San Leandro Municipal Code Art. 2 General

(Legislative History: Ordinance No. 85-033, 9/30/85; Ordinance No. 97-023, 8/4/97 (Sections 4-29-200, 4-29-205, 4-29-210, 4-29-211); Ordinance No. 2002-032, 12/9/02 (Section 4-29-215))

No person shall display harmful matter in any commercial establishment in the City of San Leandro except as provided herein.

Harmful matter 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 regularly and customarily purchased by persons under 18 years of age shall be located in the vicinity of the "adults only" area, and said harmful matter shall be displayed in such a manner that it is not readily visible to patrons in other areas of the establishment. Minors shall not be permitted to enter an "adults only" area.

Notwithstanding the provisions of Section 4-29-205 herein to the contrary, harmful matter may be displayed in an area open to the general public in a commercial establishment only if the lower 2/3 of the cover of the matter is not visible. Opaque display units showing only the top two inches of magazine covers shall be deemed to comply with this section.

Harmful matter may not be displayed on racks and in vending machines located in public areas where minors are neither excluded nor prohibited.

Any violations of the provisions of this Chapter are expressly deemed and declared to be a public nuisance, and such violation shall be abated in the manner provided in Chapter 1-12.