§ 22-48. Display of sexually explicit materials in establishments open to minors; sale or rental of certain videocassettes to minors.

(a)

No person shall display in a business establishment, open to persons under 17 years of age, any book, pamphlet, newspaper, film, videocassette or magazine, the cover of which depicts:

(1)

Human sexual intercourse, masturbation, or sodomy;

(2)

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;

(3)

Human genitals, buttocks, or that portion of the female breast below the top of the areola less than completely and opaquely covered; or

(4)

Human male genitals in a discernibly turgid state, whether covered or uncovered;

in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain.

(b)

In this section, the term "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

(1)

It is available to the general public for handling and inspection; or

(2)

The cover, outside packaging, or contents of the item is visible to members of the general public.

(c)

A person commits an offense if, in a business establishment that rents or sells videocassettes to the public:

(1)

He rents or sells a videocassette of a motion picture having an "X" rating to a person under 18 years of age; or

(2)

He rents or sells a videocassette of a motion picture having an "R" rating to a person under 17 years age, unless that person has provided to the establishment written proof of consent to such rental or sale of that person's parent or legal guardian.

(d)

The ratings referred to in subsection (c) of this section may be those promulgated by the motion picture industry or those set for particular motion pictures by their producers or distributors or by the distributors of the particular videocassette.

(Code 1982, § 18-3; Ord. No. 76-3, § 1, 3-1-1976; Ord. No. 85-6, § 1, 1-21-1985; Ord. No. 88-23, § 1, 6-20-1988)