San Juan Capistrano Municipal Code Ch. 22 Display of Adult Materials Harmful to Minors

The City Council finds that there exists and has existed an increasing trend toward the display of harmful matter within the meaning of California Penal Code Section 313 et seq., at grocery stores, convenience stores, drugstores, video rental outlets and other retail stores within the City of San Juan Capistrano. Said material is often displayed within the open view of minors and is easily accessible to them. The City Council finds that this material is adverse to the public peace, morals and good order of minors. The Council further finds that it is in the best interest of the public safety, welfare and convenience of the City to restrict the display of said material and to adopt the following regulation so that adverse impacts upon minors are mitigated.

(Ord. No. 703, § 1)

The display of material which is harmful to minors, as defined in Chapter 7.6 of Title 9 of the California Penal Code, (Section 313 et seq., thereof) in a public place, other than a public place from which minors are excluded, is prohibited unless a device commonly known as a blinder rack is placed in front of such material, so that the lower two-thirds of the material is not exposed to view.

(Ord. No. 703, § 1)

Every day that this chapter is violated shall be a separate violation of this chapter. Every violation of this chapter shall be punishable as a misdemeanor.

(Ord. No. 703, § 1)