§ 13-59. Definitions.  


Latest version.
  • As used in this article, the following words and phrases shall have the following meanings:

    (a)

    Adult reading material means any magazine, drawing or newspaper which contains on the cover any photograph, picture, drawing or depiction of any of the following, and adult multimedia material means any video and/or audio tape, disk, or other medium capable of being viewed by electronic, electro-mechanical or other means which contains on the cover, container, or an exterior surface any photograph, picture, drawing or depiction of any of the following:

    (1)

    The complete exposure of the entire nipple or entire areola area of any female breast or breasts except those of infants; and

    (2)

    The complete exposure of the entire genitalia or buttocks of either males or females, except those of infants.

    These definitions of "adult reading material" and "adult multimedia material" do not include any of the following:

    i.

    Medical publications and multimedia materials or bona fide educational publications and multimedia materials;

    ii.

    Any art or photography publication or multimedia product which devotes at least twenty-five (25) percent of the lineage of each edition to articles and advertisements dealing with the subjects of art or photography;

    iii.

    Any news periodical which reports or describes current events and which, from time to time, publishes or incorporates images of nude or semi-nude persons in connection with dissemination of the news;

    iv.

    Publications and multimedia products which describe and report on different cultures, and which, from time to time, publish photographs or incorporate depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.

    (b)

    Display means the exhibiting within the open view of patrons, invitees or other persons, of adult reading material and/or adult multimedia material for sale. "Display" shall include the exhibiting of adult reading material and/or adult multimedia material from news racks, video monitors, or newspaper vending stands.

(Ord. of 8-11-86; Ord. of 12-14-99)