Temple City Municipal Code Ch. 9 Display of Books, Magazines and Other Publications

For the purposes of this chapter the following words and phrases shall have the meanings as ascribed to them by this section:

COMMERCIAL PURPOSES: Means and includes, displaying, advertising or attracting for the purpose of merchandising or selling.

HARMFUL MATTER: The term or meaning of the term "harmful matter to minors" as defined by state law, has no applicability to this chapter.

PERSON: Any individual, partnership, firm, association, corporation or legal entity. (1960 Code; amd. Ord. 80-497)

No person shall for commercial purposes knowingly display, cause to be displayed or permit to be displayed in any business at any time open to minors (unless accompanied by a parent or guardian) 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 in this community such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront; unless such book is stapled closed, or is by any other means sealed in such a manner as to reasonably restrict and deter its being opened prior to sale, whereby such photograph or pictorial representation may become exposed to the view of any minor. (1960 Code)

As defined in section 4-9-1 of this chapter, any book, magazine or other publication or matter need not be wrapped, stapled, closed or sealed when displayed from an area which places such book, magazines or other publication or matter reasonably beyond the reach of any minor, provided that no such book, magazine or other publication or matter depicts any photograph or pictorial representation, as defined in section 4-9-1 of this chapter, on its cover or elsewhere, whereby such photograph or pictorial representation may by virtue of its display be readily viewed by a minor in which case, such photograph or pictorial representation shall be covered from view whether or not wrapped, stapled closed or by any other means sealed as required by this chapter. Also exempted shall be any publication classified as a newspaper containing at least forty percent (40%) of its columnar inches devoted to news, current events and public commentaries (and capable of being entered as second class matter in the U.S. post office), with a bona fide subscription list of at least one percent (1%) of the population of this city.

Further exempted shall be materials in public libraries and in bona fide theatrical productions. (1960 Code)

Any business, in which, for commercial purposes, there is displayed any book, magazine or other publication or matter which depicts any photograph or pictorial representation as defined by section 4-9-1 of this chapter and which is not wrapped, stapled closed, sealed or covered as required by sections 4-9-1 and 4-9-2 of this chapter, shall have a sign posted at each of its doors normally used or intended to be used for public admittance, which shall read:

Notice, this business displays sexually explicit materials. Admission to minors is prohibited by law unless accompanied by a parent or guardian. Temple City Code Chapter 9, Title 4

Said sign shall be not less than two (2) square feet in area and the letters shall be not less than two inches (2") in height. (1960 Code)

To commit a violation of sections 4-9-1 and 4-9-2 of this chapter it is not required that a minor have actually viewed or physically gained control of any book, magazine or other publication or matter as defined by section 4-9-1 or 4-9-2 of this chapter, when such book, magazine or other publication or matter is not wrapped, stapled closed, sealed or covered as required by section 4-9-1 or 4-9-2 of this chapter. (1960 Code)

It shall be a defense in any prosecution for any violation of this chapter that the book, magazine or other publication or matter by virtue of its apparent character, outward appearance or contemporary Los Angeles countywide reputation would not cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by section 4-9-1 of this chapter. It may also be evidence of a violation of this chapter in any such prosecution that the book, magazine or other publication or matter by virtue of its apparent character, outward appearance, or contemporary countywide reputation would cause the average adult person in this community to reasonably know or suspect that it depicted any photograph or pictorial representation as defined by section 4-9-1 of this chapter. (1960 Code)

Nothing in this chapter shall prohibit any parent or guardian from having his child or ward accompany him into any business otherwise in violation of any of the provisions of this chapter. (1960 Code)

The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine or other publication or matter as defined in section 4-9-1 or 4-9-2 of this chapter, shall apply only to persons having proprietary interest in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this chapter. (1960 Code)

Nothing in this chapter shall prohibit any person from admitting a minor into any business which displays any unwrapped, unstapled, unsealed or uncovered book, magazine or other publication or matter which depicts any photograph or pictorial representation as defined in section 4-9-1 of this chapter provided that the minor is accompanied by an adult who represents himself to be the parent or guardian of the minor and whom the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who when not accompanied by a parent or guardian, presented false documentation of being at least eighteen (18) years of age, when to the average and prudent person such documentation on would appear legitimate. (1960 Code)

Every person who violates any provision of this chapter is guilty of an infraction. Every person who having been twice convicted for any violation of this chapter, is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment in the county jail for not more than thirty (30) days, or both, provided that both of the prior violations occurred within two (2) years period of the subsequent violation. (1960 Code)

Any violation of this chapter is hereby declared to be a public nuisance which may be abated as provided by law in addition to any infraction or misdemeanor offenses. (1960 Code)

This chapter shall become immediately effective and shall apply to existing as well as new businesses. (1960 Code)

Video sales and rental stores shall conform to the following regulations:

A. The rental or sale of adult videos shall be limited to an incidental portion of a video sales and rental store which is the principal use, offering a full range of videos for home viewing.

B. No viewing of adult videos shall be permitted on the premises at any time whatsoever.

C. The display of available adult videos shall be limited to a specified separate area within the business.

D. The "adults only" section shall be separated from other display materials within the store. The "adults only" section shall be situated:

1. So that store operator and employees can monitor activities within the "adults only" section at all times; and

2. So that minors may not observe the content, pictures or jackets of the material.

E. Each such "adults only" section shall be posted with a sign to read "Adults Only" and/or "No One Under 18 Admitted".

F. No displays, posters, advertisements or promotional materials for adult videos shall be visible from outside the store.

G. Each business owner operator of video sales and rental store shall sign an acknowledgment of the above indicated restrictions or a statement that no adult videos will be maintained on the premises.

H. Any video store not complying with the foregoing regulations shall be classified as an "adult business" under section 9-1T-3 of this code. (1960 Code)