Rialto Municipal Code Ch. 9.37 Regulation of Display of Reading Material

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, grocery stores, drug stores and other retail outlets in such a manner that children, often of tender years, are exposed to video cassettes, book and magazine 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 council finds that it is in the best interest of public health, safety and welfare to restrict the display of reading material 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. 922 (part), 1985)

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

A. "Commercial establishment" means any place of business in which minors are permitted in the city.

B. "Explicit sexual depictions" means any picture, photograph, drawing, decoration, or other illustration depicting:

1. Stimulation of human genitals, or otherwise emphasing the genitals;

2. Acts of human masturbation, sexual intercourse, sodomy, bestiality, buggery, cunnilingus, fellatio, pederasty, homosexuality, sado-masochism or similar acts;

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

C. "Person" means any individual, partnership, firm, association, corporation or other legal entity.

D. "Reading material" means any book, magazine, pamphlet, video cassette or newspaper offered for sale in a commercial establishment.

(Ord. 922 (part), 1985)

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. 922 (part), 1985)

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 center 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 readily visible to patrons in the other areas of the store. Minors shall not be permitted to enter an "Adults Only" area.

(Ord. 922 (part), 1985)

Reading materials having covers with explicit sexual depictions may be displayed in an area open to the general public in a commercial establishment only if the cover depictions are not visible. Opaque display units showing only the top two inches of magazine covers shall be deemed to comply with this section.

(Ord. 922 (part), 1985)

Notwithstanding any other section of this code, no criminal penalty is provided for the violation of this chapter. Violation of any section or sections of this chapter is declared to be a public nuisance and may be abated by the city.

(Ord. 922 (part), 1985)