§ 14-84. Display of sexually oriented merchandise.

(a)

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

Business operator shall mean any person who owns, leases, operates or manages or is employed by a business establishment.

Child or children shall mean any person or persons under the age of 18.

Knowingly shall mean having general knowledge of, or a reason to know or a belief or grounds for belief which warrants further inquiry into the age of a person.

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, novelty item, poster, sculpture, souvenir, sticker, towel or similar item, whether or not the item is offered for sale.

Sexually oriented merchandise shall mean any merchandise which graphically depicts or describes human or animal sexual activities or bodily organs in an indecent manner. This shall include any depiction or description, by pictorial representation or language, of any sexual intercourse; masturbation; sadomasochistic abuse; sexual penetration with an inanimate object; sodomy; bestiality; uncovered genitals, buttocks, or female breast; defecation or urination; covered genitals in an obvious state of sexual stimulation or arousal; or the fondling or other erotic touching of genitals, the pubic region, buttocks or female breasts.

(b)

Open display or sale to children unlawful.

(1)

It shall be unlawful for any business operator to display sexually oriented merchandise unless such merchandise is confined to an area of the business establishment that is separate and enclosed so that the merchandise is inaccessible to and out of the view of children and cannot be viewed from outside the business establishment.

(2)

It shall be unlawful for a business operator to knowingly sell sexually oriented merchandise to a child or to permit a child to enter the area where sexually oriented merchandise is displayed unless the child is accompanied by an adult parent, guardian, or other person having legal custody and control of the child.

(c)

Signage required. Any business owner who displays sexually oriented merchandise shall prominently display a clearly legible sign or signs as necessary to notify anyone entering an area where such merchandise is displayed that sexually oriented merchandise is displayed and that no one under the age of 18 may enter the area unless accompanied by a parent or legal guardian. Such sign shall have a white background with the text in block letters no less than one inch in height which shall be black in color.

(d)

Penalty. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be punished as provided in section 1-9.

(e)

State law not superseded. This section shall not be deemed to supersede any provision of the Code of Laws of South Carolina, nor shall it be interpreted to authorize the display of obscene materials.

(Ord. No. 96-76, 8-13-96)