§ 9.10.020. Definitions.

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Blinder racks" means any opaque item or device which rests on or in front of harmful matter in such a manner that the lower two-thirds of the matter is not exposed to view.

"Business establishment" means any indoor or outdoor commercial enterprise which distributes or exhibits harmful matter in such a manner that such matter can be viewed by passersby or by patrons inside the enterprise.

"Distribute" or "distribution" means to transfer possession of, whether with or without consideration.

"Exhibit" or "exhibition" means to show.

"Harmful matter" shall have the same meaning as the term "harmful matter" prescribed by paragraph (a) of Section 313 of the California Penal Code, as that Section may hereafter be amended.

"Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, or any statue or other figure.

"Minor" means any natural person who is under the age of 18 years

"Newsrack" or "vending device" means any mechanism which is located on public property or located in a business establishment in such a manner that the contents can be viewed by members of the general public, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public.

"Person" means any corporation, partnership, limited liability company or sole proprietorship which owns a business establishment, newsrack or vending device, and any natural person who is responsible for the operation or maintenance of a business establishment, newsrack or vending device including, but not limited to, clerks who are responsible for on-site operation or maintenance of a business establishment.

(Ord. No. 809, § 1, 3-6-01)