San Bernardino Municipal Code Ch. 9.70 Protection of Minors

Any person who knowingly displays material which is harmful to minors, as defined in Cal. Penal Code, § 313, in a public place, other than a public place for which minors are excluded, shall place devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.

(Ord. MC-797, passed 7-2-1991)

(A) This section shall not apply to harmful matter, as defined in Cal. Penal Code, § 313.

(B) Any person who knowingly displays, sells or offers to sell in a public place, other than a public place from which minors are excluded, 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 applying contemporary community standards, such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront shall segregate such material from the other material sold or displayed away from the view and access of minors into an area to which only adults are admitted, and shall clearly label such segregated area as “Adults Only.”

(C) It shall be unlawful to allow minors access or entry to such “Adults Only” areas unless accompanied by a parent or guardian.

(D) It shall be unlawful to display, sell or offer to sell to any minor the material described in division (B) above, unless such minor is accompanied by a parent or guardian.

(E) This section shall not apply to nor require the segregation of news racks.

(Ord. MC-797, passed 7-2-1991)

Violation of this chapter is a misdemeanor.

(Ord. MC-643, passed 11-22-1988; Ord. MC-797, passed 7-2-1991)