Chapter 8.12
PUBLIC DISPLAY OF SEXUALLY EXPLICIT MATERIAL

Sections:

8.12.010    Definitions.

8.12.020    Public display of sexually explicit material—Restrictions.

8.12.030    Minors obtaining sexually explicit material prohibited.

8.12.040    Minor acting as a salesperson prohibited.

8.12.050    Requiring minor to handle sexually explicit material prohibited.

8.12.060    Exemptions.

8.12.070    Violation—Penalty.

8.12.010 Definitions.

As used in this chapter, the following words shall have the meaning as set forth herein:

(a)    “Public place” means any place in which the general public has a right to be present, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those in which food or drink is served, or entertainment provided; provided, if access to the interior of a building is restricted to persons eighteen years of age or older and any sexually explicit material displayed therein is not visible from the outside of said building or from any place in said building that is open to persons under eighteen years of age, then the interior of said building to which access is so restricted is not a “public place” for purposes of this chapter.

(b)    “Sexual intercourse” has its ordinary meaning and occurs for the purposes of this chapter as defined under the provisions of RCW 9.68A.011.

(c)    “Sexually explicit material” means any motion picture, photograph, pictures, video-cassette, printed picture or any other object or publication on which or in which is pictorially depicted sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relations, or emphasizing the depiction of adult human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section, such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection. (Ord. 717 § 1, 1985).

8.12.020 Public display of sexually explicit material—Restrictions.

(a)    It is unlawful for any person to knowingly place sexually explicit material upon public display, or to knowingly fail to take prompt action to remove or display in accordance with the restrictions set forth herein, sexually explicit materials displayed from or on property in his possession or control after learning of the existence of such sexually explicit material.

(b)    Material is placed upon “public display” if it is placed on a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case, counter, or similar place so that sexually explicit material is visible from a public place.

(c)    Sexually explicit material may be placed on public display if:

(1)    A covering is affixed over the material so that the only portion of the material that is visible is the name of the publication;

(2)    The material is placed in a location accessible only to employees/owners of the business establishment; and

(3)    Such display racks, shelves, cases or other display equipment is labeled “adults only” in lettering of sufficient size and clarity to be normally readable from within the public place. (Ord. 717 § 2, 1985).

8.12.030 Minors obtaining sexually explicit material prohibited.

It is unlawful for persons under eighteen years of age to buy, rent, or acquire by other means, sexually explicit material from any public place. (Ord. 717 § 3, 1985).

8.12.040 Minor acting as a salesperson prohibited.

It is unlawful for persons under eighteen years of age to act on the capacity of, or on behalf of, a clerk, owner, manager or employee of any public place, to disperse sexually explicit material which is for sale, rent or review. (Ord. 717 § 4, 1985).

8.12.050 Requiring minor to handle sexually explicit material prohibited.

It is unlawful for the owner, manager or any other person in a position of authority in a public place, to allow or require any employee under the age of eighteen years to handle, sell or disperse sexually explicit material. (Ord. 717 § 5, 1985).

8.12.060 Exemptions.

The prohibition set forth herein shall not apply to classes, seminars or lectures conducted solely for scientific or educational purposes, or public libraries. (Ord. 717 § 6, 1985).

8.12.070 Violation—Penalty.

Any person violating any provision of this chapter is guilty of an infraction and, upon conviction thereof, shall be fined a sum not to exceed two hundred fifty dollars. (Ord. 717 § 7, 1985).