As used in this chapter:
A. “Display for sale” means placed within reach and accessible to persons under the age of 18 years, or the public, and does not include the shelving or storage of magazines, books or publications reasonably beyond the reach of customers or the public.
B. “Knowingly” means being aware of the character of the material, either directly, or because of its outward appearance, or its reputation.
C. “Person” means any individual, partnership, firm, association, corporation or other legal entity.
D. “Sexually explicit material” means a photograph or pictorial representation of a person’s genitals or anus, or of any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, which, when to the average person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront. (Ord. 12127 § 1, 1980.)

No person shall knowingly display for sale, or knowingly cause or permit to be displayed for sale, in any business open to persons under the age of 18 years not accompanied by a parent or guardian, any magazine, book or other publication containing illustrations of sexually explicit material unless such magazine, book or other publication is stapled closed, sealed in a wrapper, or is by any other means served in such a manner as to prevent its being opened prior to sale. (Ord. 12127 § 2(a), 1980.)

No person shall knowingly display the cover of a book, magazine or other publication which cover illustrates sexually explicit material in a place where such cover may be readily viewed by persons under the age of 18 years. Such cover shall be covered from view when displayed in such locations. (Ord. 12127 § 2 (b), 1980.)

The provisions of Section 8.28.030 shall not apply to any business which is not open to persons under the age of 18 and which has a sign posted at each door intended for public entrance which shall read: “Notice, this business displays sexually explicit materials. Admission of persons under 18 years of age unless accompanied by a parent or guardian is prohibited.” The letters composing such sign each shall be a minimum of three inches high. (Ord. 12127 § 2(c), 1980.)

Every person who violates any provision of this chapter is guilty of an infraction, punishable by a fine of not more than $100.00. Every person who, having been twice convicted of any violation of this chapter, is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment in the County Jail for not more than 30 days, or both, provided that both of the prior violations occurred within a two-year period of the subsequent violation. (Ord. 12127 § 3, 1980.)