Title 5 - Business Licenses and Regulations

5.05.190 Retail Sales of Adult Media.

1. A.
   Applicability. This section shall apply to any bookstore, video store or other similar retail store in which Adult Media constitutes more than ten (10) percent but not more than forty (40) percent of the store's inventory at any time, or where Adult Media constitutes more than ten (10) percent but not more than forty (40) percent of the merchandise displayed for sale or rental at any time, or where Adult Media occupies more than ten (10) percent but not more than forty (40) percent of the sales floor area of the business (not including store rooms, stock areas, restrooms, or any portion of the business not open to the public) at any time.
2. B.
   Prohibition of Public Display. The owner or Manager of a store to which this section is applicable shall have the affirmative duty to prevent the display of Adult Media at or within the portions of the business open to Minors.
3. C.
   Display of Adult Media. Adult Media in a store to which this section applies shall be kept in a separate room or section of the store, which room or section shall:

   1. 1.
      Not be open to any Minor;
   2. 2.
      Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
   3. 3.
      Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
   4. 4.
      Have access controlled by electronic or other means to provide assurance that Minors will not accidentally enter such room or section.

(History: Ord. AEB-2416 §18, 2003)

Effective on: 1/1/1901