Torrance Municipal Code Art. 8 Public Display of Sexually-Oriented Matter

For the purpose of this Article, the following words shall have the meanings respectively ascribed to them:

a) Nudity. Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast below the top of the nipple, with less than a fully opaque covering.

b) Sexual Conduct. Sexual conduct means any physical contact with the human male or female genitals, pubic area, buttocks, clothed or unclothed, or with the female breast, clothed or unclothed.

c) Sexual Excitement. Sexual excitement means the condition of covered human male genitals in a discernibly turgid state.

d) Sado-masochistic Abuse. Sado-masochistic abuse means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

e) Sexually-Oriented Matter. Sexually-oriented matter means any picture, drawing, photograph, or other pictorial representation of nudity, sexual conduct, sexual excitement or sado-machochistic abuse.

f) Person. Person means any individual, partnership, firm, association, corporation or other legal entity.

The display, exhibition or showing of any sexually-oriented matter in advertisements, posters, publications, announcements, or any other display visible from public streets or from adjacent buildings or premises, as an offer for sale or for the purpose of attracting, luring or enticing patrons or purchasers, is declared a public nuisance and is prohibited.

Any person who maintains, permits, or allows a public display of sexually-oriented matter to exist upon public or private property within this City shall be sent by certified mail, return receipt requested, a copy of this Article and a notice of the time and place of a hearing to be held by the Administrative Hearing Board for the purpose of determining whether the display constitutes a public nuisance, as defined in Section 45.8.2. of this Article. Said hearing shall be held by the Administrative Hearing Board within five (5) working days after the mailing date of said notice. If the Administrative Hearing Board determines that the display constitutes a public nuisance as set forth in Section 45.8.2. said nuisance must be removed or abated within twenty-four (24) hours after the Board has announced its decision at the conclusion of the hearing.

If any public display determined to be a public nuisance by the Administrative Hearing Board continues to exist after twenty-four (24) hours following the announcement of the Board’s decision, the City Manager may take reasonable steps to remove or abate said nuisance.

a) Any person aggrieved by the action of the Administrative Hearing Board shall have a right of appeal as provided by Division 1, Chapter 1, Article 5 of the Municipal Code.

b) Notwithstanding that such an appeal is filed, the sexually-oriented matter which is the subject to the appeal must be removed or abated within twenty-four (24) hours after the Board has announced its decision. Said display may not be re-exhibited during the interim between its removal and the commencement of the hearing before the City Council.

c) No display which has been removed pursuant to the provisions of this Article may be re-exhibited after an appeal has been heard by the City Council unless the Council determines that the display does not constitute a public nuisance as defined in Section 45.8.2. of this Article.

(Added by O-2977; O-2978)

As used in Section 45.8.7. the following words shall mean:

a) Sexually explicit material means a photograph or pictorial presentation of a person’s genitals or anus or of any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality whether actual or simulated which when to the average person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront.

b) Person means any individual, partnership, firm, association, corporation or other legal entity.

c) Knowingly means being aware of the character of the material either directly, or because of its outward appearance or its reputation.

d) Display for sale means placed within the reach or accessible to persons under the age of 18 years and does not include the shelving or storage of magazines, books or publications reasonably beyond the reach of customers or the public.

(Added by O-2977; O-2978)

a) No person shall knowingly display for sale, or knowingly cause or permit to be displayed for sale, in any business open to persons under the age of 18 years not accompanied by a parent or guardian, any magazine, book or other publication containing illustrations of sexually explicit material unless such magazine, book or other publication is stapled closed, sealed in a wrapper, or is by any other means sealed in such a manner as to prevent its being opened prior to sale.

b) No person shall knowingly display the cover of a book, magazine or other publication which cover illustrates sexually explicit material in a place where such cover may be readily viewed by persons under the age of eighteen (18) years. Such cover shall be covered from view when displayed in such locations.

c) It is unlawful for any person to permit, direct or cause any other person to do any of the acts prohibited by this Section.

d) The provisions of the preceding paragraphs shall not apply to any business which is not open to persons under the age of eighteen (18) years and which shall read, Notice, this business displays sexually explicit materials. Admission of persons under eighteen (18) years of age unless accompanied by a parent or guardian is prohibited. The letters composing such sign shall each be a minimum of three inches high.

(Added by O-2977; O-2978)

A violation of Section 45.8.7. is sufficient grounds for revocation of the business license of the premises if said violation is committed by the licensee or his employee and is found to be willful.