Soledad Municipal Code Ch. 9.06 Display of Adult Materials

The city council finds that there exists and has existed an increasing trend toward the display of adult materials at grocery stores, convenience stores, drug stores and other retail outlets within the city. The adult material is often displayed within the open view of children of tender years and is easily accessible to them. The city council finds that this material is adverse to the public peace, morals and good order of young children. The council further finds that it is in the best interest of the public safety, welfare and convenience of the city to prohibit the display of adult material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum.

(Ord. 451 § 1 (Exbt. A) (part), 1986)

As used in this chapter, the following words and phrases shall have the following meanings:

A. "Adult material" means all material that is defined as "harmful matter" in Section 313(a) of the California Penal Code.

B. "Display" means exhibiting or exposing adult material so that it is within open view of patrons, invitees and visitors to the premises where such material is located, except in a public place where minors are excluded, and except where devices commonly known as blinder racks are placed in front of such material so that the lower two-thirds of the material is not exposed to view.

C. "Material" or "matter" means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation.

D. "Person" means any individual, partnership, firm, association, corporation or other legal entity.

(Ord. 495 § 1, 1990: Ord. 451 § 1 (Exbt. A) (part), 1986)

No person shall display adult material, or permit, or allow the display of adult material.

(Ord. 451 § 1 (Exbt. A) (part), 1986)

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, punishable as prescribed in Section 1.04.020 of this code. Any violation of this chapter constitutes a separate offense for each and every day during which such violation is continued, as provided in Section 1.04.040 of this code.

(Ord. 451 § 1 (Exbt. A) (part), 1986)

In addition to the criminal penalty provisions provided by this code, violation of any section or sections of this chapter is declared to be a public nuisance, and may be abated by the city.

(Ord. 451 § 1 (Exbt. A) (part), 1986)