Chapter 6.72 — REGULATION OF DISPLAY OF READING MATERIAL

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

A.

"Commercial establishment" shall mean any place of business in which minors are permitted in the City of San José.

B.

"Explicit sexual depictions" shall mean any picture, photograph, drawing, decoration, or other illustration depicting:

Stimulation of human genitals, or otherwise emphasizing the genitals;

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

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

C.

"Person" shall mean any individual, partnership, firm, association, corporation or other legal entity.

D.

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

(Ord. 21793.)

No person shall display reading material having covers with explicit sexual depictions in any commercial establishment in the City of San José except as provided herein.

(Ord. 21793.)

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 covers shall be displayed in such a manner that sexually explicit depictions are not readily visible to patrons in other areas of the store. Minors shall not be permitted to enter an "adults only" area.

(Ord. 21793.)

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. 21793.)

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. 21793.)