental stores and other retail outlets in such a manner that children, often of tender years, are exposed to magazine, book and video cassette tape covers depicting explicit sexual activity and showing human genitals and pubic regions in a sexually explicit manner. The City Council finds that such exposure establishes a tone in the community inconsistent with morality and good order and creates a public nuisance.

The City Council finds that it is in the best interest of the public health, safety and welfare to regulate the display of reading materials with sexually explicit covers and to adopt the regulations set out in this chapter so that the adverse impacts of such material on children and the community as a whole will be kept to a minimum. (Ord. 576 § 1(part), 1995).

The following words, terms and phrases used in this chapter shall be defined, as follows:

COMMERCIAL ESTABLISHMENT. Any place of business in the city where minors are permitted.

EXPLICIT SEXUAL DEPICTIONS. Any picture, photograph, drawing, decoration or other illustration depicting:

1. The entire nipple area or entire areola area of any female breast or breasts, except those of prepubescent minors;

2. The entire genitalia or buttocks of either males or females, except those of prepubescent minors;

3. Stimulation of human genitals or otherwise emphasizing the genitals;

4. Acts of human masturbation, sexual intercourse, sodomy, bestiality, buggery, cunnilingus, fellatio, pederasty, homosexuality, sadomasochism or similar acts;

5. Fondling or other erotic touching of human genitals, pubic regions or female breasts.

The definition of explicit sexual depictions does not include any art or photography publication. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or seminude persons in connection with dissemination of the news. Nor does this definition apply to publications which describe and report on different cultures and which, from time to time, publish photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the population. Medical publications or bona fide educational publications do not usually publish on their covers any photograph or depiction which is included in the definition of explicit sexual depictions, and that therefore, it is not necessary to define this type of publication.

MINOR. Any natural person under eighteen years of age.

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

READING MATERIAL. Any book, magazine, pamphlet, video cassette tape or newspaper offered for sale in a commercial establishment. (Ord. 576 § 1(part), 1995).

No person shall display reading material having covers with explicit sexual depictions in any commercial establishment in the city except as provided in this chapter. (Ord. 576 § 1 (part), 1995).

Except as authorized in Section 9.36.050, reading material having covers with explicit sexual depictions may be displayed in a commercial establishment in an area set aside and clearly posted for adults only. Adults only areas shall be visible from the cash register or sales counter of the store. No items frequently purchased by children shall be located in the vicinity of the adults only area, and the material with sexually explicit depictions are not to be readily visible to patrons in the other areas of the store. Minors shall not be permitted to enter an adults only area. (Ord. 576 § 1(part), 1995).

Reading material having covers with explicit sexual depictions may be displayed in an area open to the general public in a commercial establishment only if the explicit sexual depictions are not visible. Opaque display units showing only the top two inches of magazine, book or video cassette tape covers shall be deemed to comply with this section. (Ord. 576 §1(part), 1995).

Violation of any section or sections of this chapter is declared to be a public nuisance and may be abated by the city in accordance with Chapter 1.12 of this code and California Civil Code Section 3479 et seq. (Ord. 576 § 1(part), 1995).