§ 23-62. Display of certain merchandise at business establishments in areas accessible to juveniles.

(a)

The City of Virginia Beach hereby finds and declares that juveniles are confronted on a daily basis by the public display and sale of merchandise which graphically depicts or describes sexual activities or organs in an indecent manner and which is, therefore, inappropriate for their viewing. By adoption of this section, it is the intent of the city to aid parents in the exercise of their primary responsibility for the health and welfare of their children and to help protect the physical and psychological well-being of juveniles by shielding juveniles from the harmful influences of exposure to such merchandise in businesses which are open to the general public.

(b)

For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:

Juvenile shall mean any person less than eighteen (18) years of age.

Knowingly shall mean having general knowledge of, or a reason to know, or a belief or ground for belief which warrants further inspection or inquiry as to, the age of a juvenile.

Merchandise shall be deemed to include, but shall not be limited to, any banner, button, clothing (including hats), figurine, game, greeting card, magnet, photograph, postcard, poster, sculpture, souvenir, sticker, towel or similar item, whether or not the item is offered for sale.

To depict or describe sexual activities or organs in an indecent manner shall mean to graphically depict or describe, by visual representation and/or language, sexual intercourse, masturbation, sadomasochistic abuse, sexual penetration with an inanimate object, sodomy, bestiality, uncovered genitals, buttocks, or female breasts, covered genitals in a state of sexual stimulation or arousal, or the fondling or other erotic touching of genitals, the pubic region, buttocks or the female breast.

(c)

Any person who owns, leases or manages a business establishment which displays and/or offers for sale merchandise which depicts or describes sexual activities or organs in an indecent manner shall be required to place such merchandise in an area of the establishment whereby the merchandise is inaccessible to, and out of the plain view of, juveniles; and no person to whom this subsection applies shall knowingly permit a juvenile to enter any such area or to purchase any such merchandise unless the juvenile is accompanied by a parent, guardian or other adult person having care, custody or control of such juvenile.

(d)

Any person who violates this section shall be guilty of a Class 4 misdemeanor. Furthermore, in addition to the penalty imposed for violation of this section, the city may seek injunctive relief in the circuit court of the City of Virginia Beach, pursuant to section 15.1-904 of the Code of Virginia, as amended, to enjoin a continuing violation hereof.

(e)

It is the intent of this section to regulate the display of inappropriate and indecent materials to juveniles; this section shall not be deemed to supersede any provision of chapter 22 of this Code pertaining to the display or sale of obscene materials to juveniles, nor shall this section be interpreted to authorize the display or sale of obscene materials.

(Ord. No. 2380, 4-23-96)

(Ord. No. 2380, 4-23-96)