Ridgecrest Municipal Code § 10-163 Definitions

Any violation of this article is a public nuisance that may be abated as provided by law.

(Code 1980, § 6-35.4; Ord. No. 92-13, § 3)

Every person who violates any provision of this article is guilty of an infraction for the first offense and is guilty of a misdemeanor for subsequent offenses that occur within 12 months of the first offense.

(Code 1980, § 6-35.5; Ord. No. 92-13, § 3)

(a) No person shall display merchandise depicting sexual activity or merchandise intended to assist or promote sexual activity in any commercial establishment except in areas set aside and clearly posted for adults only or displayed within opaque units.

(b) Adults only areas shall be visible from the cash register or sales center of the store. No item frequently purchased by minors shall be located in the vicinity of the adults only area. Minors shall not be permitted to enter an adults only area. Merchandise with sexually explicit depictions shall not be visible to persons outside the adults only area.

(Code 1980, § 6-35.1; Ord. No. 92-13, § 3)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Assist or promote sexual activity means any device that is used or useful for:

(1) Stimulation of human genitals, or otherwise emphasizing 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.

Commercial establishment means any place of business located within the city in which minors are permitted.

Depicting sexual activity means any picture, photograph, drawing, decoration or other illustration depicting:

(1) Stimulation of human genitals, or otherwise emphasizing 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.

Merchandise means any book, magazine, pamphlet, video cassette or disk, newspaper, or tangible personal property offered for sale, rent, lease or loan.

Opaque display units means display units that show only the top two inches of magazine covers.

(Code 1980, § 6-35.2; Ord. No. 92-13, § 3)

Nothing contained herein shall prohibit:

(1) A minor having proprietary interests in or managerial control of the ordinary and routine operation of a commercial establishment from entering the adults only areas of the commercial establishment.

(2) Employing or allowing a minor to act in a proprietary or managerial capacity with respect to the operation of a commercial establishment including adults only areas of a commercial establishment.

(3) Admitting a minor to an adults only area of a commercial establishment if the minor is accompanied by an adult who represents himself as the minor's parent or guardian.

(4) Allowing a minor to enter the adults only area of a commercial establishment, when not accompanied by parent or guardian, if the minor presents false documentation of being at least 18 years of age and the documentation appears to be legitimate to an average, prudent person.

(5) Allowing a minor to legally purchase contraceptive devices.

(Code 1980, § 6-35.3; Ord. No. 92-13, § 3)