§ 54-317. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 the harmful matter can be viewed by patrons inside the enterprise.

Distribute and distribution mean to transfer possession of, whether with or without consideration.

Exhibit and exhibition mean to show.

Harmful means the same as the term "harmful matter" prescribed by Penal Code § 313(a).

Matter means any book, magazine, newspaper, or other printed or written material; 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 and vending device mean a privately owned mechanism which is located on public property or located on private property in such a manner that the contents can be viewed by members of the general public from public property, and which contains harmful matter for purposes of distribution or exhibition which can be seen by the general public from public property.

Person means any corporation, partnership 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 machine, including but not limited to clerks who are responsible for on-site operation or maintenance of a business establishment.

Public property means:

(1)

Any sidewalk, pathway or street which is open to and traveled or utilized by members of the general public, whether legal title thereto is privately held or vested in a public agency, including but not limited to common areas in shopping malls frequented by patrons to gain access to retail enterprises; and

(2)

Parks, lands or buildings operated by and in which a public agency possesses a property interest, which are open to members of the general public.

(Ord. No. 97-01, § 2(9.98.005—9.98.055), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference

Definitions generally, § 1-2.