§ 14. SALE OR EXHIBITION TO MINORS OF INDECENT PUBLICATIONS, PICTURES, OR ARTICLES

A.

UNLAWFUL

It shall be unlawful for any person, firm, or corporation to willfully or knowingly engage in the business of selling, lending, giving away, showing, advertising for sale, or distributing to any person under the age of eighteen (18) years or to have in possession with intent to engage in the said business or to otherwise offer for sale or commercial distribution to any individual under the age of eighteen (18) years or to display at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public, any motion picture or live show, or any still picture, or photograph, or any book, pocket book, pamphlet, or magazine the cover or content of which exploits, is devoted to, or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which is lewd, lascivious, or indecent, or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust, or perversion for commercial gain or any article or instrument of indecent or immoral use.

B.

DEFINITIONS

For the purposes of this section, the following words shall have the meanings ascribed to them:

(1)

Description or Depictions of Illicit Sex or Sexual Immorality shall mean human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(2)

Nude or Partially Denuded Figures shall mean less than completely and opaquely covered human genitals, pubic regions, buttocks, and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3)

Knowingly shall mean having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection which would disclose the content and character of the same.

C.

PUNISHMENT UPON CONVICTION

Any person, firm, or corporation violating the terms hereof shall, upon conviction, be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00).

(Ordinance 2-79 of February 8, 1979)